What is a Standard PA Lease Agreement?
Standard Lease Agreement in Pennsylvania is a rental tenancy agreement that covers the basics of renting a property in Pennsylvania. This is the agreement given that it is not a lease for a period of less than one year, often adopted by landlords who don’t want the deal to end. The standard lease agreement in PA is a nuts and bolts type of real estate document. It really doesn’t say much above what is included in the pre-printed form, and there is very few surprises. It is a non-option.
As you would expect in a standard real estate transaction, the Standard Lease Agreement does a few basic things. It identifies both the tenant all of the parties and landlords who are associated with the property . Who is on the hook for the money (the same goes for tenants) should be clear. The rights to use the property and responsibilities to pay rent are identified as well.
The amount of the rent should be clearly stated. Furthermore, how and where the rent is to be paid should be stated as well. Late fees can be established too in these types of lease agreements. The parameters regarding security deposits should also be spelled out if they are taken.
Sometimes a notice should be given to the occupier that intends to terminate the lease agreement. A Standard Lease Agreement in Pennsylvania can also include details on any permission for pets or smoking in the property by the tenant.
Important Aspects of a Pennsylvania Lease
A typical lease agreement will include information such as the names of the tenants, the landlord, the address of the rental property, the duration of the lease, the amount of rent, the amount of security deposit, and where the rent is to be paid.
Pennsylvania landlords can use either a standard residential lease agreement or a month-to-month lease agreement. These agreements are legally binding contracts that protect both landlords and tenants.
The standard lease agreement lasts for twelve months or the period so specified in the lease contract. It is automatically renewed for another term upon expiration unless either party notifies the other by 15 days prior to the end of the lease period of their intention to terminate it. If no such notification is otherwise given, the lease agreement will renew for an additional one month for the next six months but may be terminated by either party with only a five-day notice period. After six months, the lease will continue monthly for no additional consideration until a party terminates it with a 30-day notice.
In a month-to-month lease agreement, no specific lease period is mentioned. The contract is automatically renewed upon expiration and continues monthly until either party terminates the contract. The tenant must give the landlord 15 days prior notification of the intention to terminate the agreement but, upon expiration of the notice period, the contract will continue on a month-to-month basis unless the owner of the rental property decides to terminate it.
Some lease agreements have extra terms outside of the standard residential lease agreements. These include:
The lease agreement may clearly specify what the landlord may include in the lease agreement between the two parties.
Legal Rights AFforded Under PA Lease Law
Pennsylvania law affords certain protections and remedies to both landlords and tenants. They are contained in the Landlord and Tenant Act of 1951, 68 P.S. section 250.101 et seq. The Pennsylvania Lease Agreement created by the Pennsylvania Association of Realtors contains the rental protections and remedies that both the landlord and tenant have against the other.
Tenant Rights Pennsylvania law guarantees a tenant the right to a habitable unit. If the unit is not habitable, the tenant has a right to terminate the lease or to collect damages. However, the tenant must notify the landlord of the problem and give the landlord 14 days to correct the problem. After 14 days, if not corrected, the tenant always has the right to vacate and get back their security deposit.
If the landlord enters the residential unit during the time period for repairs and either cannot gain access or refuses to make the requested repairs, the tenant always has the option of vacating the premises and getting back their security deposit.
If a landlord unreasonably refuses to correct a serious problem, the tenant can go along with radon or lead testing or repairs and charge the landlord for the cost, not to exceed one-months rent.
A tenant can sue the landlord for his negligent acts or negligence that causes physical injury to the leasehold caused by the landlord’s lack of repairs. However, the tenant cannot collect on his own negligence.
The tenant has a right to live in a home free from illegal discrimination and a right to a security deposit of no more than two months. The tenancy may be terminated if the landlord unlawfully interferes with the tenant’s use and enjoyment of the premises or by unlawful eviction.
Landlord Obligations A landlord must comply with all health and safety laws and make all repairs necessary to keep the premises in a habitable condition. The landlord must make all repairs needed to keep the property in compliance with federal and state laws.
A landlord has a right to enter the residential unit and must do so in a reasonable time under the following circumstances: when the tenant requests repairs; in case of emergency; when the lease requires periodic entry; if a court order permits, among other things.
The landlord has the right to receive advance notice of unpaid rent and 10 days to correct the default before commencing action.
The landlord can increase the rent or alter the lease agreement if both parties agree. The landlord can end the lease agreement for violations of the lease or health and safety laws or unpaid rent.
The Pennsylvania Lease Agreement will protect the rights and obligations of both parties. A fellow attorney friend also shows the steps and remedies available to both landlords and tenants in his blog here.
Modification and Ending a Lease Agreement
When there is mutual agreement of the parties, the terms of an existing lease agreement may be modified. Rent increases or the addition of a provision to a lease can be made at any time including the middle of the lease term. However, if notice was given to the tenant for lease termination, the rental amount cannot be increased for the duration of the lease. Additionally, any such change in terms is generally effective upon a date established in the agreement and not before. The only exception to this would be if the parties agree to the modification being effective from what would ordinarily be the termination date.
A lease agreement may be terminated or its terms changed once a landlord has met the minimum statutory notice requirements in Pennsylvania. The procedure for terminating a lease depends on how the lease is classified for set purposes in accordance with the law . A lease is either a term lease or a periodic lease. Regardless of the classification of the lease, the tenant must be provided with a written notice if it is to be terminated due to the expiration of the lease term. Additionally, termination of the lease rights of a tenant may occur when the tenant violates a material term of the lease agreement. In this situation, a notice to vacate is not required unless one was stipulated in the lease agreement. If there is a significant violation of the lease in which a notice to vacate is required, the violation must be deliberate and not merely a one-shot infraction.
The following is a chart showing the minimum number of days of notice required for termination of a lease in Pennsylvania:
If the term of the lease is less than one year, no notice is required for termination.
Common Pitfalls of Lease Agreement Drafting
Even with the consumer protections built into standardized lease agreements, there are certain mistakes that many landlords make time and time again, putting both them and their tenants at risk. The most common issues we see when landlords don’t use a standard agreement, such as the state approved Standard Lease:
Missing or Incorrect Names – Contracts, including lease agreements, must be between legally recognized entities, most often an individual or business owned by an individual. It may appear obvious to you, but maybe not to your landlord. Be aware of how your name appears on all legal documents and that it is spelled correctly, always. Incomplete Lease – A complete and thorough lease or rental agreement will safeguard you against future issues by making clear all the details of the agreement. All tenants listed on the lease must sign the document. If payment for rent is handled differently for individual parties, that must also be addressed. Once you’ve signed a rental agreement you are obligated to its terms. Inadequate Terms Addressing Changing Needs – Addresses for utilities, maintenance costs, pets, or occupancy of another person due to marriage or other circumstances should all be addressed in a lease, especially if it affects costs for utilities and maintenance. For example, what happens to the rent if you are not living in the rental property for a certain amount of time? If your spouse moves in, will the rent be increased to compensate for additional utility costs? How are pets handled? Inadequate Security Deposit – Pennsylvania law does not require landlords to have security deposit funds in a separate account. However, should no longer charge more than two months’ rent in advance with an additional one-month security deposit. You may find some landlords still attempting to collect additional security for pets, etc., though this is now illegal. Inadequate deposit return terms – Pennsylvania law sets terms for the return of a security deposit. If you are seeking rent owed or damages, even if the damages exceed the amount of the security deposit, you must file a court petition in small claims court to recover the rental arrears or damages, plus attorney fees, court costs, and interest. If you fail to do so and end up taking the tenant to court, you will lose out on some of the damages you are eligible to collect. Other fees! – Many landlords try to make up for their losses in rent or their income by charging fees or other charges. Things like cleaning and maintenance fees are illegal in Pennsylvania. As well, you cannot charge for things like renewing a lease or showing an apartment.
Help and Resources for PA Landlords and Tenants
Pennsylvania offers several resources to help both tenants and landlords understand and navigate the standard lease agreement in Pennsylvania. Local legal aid organizations, government agencies, and, in some cases, public libraries, may offer resources to help you understand your rights and responsibilities as a landlord or tenant. In addition, there are several online resources that offer templates for creating a standard lease. Here are a few to consider:
The Pennsylvania Legal Aid Network operates a legal aid hotline. This online directory will connect you to the legal aid organization in your county. If you cannot afford an attorney, or are unsure whether your question requires a lawyer or attorney, they may be able to help you answer questions regarding the legal lease agreement in Pennsylvania .
The Pennsylvania Bar Association offers a list of landlord and tenant resources on their website. This is broken down by county, with information for each Pennsylvania country to help you understand the rules regarding a standard lease agreement in Pennsylvania.
The Pennsylvania Apartment Association offers a free "Tenant Screening Resource Kit" that includes screening applications and other forms that may help you in creating a standard lease agreement in Pennsylvania. Many chambers of commerce or apartment associations also offer templates for creating a standard lease agreement in Pennsylvania.