What Can a Landlord Not Do in Pennsylvania

Renting a property in Pennsylvania comes with legally defined rights and obligations for both landlords and tenants. Awareness of what a landlord cannot do is essential to maintaining a fair and lawful rental relationship. These restrictions are grounded in both state statutes and federal protections designed to prevent abuse and ensure habitability.

Tenants should be aware of their rights to contest unlawful conduct through courts or regulatory agencies. Likewise, landlords who stay compliant can avoid costly litigation and foster long-term, respectful tenancies. In case of disputes, you should seek legal representation from a dedicated landlord and tenant attorney in Pennsylvania. 

Illegal Self‑Help Evictions

Self-Changing Locks or Shutting Off Utilities

Under Pennsylvania law, landlords cannot forcibly evict a tenant by changing locks, removing doors, shutting off utilities (water, gas, electricity), or any other method designed to compel you to leave without proper court authorization. Doing so constitutes an illegal eviction, often referred to as a “self-help eviction.”

Pennsylvania courts have consistently ruled that tenants subjected to illegal lockouts or utility shutoffs are entitled to remedies, including wrongful eviction damages plus attorney’s fees and court costs. To regain possession, a landlord must first obtain a writ of possession via Magisterial District Court or Court of Common Pleas and have it executed by the sheriff or constable.

Personal Belongings and Eviction

Landlords aren’t permitted to remove tenant property or dispose of it without following the legal eviction process. If the landlord unlawfully throws away or sells tenant’s belongings, they may be liable for damages and costs, and the tenant may be allowed to recover the property or its value along with punitive damages.

Harassment or Retaliation Against Tenants

Retaliatory Conduct Is Forbidden

The Pennsylvania Landlord‑Tenant Act provides strong protections against retaliation. After a tenant exercises legally protected rights, such as reporting housing code violations, requesting needed repairs, or complaining to code enforcement, the landlord cannot:

• Raise the rent
• Terminate the lease
• Decrease services
• Attempt to evict the tenant

Landlords must not engage in retaliatory conduct. Doing so may expose them to liability for actual and punitive damages, as well as attorney’s fees.

Harassment Through Unannounced Entry and Nuisance Behavior

Under Pennsylvania landlord-tenant laws, tenants are entitled to quiet enjoyment of their homes. Although the state doesn’t impose mandatory notice requirements for entry, landlords are expected to provide reasonable notice unless emergencies arise.

A pattern of constant, unauthorized entries, especially late at night, or disruptive behaviors (e.g., loud banging, shoving belongings back after inspection) may constitute harassment or even constructive eviction, allowing tenants to terminate leases and seek damages.

Violation of Fair Housing Laws

Discrimination in Rental Housing

Pennsylvania landlords must not discriminate based on race, color, religion, sex, national origin, disability, familial status, age, or source of income (including public assistance). These protections are found under the Federal Fair Housing Act (FHA) and the Pennsylvania Human Relations Act (PHRA).

Examples of unlawful discrimination include:

• Refusing to rent to families with children
• Charging higher rents or deposits for tenants on Section 8 assistance
• Steering tenants to different neighborhoods based on protected characteristics
• Enforcing different rules or penalties for female tenants

Victims of discrimination can bring claims before HUD or the Pennsylvania Human Relations Commission, with potential remedies including injunctive relief, compensatory and punitive damages, and attorneys’ fees.

Disability Accommodations for Service and Support Animals

Under the Fair Housing Act and PHRA, landlords must provide reasonable accommodations for tenants with disabilities. This includes waiving “no-pets” policies to allow service animals and emotional support animals, so long as:

• The animal’s need is documented
• It doesn’t pose a direct threat or cause property damage

Landlords may not charge pet fees or deposits for these animals. Denying an ESA request without justification may constitute unlawful discrimination.

Unlawful Consumer Credit and Rental Reporting

Misrepresenting Tenant Financials

If a landlord reports rental histories, late payments, or debt to credit bureaus, the information must be accurate, complete, and timely in compliance with the Fair Credit Reporting Act (FCRA). A landlord who knowingly or negligently reports false or misleading information may be liable for damages resulting from credit harm.

Illegal Use of Screening Fees

Tenant screening fees are legal in Pennsylvania, but they must not exceed the actual cost charged by consumer reporting agencies. Landlords must not overcharge, misrepresent, or retain these fees unjustly. Tenants can demand documentation and receive refunds if fees are miscalculated.

Breach of Covenant of Habitability and Housing Codes

Failure to Address Health and Safety Hazards

Tenants in Pennsylvania are entitled to a safe, habitable living environment. Landlords must repair and maintain essential systems, such as heat, plumbing, structural integrity, pest control, mold remediation, and more.

By failing to comply with habitability standards, such as ignoring roach infestations, sewage backups, or a broken furnace in winter, a landlord violates the covenant of habitability and may face legal repercussions. Tenants may withhold rent, break their lease, repair and deduct costs, or file suit for damages and repairs.

Illegal Lease Provisions

Landlords cannot include illegal or contradictory terms in the lease agreements like waiving tenant rights under state or federal law (e.g., “Tenant waives the right to file a lawsuit”). Such provisions are void and unenforceable, and landlords who attempt to enforce them may be liable.

Improper Handling of Security Deposits

Late Returns and Unjust Withholding

Under 68 Pa.C.S. § 250.512, landlords must return the security deposit within 30 days of lease termination or within 15 days of providing a written list of damages and deductions. Failing to comply or wrongfully withholding the deposit may result in an award of treble damages (three times the withheld amount), plus fees and costs.

Charging for Normal Wear and Tear

Landlords cannot deduct for ordinary wear and tear, such as scuff marks, minor carpet wear, or fading paint in the rental property. Deductions must be for actual damage beyond daily use. Tenants can contest improper deductions in court or at the rental unit’s county magisterial district or small claims court.

Unlawful Application Denial and Delayed Processing

Holding Deposit Abuse

Once a landlord accepts a rental application and holds it with a deposit, they must process it within a reasonable time and return the deposit if they decline tenancy or cannot complete processing due to the landlord’s fault (e.g., overbooking, change of mind).

Late Move-In and Lease Signing Fraud

Landlords cannot inflate rent after receiving an application or deposit, nor change material terms of the rental agreements without consent. Doing so could be considered bait-and-switch, giving tenants grounds to recover deposit plus damages.

Unlawful Retaliation Against Tenants Exercising Legal Rights

No Retaliation for Complaints or Tenant Organizing

After a tenant properly exercises rights, such as requesting repairs, forming associations, or complaining about housing discrimination, the landlord cannot retaliate by raising a month’s rent, evicting, or limiting services. Such acts may result in presumed retaliation unless the landlord proves a valid independent reason.

Breach of Privacy and Tenant Records Confidentiality

Disclosing Personal Tenant Information

Landlords who share or sell personal information, lease records, or financial details of actual or prospective tenants without permission may breach tenant privacy rights and possibly violate state privacy statutes and the FCRA.

Violating Local Ordinances and Rent Control Bans

Ignoring Municipal Rules

Municipalities like Philadelphia enforce local safety, energy, licensing, and rental inspection codes. Landlords must comply with these; failure could result in fines and civil enforcement actions. They also must observe rent control limits where imposed.

Handling of Abandoned Tenant Property

Improper Disposal of Left-Behind Items

Under Pennsylvania law governing abandoned property left after lease termination, landlords must:

• Provide notice to the tenant and storage
• Wait at least 15 days before selling or disposing of items
• Account for the disposal

Skipping these steps may constitute conversion and result in liability for the value of the items.

Unapproved Lease Termination Methods

Improper Notices and Failure to Follow Legal Termination

Landlords cannot evict a tenant without giving a proper notice in writing, such as 10 days for failure to pay rent (or tenant withholding rent), 15 days for lease violations, or 30 days for month-to-month terminations. Skipping or mis-serving notice invalidates the eviction process and may result in penalties.

Charging Illegal Fees or Surcharges

Hidden or Illegal Fees

Under the landlord-tenant relationship in Pennsylvania, landlords cannot charge unlawful extra fees:

• No pet deposits for ESAs or service animals
• No “move-in fees” not disclosed in the lease
• No administration fees that exceed actual costs
• Any fees not spelled out in the lease may be unenforceable.

Failing to Provide Lead Paint Disclosures (Pre‑1978 Buildings)

Federal Lead Disclosure Requirement

For properties built before 1978, federal law requires landlords to:

• Provide an EPA-approved lead paint pamphlet
• Disclose known lead-based paint hazard
• Supply any records or reports

If the landlord fails to comply, it can lead to liability for actual and statutory damages under the Residential Lead-Based Paint Hazard Reduction Act.

Legal Help Is Here from Trusted PA Landlord-Tenant Lawyers

Whether you’re a landlord or a tenant facing a rental dispute, trust the skilled landlord-tenant attorneys at Morella Bencsics to protect your rights and interests. With deep Pennsylvania roots and big-firm experience, we deliver reliable, results-driven representation from day one. 

Reach out to us for personalized legal guidance backed by integrity, professionalism, and a commitment to your success. To schedule your free consultation, call us at (412) 960-1656 or contact us online.