Pennsylvania Landlord Required Disclosures

Unlike many other states, Pennsylvania does not have a comprehensive list of state-mandated disclosures that a landlord must provide to a tenant before moving in. The primary governing law, the Pennsylvania Landlord and Tenant Act of 1951 (effective September 1, 1951), is relatively silent on statewide notification requirements beyond security deposit banking information and notice to quit procedures. However, landlords must still comply with federal laws and are heavily subject to local, city-specific ordinances—particularly in Philadelphia—that demand rigorous disclosures.

Federal Disclosure Requirements (42 U.S.C. § 4852d)

Regardless of where your property is located in Pennsylvania, you must comply with the federal lead-based paint disclosure rule.

Lead-Based Paint

If the residential rental property was constructed before 1978, landlords must provide standard documentation to incoming tenants:

• A completed Lead-Based Paint Disclosure Statement.
• The EPA-approved informational pamphlet, "Protect Your Family from Lead in Your Home."
• Any known records or reports concerning the presence of lead-based paint or hazards in the building.

Failure to provide these documents can result in massive federal fines.

State-Level Disclosures

Currently, the Pennsylvania Landlord and Tenant Act does not require statewide disclosures regarding common issues like mold, bed bugs, recent deaths on the property, or flood zones, though voluntarily disclosing serious hazards is generally recommended to avoid liability under the implied warranty of habitability.

Notice to Quit (68 P.S. § 250.501)

For non-payment of rent, the statutory notice period is ten (10) days. However, Pennsylvania law explicitly allows this notice to be shortened or waived entirely if the lease agreement so provides. Most standard residential leases in the state include a waiver of this notice.

Security Deposit and Escrow Requirements

Pennsylvania law sets strict limits on security deposits and how they are handled:

• Deposit Caps (68 P.S. § 250.511a): During the first year of a lease, a landlord may charge up to two (2) months' rent as a security deposit. At the start of the second year and for subsequent years, the maximum allowed decreases to one (1) month's rent. Landlords must return any amount exceeding one month's rent to the tenant at the beginning of the second year. After five years of tenancy, the deposit cannot be increased even if the rent is increased.
• Escrow Account Details (68 P.S. § 250.511b): If a landlord collects a security deposit in excess of $100, the funds must be held in a regulated escrow account. The landlord is required to communicate, in writing, the name and address of the financial institution housing the funds to the tenant.
• Interest on Funds: For deposits over $100 held for more than two years, funds must be placed in an interest-bearing account. The landlord is entitled to retain an annual administrative fee equal to 1% of the principal amount deposited. If the interest earned is less than 1% of the principal, the tenant is entitled to no interest. Remaining interest must be paid to the tenant annually.

City-Specific Requirements (Example: Philadelphia)

Although state law is light on disclosures, municipalities in Pennsylvania often enforce strict rules. Philadelphia is the most prominent example:

1. Lead Safe or Lead Free Certification: In Philadelphia, all landlords renting properties built before 1978 must present a "Lead Safe" or "Lead Free" certification to the tenant, accompanied by a valid dust wipe test result, before the tenant signs a lease or moves in (Phila. Code § 6-803).
2. Certificate of Rental Suitability: Landlords in Philadelphia must provide a copy of this certificate (issued within the last 60 days) and the "Partners for Good Housing" handbook to tenants at the inception of the lease. Failure to provide these documents prevents the landlord from collecting rent or filing for eviction (Phila. Code § 9-3903).
3. Partners for Good Housing Handbook: Philadelphia landlords are required to provide new tenants with a copy of the "Partners for Good Housing" handbook issued by the city (Phila. Code § 9-3903).
4. Bed Bug Control: In Philadelphia, landlords must provide tenants with a brochure detailing bed bug prevention and treatment and must disclose any bed bug history in the unit from the previous 120 days (Phila. Code § 9-3904).
5. Late Fees: Philadelphia municipal law strictly prohibits landlords from charging late fees in excess of 5% of the monthly rent (Phila. Code § 9-804).

Note: You must research city-specific housing ordinances where your property is located. Pittsburgh, Allentown, and other municipalities have their own rental licensing and disclosure mandates.

Best Practices

Even though Pennsylvania law doesn't formally mandate many disclosures, creating a transparent lease agreement protects the landlord. It is strongly advised to clearly disclose:

• Responsibility for utility payments.
• Any non-refundable move-in or pet fees.
• Smoking and pet policies.

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