Lease Agreements
A well-drafted lease is your strongest protection as a landlord. Here’s what every enforceable Pennsylvania residential lease must include.
Verbal Leases Are Risky
While PA recognizes verbal leases, they are extremely difficult to enforce. Without a written lease, you default to a month-to-month tenancy with only the protections provided by statute — no pet restrictions, no late fees, no specific rules. Always use a written lease.
Essential Lease Provisions
Parties & Property
RequiredFull legal names of all tenants and the complete property address including unit number.
Lease Term & Renewal
RequiredStart date, end date, and whether the lease automatically renews or converts to month-to-month.
Rent Amount & Due Date
RequiredMonthly rent, due date, acceptable payment methods, and where to deliver payment.
Late Fees & Grace Period
RequiredPA does not mandate a grace period, but courts may scrutinize excessive late fees. Typical: 5-day grace, 5–10% late fee.
Security Deposit
RequiredAmount collected, escrow bank name and address, and return policy. Must comply with 68 Pa. Stat. § 250.511a–512.
Maintenance & Repair Responsibilities
RequiredWhich repairs are landlord vs. tenant responsibility. Landlord must maintain habitability regardless of lease terms.
Lead-Based Paint Disclosure
RequiredRequired for all pre-1978 housing. Must provide EPA pamphlet and known lead hazard information.
Statute: 42 U.S.C. § 4852d
Entry & Access
RecommendedConditions under which landlord may enter the unit. PA does not have a specific statute, but 24 hours notice is standard practice.
Pet Policy
RecommendedWhether pets are allowed, breed/size restrictions, pet deposits or monthly pet rent. Note: service/support animals cannot be restricted.
Utilities & Services
RecommendedWhich utilities landlord provides vs. tenant responsibility. Include account transfer instructions.
Early Termination Clause
RecommendedConditions for early termination, required notice period, and any buyout or penalty fees.
Rules & Regulations Addendum
RecommendedNoise policies, parking, trash disposal, common area use, guest policies, smoking/vaping, etc.
Common Lease Drafting Mistakes
Using a generic online template
PA has specific requirements (security deposit escrow, lead disclosure) that generic templates miss. Use a PA-specific lease.
No lead paint disclosure for pre-1978 units
Federal law requires the disclosure form AND EPA pamphlet. Failure to comply can result in $10,000+ penalties per violation.
Excessive late fees
Courts may void late fees over 10% of monthly rent. Keep fees reasonable (5–10%) with a clear grace period.
Waiving habitability in the lease
PA courts have ruled habitability protections are non-waivable. Include maintenance procedures instead of waivers.
No move-in condition documentation
Without a signed move-in checklist, you cannot prove pre-existing vs. new damage for deposit deductions.
Vague or missing termination procedures
Specify exact notice periods, cure periods, and the process for non-renewal to avoid disputes.
Get a Professional Lease Agreement
Our attorney-drafted leases include all required PA provisions, disclosures, and addenda — customized for your property.