Relevant Laws

Landlord Tenant Act

Visit the Student Affairs website for helpful tips and information on landlord-tenant laws, security deposits, lease review, subletting, and more.

For legal advice, referrals, document preparation, or other services for University Park and Commonwealth Campus, or for students facing personal legal issues, contact Student Legal Services:

Phone: 814-867-4388

Email: pennstatesls@psu.edu

Location: 204 East Calder Way, Suite 200, State College, PA 16801

Fair Housing

Fair Housing laws apply to anyone renting property to others. Certain types of housing discrimination are prohibited under both federal and state laws. The protections afforded differ slightly between federal law, as outlined in the Fair Housing Act, 42 U.S.C. §§ 3601-3631, and state law, as outlined in the Pennsylvania Human Relations Act, 43 P.S. §51 et seq. 

If the housing is in State College Borough, there is also a local ordinance (Borough of State College Ordinances Chapter V, Part E) with even more expansive protections than the Federal or State laws.

Unlawful acts include, but are not limited to:

• Refusing to sell or lease housing to you
• Discriminating in terms of conditions, services, or privileges
• Saying that a dwelling is not available when it is
• If you are disabled, it refuses to permit you to make changes in your home to suit your disability

If you are in a protected class and want to request a reasonable accommodation to make housing accessible to you, North Penn Legal Services offers educational resources you can use to formulate that request. They also provide a detailed chapter on the law, including information on how to pursue remedies and the time limitations for filing a complaint.

A common question in State College is whether emotional support animals are permitted in 'no pet' housing, what documentation is needed to demonstrate the need for the emotional support animal, and how to request the accommodation. The Judge David L. Bazelton Center for Mental Health Law has a helpful information sheet on that topic.

If you believe you've been discriminated against, consult a lawyer. To take action on your own, you can file a fair housing complaint online with the appropriate federal, state, or local agency.

Warranty of Habitability

The good news is that Pennsylvania implies a warranty of habitability into every residential lease contract.

The bad news: It comes with a reasonably limited warranty. Landlords are required to keep the property in a safe, sanitary, and livable condition. Only serious issues, such as the absence of a working toilet or inadequate heating in the winter, are covered.

What you can do:

1. First, could you notify the landlord of the condition in writing?

2. Second, give the landlord a reasonable time to fix the problem. ' Reasonable' is not well-defined, but is connected to the seriousness and immediacy of the defect. For example, a hole in the roof during a dry week in the summer doesn't have to be addressed as quickly as a hole in the roof during a snowstorm.

If the problem remains unresolved, you have several options. These options are only available if you can demonstrate that the defect created a serious, unsafe condition, the landlord was given written notice of the condition, and the landlord failed to repair the condition within a reasonable period of time.

1. 'Repair and deduct'. You can repair the condition and deduct the cost from your rent.

2. Terminate the lease. If you choose this option, you must provide notice to the landlord and vacate the apartment completely.

3. Damages. You can file a lawsuit and request damages you incurred as a result of the uninhabitable property. This suit can be in addition to repairing it yourself, ending the lease, or as its own remedy.

4. Specific performance. The tenant can request that the court order the landlord to make the necessary repairs. This is an unusual remedy, but available if nothing else is adequate.

Hint: These remedies can be risky! If an apartment is uninhabitable, there is usually a fire, safety, or housing code that is being violated. I'm reaching out to the relevant municipal agency to assist you in determining whether the property is truly uninhabitable and to help resolve the issue more quickly. For the proper municipal agency, you can visit the Centre Region Council of Governments website.

Quiet Enjoyment

The good news is that Pennsylvania also implies a covenant of quiet enjoyment into every residential lease contract.

The bad news: It doesn't mean exactly what it sounds like it means.

Here's why:

• It typically applies only to the actions of the landlord and the landlord's agent. Thus, the landlord can't restrict your use of the leased premises by, for example, placing a dumpster on your patio.
• It typically does not apply to the actions of your neighbors. So when your neighbor keeps playing a wall-shaking stereo at 3 am, that isn't a breach of the covenant of quiet enjoyment. There may be exceptions to this rule, particularly when the lease includes noise restrictions and the landlord refuses to take action to enforce them, allowing the tenant to bargain it away. When you sign a lease that will enable a landlord unrestricted access to your apartment or prohibit pets, you are agreeing to restrictions on your use of the property.

What to do: Before taking any other action, please notify the landlord about the problem. In extreme cases, you can file a lawsuit asking for damages resulting from the broken covenant.

What you can't do:  In most cases, the apartment is still habitable, so you can't move out and terminate your lease.

Eviction

You can be evicted if you:

• Don't pay your rent;
• Violate any part of the lease agreement; or
• Fail to move out when your lease term has ended.

It's important that you know...

• Landlords can also evict for drug-related criminal activity in the household, and, if they do, can follow an expedited court process.
• Eviction is NOT a clever way to get out of a lease. If you are evicted, you can owe things like late fees, court costs, attorneys' fees, and other expenses.
• Landlords can only evict through a court process. They are not permitted to 'lock out' or 'throw out' a tenant.

Security Deposit

Moving out means moving on, to a new place, a new city, new experiences. Renters who are only looking forward to moving on and don't give adequate attention to the place they're leaving will be sorely disappointed when the security deposit statement arrives in the mail.

Move Out Musts:

• Vacate on time (check the lease)
• Turn in keys
• Turn in cleaning receipts (if required)
• Provide a written forwarding address to the landlord

Preparing to Move Out

Many apartments offer a move-out packet detailing the expectations for cleaning and vacating the apartment. If not, be sure to remove all property, garbage, and stray items, wash thoroughly, and check the lease for specific requirements, such as professional carpet cleaning. If your landlord offers a walk-through, take advantage after you have cleaned. The landlord will let you know of any issues while you still have time to address them.

Refund Time

The landlord is required to return your security deposit refund and an itemized list of damages for any amounts withheld within 30 days after you return your keys and provide your forwarding address. If you believe the charges are unreasonable, write a letter or email to your landlord disputing the charges. Be specific and maintain a professional tone. If you are unable to work it out with your landlord, you can go ahead and seek the advice of an attorney to explore your options.

Keep in mind that every situation is different. This article is meant to provide general information, not specific legal advice. For legal advice, consult an attorney.