Property Management (Landlord/Tenant) Laws

Property Management (Landlord/Tenant) Laws in Pennsylvania

Property management (landlord/tenant) laws vary among states. PA laws are comprehensive and protect the landlord, property manager and tenant. As a property owner or manager, you must know these laws or risk costly legal battles. 

The following are the most common property management laws to understand.

Pennsylvania Real Estate Licensing

PA real estate licensing laws cover property management, including leasing and renting. Any property manager who plans to manage, market, list or lease real estate must have a license under Pennsylvania law. 

A licensed broker may employ a salesperson to assist with some of these tasks, but the licensed broker must perform some management activities and supervise those not performed. In addition to real estate licenses for the manager, the property may need a license depending on the municipality. 



More Property Management (Landlord/Tenant) Law

Aside from the laws that govern the required licensing for property managers and properties, some laws that focus on tenancy. More specifically, laws that focus on leases, notices, evictions, security deposits, and related.

Evictions

No one wants to evict a tenant, but evictions are part of property management. When the time comes, it's vital to have the law on your side, so you don't make an unnecessary mistake that tips things in the renter's favor. 

There are different types of evictions, but all require you to provide the tenant with written notice —unless properly waived — complete with the information regarding the lease violation and demand to cure. 

There are several reasons you may want or need to evict a tenant from your property, including the most common — non-payment. Other reasons include illegal drug use and excessive damage to the property. 

As the property owner or licensed property manager, you must be familiar with the necessary steps depending on the reason for eviction. A wrong step with an eviction can cause extensive delays, increased cause or broader legal issues. 

The eviction process can be challenging, so ensure you follow the precise legal procedures to avoid unpleasant and expensive court appearances.

Security Deposits

Security deposits are valuable for covering excessive damage to a property if the tenant causes the damage. They can also cover unpaid rent or utility bills if the tenants default. Security deposits differ from last month's rent deposits, which the tenant can only use to cover rent for their last month on the premises. You have more flexibility with a security deposit, as you can use it to rectify any damages before you take on a new tenant. 

Some laws govern how much you can ask a tenant for as a security deposit. In Pennsylvania, you can charge a maximum of two months' rent for the first year of the lease, after which it drops to one month's rent. 

Property managers retain the right to withhold some or all of the security deposit to cover excessive damage to the property or unpaid expenses. Of course, you don't want to overstep your legal rights, so check with state and local authorities to ensure you understand your tenants' financial responsibilities. For example, you may not deduct from a security deposit for everyday wear and tear. 

PA law requires you to notify tenants in writing if you plan to withhold the security deposit. If you plan to repay or withhold a tenant's security deposit, it must occur within 30 days of the end of the lease. 

Professional Obligations

As we discussed above, property managers must obtain licenses, and part of that process includes extensive criminal background checks. Once an applicant has a license, they must partake in ongoing education and pay fees annually to keep it in good standing. 

Property managers have a fiduciary duty toward the people in the buildings they manage. It's the highest duty owed by law and requires them to act in their clients' best interest. If you're a property manager, ensure you avoid conflicts of interest and don't act against the client for self-gratification. Owning or managing a building means you owe a fiduciary duty to the community, not to each tenant. 

Homeowners Association and Condominium Laws

Homeowners associations and condominiums form communities with their laws. Property management law links closely to these community laws, and property managers must be familiar with them. Assisting communities in their obligations is part of a property manager's job and must be within the bounds of the community's governing documents. Ensuring residents remain compliant with the community rules is an excellent example of a property manager's role. 

Habitable Housing Laws

Under PA law, landlords and property managers must keep rented premises habitable. If you fail to do so, your tenant has the legal right to withhold rent until you repair the property. Alternatively, renters can pay for the repairs themselves and deduct the costs from their rental payment. 



This law, also known as the implied warranty of habitability, states that landlords or property managers must provide tenants with the following:

• Reliable heat
• Sufficient hot water
• A roof that doesn't leak into the home

Tips and Tricks to Navigate Property Management Requirements in PA

Navigating property management (landlord/tenant) laws can be challenging — there is so much to keep track of, and one misstep could result in an expensive legal battle. Consider the following pointers to make this task easier.

• Brush up on the law: Property management (landlord/tenant) laws are detailed, and many tenants know their rights. If you need more clarification, ensure you know the law before taking action. 
• Use legal resources: Research is your best friend, especially if you're a new landlord or property manager. Use every authoritative resource at your disposal and gather as much knowledge as you can. 
• Keep detailed documentation: You never know when you may need to refer to documentation detailing repairs, agreements and many other interactions with tenants. Being able to substantiate your actions with evidence is an excellent legal strategy. 
• Supply legal lease agreements: Your lease agreements and rental contracts must be thorough and aboveboard. Beware of illegal clauses in contracts that could cause damage in the future. Get a professional property management company and their legal team involved for clarification. 
• Adhere to specific procedures: If you need to evict a tenant, ensure you follow all steps to the letter. For example, Pennsylvania laws require you to give a tenant 10 days before filing for eviction. 
• Consult a property management company: Property management can be overwhelming. Professional property management companies are there to steer you in the right direction and relieve you of the burden of managing properties alone. Take time to choose a property management company that works for you. New Paragraph

Whether you're an experienced landlord, new to property rentals or a tenant looking for a professionally managed rental, Harrisburg Property Management Group is here to help you. Our owners were all landlords before we started the business, so we know what landlords need regarding property management. 

We have unparalleled knowledge of Lebanon, Hershey, Harrisburg, Mechanicsburg, Carlisle and the surrounding areas, so we can provide you with the best information to make informed decisions about your business. 



Customer service is paramount to us, and we pride ourselves on our professional, reliable service. Stay ahead of the curve by hiring an experienced property management specialist. Please get in touch with us to learn more about how we can help you streamline your property rentals today.