What are the Tenant Responsibilities in Pennsylvania?

What are the Tenant Responsibilities in Pennsylvania?

Tenants have responsibilities. What are they? How can not adhering to the responsibilities effect the tenant?

Intro

Landlords want tenants to succeed. No question. About half of all landlords in the U.S. are small operators who feel a connection to the community and want to create quality living opportunities for people who simply want to live good lives. Even the best of tenants rent a home without fully understanding their rights and responsibilities. We all live busy lives and it is easy to lose track of the details. This page is intended to help all tenants to be great tenants and make their renting experience the best it can be.

• Pay rent on or before the 1st of the month consistently. If there is a need to be late, work it out with the landlord before the rent is due.
• Comply fully with the conditions of the lease.
• Comply fully with any house rules and addendums of the lease.
• Comply fully with all Pennsylvania Laws to include Tenant Landlord Laws.
• Obey occupancy limitations and guest policies.
• Maintain a peaceful residency as not to disturb other tenants and the landlord.
• Do not damage the property. Notify the landlord of any tenant caused damage immediately. Accidents happen. Granted. Honesty goes a long way with landlords.
• Notify the landlord of all defects immediately. Especially any defect that effects the property, other tenants, or landlord costs.
• Maintain the security of the rental and property.
• Clean the residency to a normal standard including cleaning windows, floors, carpets, fixtures, etc.
• No drug or criminal activity including those committed by tenant guests.
• Do not conduct business or other similar related activities.
• Maintain any vehicle to operational and lawful conditions including inspections, registrations, etc.
• Do not modify the property.
• Do not store rubbish or items on the property including on porches or vehicles on the property.
• Do not use grills or other dangerous items near the building and do not store these items in an unsafe manner. No grills on porches.
• Do not dispose of prohibited chemicals or materials down drains, in the yard, on the roadway, etc. Always dispose of such materials according to the law.
• Do not dispose of restricted waste as trash.
• Do not damage property related to utilities or services such as television or telephone wiring.
• Obey all lawful move-out processes and procedures.
• Do not use the residency for establishing identity, credit, obtaining loans or other services, or mail services except for approved tenants. (Fraud)
• Do not attempt to repair anything unless the landlord is unresponsive. Always inform the landlord of defects immediately so that the landlord can make proper repairs.
• Provide reasonable access to the landlord, inspectors, contractors, and anyone with lawful rights granted or assumed.
• Do not use unapproved space heaters or other appliances.

Pay rent on or before the 1st of the month consistently.

It seems silly to mention such a clear and obvious responsibility, however, this is a real problem for landlords who spend enormous amounts of time chasing down rent. It is not the landlords responsibility to chase a tenant for rent due. There is little that annoys a landlord more than having to chase tenants for rent. Often, these tenants are evicted where there is a pattern of having to chase rents. Some landlords will not tolerate chasing a tenant down for rent and will start the eviction process immediately after any defined late period. Why? Because any tenant that begins a pattern of not paying rent on time will eventually stop paying rent altogether. Tenants will go through difficult times at some point in their lives. Landlords understand this and will try to be flexible where they can if they are aware of a problem before rent is due. It always pays to talk to the landlord as soon as possible when difficult times come about. When a tenant honestly tries to solve problems, many landlords are glad to help where they can. The problem comes when honest tenants come square with previous irresponsible tenant patterns. Do not avoid the landlord. Get out in front of any problem proactively. Do not lie to the landlord. Landlords have heard all of the lies before. Landlords will evict tenants they cannot trust. If, for example, you lose a job, seek help everywhere you can such as unemployment, local job search agencies, local temp agencies, local charities, etc. Smaller landlords know what options exist within an area and may be able to guide a tenant. Borrow money where possible. Cut down on expenses. Do everything you can. Afterall, what is more important than having a roof over your head? If you need to, rely upon family to help. For example, if you need to move in with Mom, then make that decision quickly, talk to the landlord immediately, and do what is right on your way out. A landlord will gladly help a tenant that is responsible and take back any tenant that is considerate of the landlord. Do not burn bridges unnecessarily. Today with electronic reporting in every corner of the country, doing the wrong thing will stop you cold from renting again or even from buying a property in the future.

Comply fully with the conditions of the lease.

Most landlords are careful to craft a lease that is clear to understand. These are often not complicated documents to understand. In Pennsylvania, leases are required to be written in clear and common language to be understood by all tenants. Most leases are rather short. This is one place where expectations are made very clear. Read the lease carefully. Most are fairly standard and should not contain any surprises. If there is something you do not understand, then ask the landlord. Often, it is a very simple clause created for simple understandable reasons. Review this document from time to time especially when you chose to move out or run into issues in your life. For example, do you know when rent is considered late? What is the late fee? When will eviction be sought for non-payment? Do not be afraid to talk to the landlord. Most are happy to help during difficult times and may offer an agreement that will help keep a tenant out of trouble. However, people who violate the lease intentionally will find the landlord less flexible. One example is intentional violation of pet policies hoping the landlord will not enforce the lease clause. This is a mistake. Leases are legal documents that cost serious money and time to write and are not taken lightly. They are not just policy. Honest tenants will talk to the landlord and understand their responsibilities and live up to them. Landlords appreciate this and often will help tenants with their desires and remain within the scope fo the lease.

Comply fully with any house rules and addendums of the lease.

Many leases are written in two parts, the lease itself, and a reasonable set of house rules. The house rules are designed to amend the lease by adding expectations without rewriting the whole lease. No house rule can negate any clause of the lease, but can add expectations. These are often simple items and therefore easy to understand. The intent of house rules are to help any tenant have a quality of life that should be expected. It is important to understand and adhere to any house rule.

Comply fully with all Pennsylvania Laws to include Landlord Tenant Laws.

Tenants are required to follow federal, state, county, and local laws. This includes Landlord Tenant Laws. While this may seem obvious, landlords often face issues of tenants who violate the law. Common issues are drug usage, trafficking, public intoxication, noise, occupancy, trash and rubbish, etc. Another common issue is failing to comply with Landlord Tenant Laws. These laws are not difficult to understand and comply with. Even honest tenants will frequently violate the law when moving out. Talk to the landlord where you can. Landlords are often very aware of the law and will be happy to help keep a tenant straight.

Obey occupancy limitations and guest policies.

Landlords understand occupancy laws and must abide by the law to enforce occupancy limitations. For Pennsylvania, and most other states, occupancy is defined as square feet per person less infants and toddlers per bedroom. Boiling it down to the simple, this generally means two adults per bedroom though this can vary based upon the square footage of each of the bedrooms. You can simply ask the landlord what the occupancy rate for a specific rental is before making any decisions. Landlords do not appreciate finding unapproved residents especially in violation of the occupancy laws. Landlords will enforce occupancy laws strictly because these laws apply to the landlord more than the tenant. Tenants ignoring occupancy laws making it a landlord issue will be evicted immediately. If you have visitors or wish to move someone in, talk to the landlord. Landlords are always glad to help.

Maintain a peaceful residency as not to disturb other tenants and the landlord.

Again, this seems like a no-brainer, however, you will be surprised by what people will do. One tenant issue can run out several other tenants and effect the landlords ability to conduct business. That aside, landlords are protective of their good tenants and will take any necessary step to ensure a quality life for all tenants. Noise is a major issue. Loud tenants may be evicted immediately. This does not mean that issues cannot be overlooked if corrected. However, just like objects in motion tend to stay in motion, loud tenants tend to remain loud tenants. Just be considerate and do not force the landlords hand. Loud tenants will always lose.

I know it sounds silly to say so, but do not threaten other tenants or be threatening in behavior. Do not cause any tenant to become uncomfortable with you. Keep the peace. Do not argue with tenants. if you have a problem with a tenant, speak to the tenant in a respectful and understanding way. If you find this difficult, then talk to the landlord. Landlords generally know how to resolve issues and level set expectations.

Do not damage the property.

Again, a no-brainer as many of these are. Do not damage the property. Simple. Notify the landlord of any tenant caused damage immediately. Accidents happen. Granted. Honesty goes a long way with landlords so let them know right away. Do not repair damages yourself. Let the landlord make the repairs. Landlords understand that accidents happen. What is appreciated is how things are handled when they do. Otherwise, damage to property by less than honorable people may end up costing the tenant. Be caureful. There are conditions that allow a landlord to collect fees greater than the repair costs. I will discuss one such case in a bit. Laws vary of course. Any reckless tenant should expect to be evicted immediately. Do not always count on a lengthy eviction process. Some state laws allow for expedited evictions under special circumstances. Landlords will not tolerate damage to property and expect tenants to respect their property, the work it took to purchase and maintain the property, and the risks involved in renting thier property. It all comes down to respect. If you respect the landlords property, you should be fine.

Notify the landlord of all defects immediately.

Notify the landlord of all defects immediately. Especially any defect that effects the property, other tenants, or landlord costs. It is one thing to have a drip in the bathroom, you should notify the landlord immediately of course, but running water, roof leaks, bad outlets, faulty appliances, and any other defect should be reported immediately. Damages caused by failing to report a defect can cost a tenant several times the repair costs or losses. Pennsylvania law specifically requires tenants to notify landlords of defects immediately. Failing to do so is not only a violation of state law, but allows landlords to seek significant damages. These cases are not generally difficult to prove in court. Cover yourself and let the landlord know of defects immediately, in writting if necessary, so that any liablility becomes the landlords.

Maintain the security of the rental and property.

It is one thing if you chose not to lock the door of your own house, however, a rental is not your house. Maintaining appropriate security measures is required. This includes locking doors, closing windows when you leave, not allowing bad people into the rental, and being careful and mindful that you are required to keep the landlords property safe. Pennsylvania state law requires this specifically. Failing to do so can cost a tenant dearly. Remember the landlord is not responsible or liable of you do not secure the property. That is your job.

Clean the residency to a normal standard.

Clean the residency to a normal standard including cleaning windows, floors, carpets, fixtures, applinaces, etc. Even fairly clean tenants forget about things such as windows and carpeting. It is not the landlords responsibility to clean up a tenants mess. It is the tenants responsibility. Most state laws require the tenant to maintain the rental property and return the rental property in as near a condition as they received it less normal wear and tear. For example, carpets wear out, however, carpets should be cleaned reasonably often. This may mean yearly. Uncleaned carpets wear out faster. Any tenant who fails to maintain a rental property is liable in court. Landlords are pushing back on tenants who do not clean the property appropriately. Why? Because cleaning is not a simple one day matter. It can take quite a few weeks and well over $1000 simply cleaning a rental of a fairly clean tenant. The chasm between what people imagine and the reality of what a landlord has to do to prepare a rental for the next tenant is vast. Landlords are pushing back on this lately simply because some tenants now seem to do as little as possible to get by. They may be busy. Granted. Our lives are all busier, even the landlords. However, expect higher standards even where standards are more laxed. Simply cleaning has become far more expensive than repairs these days and has the full and undivided attention of the landlord. Landlords are beginning to create cleaning standards that are enforceable in court. Adhere closely to any cleaning standard that might exist.

No drug or criminal activity including those commited by tenant guests.

Even with stating much of this previously, this issue requires a section all its own. Why? Because it is a real problem. So you want to spark a fatty and watch the Flintstones. So what? You invite a few friends over. So what? Landlords know all to well that even minor criminal activity even seemingly unrelated to the tenant can cause serious damage. For example, you sometimes smoke a joint on the weekends. You invite a couple of friends over. You know that some of them also smoke occasionally, however, you do not know that one of them deals pills. The police may chose your home to make the arrest. They may kick in the door and bust things up. Why? Two reasons. One, they may think you deal drugs also, and two, it may be less of a risk to make the arrest at your house. This is a very real event that happens every day. Believe it or not, landlords are watching who comes to their property and will keep in touch with the police to ensure there is no trouble. Landlords hate disruption especially those that causes them to lose tenants. Just think you may be living next door to that single Mom who wants to keep their kids from the influences of drugs. Your sparking a fatty may not be seen as a moral issue in your eyes, but will be in others and that is a problem for the landlord. Some tenants who deal drugs think it is okay if they deal away from the property and do not store drugs at the house. Nothing can be further from the truth. The police do not care. They are coming after you when they catch wind of what is going on. Landlords see this every day and will quickly evict anyone who is violating the law regardless of their own personal feelings on the matter. Why? Because they have to. It is as plain and simple as that.

Do not conduct business or other similar related activities.

Landlords hate people trying to turn their residences into opportunities to make money. Why? Because there are laws that strictly prohibit this. It is also a practical matter. Increase in foot traffic, storage of product, disturbance to the other tenants, etc. are all a major problem. It is also against the law. Rentals for residency are zoned specifically for that purpose unless otherwise stated. Mixed zones are more rare and often very specific to which parts of the property are for commercial use and specifically what types of commercial use. At home businesses are possible in respect to having a home office, however, the laws are quite clear on what specific activities are allowed and restricted. Even then, laws are more restrictive by property type such as a house versus an apartment. Short of having an office that no customer will ever visit, conducting any business in an apartment is restricted. This includes garages or similar buildings on the property. Landlords are exempted. For example, a tenant may rent a garage, but they may not run a repair business out of that garage, however, the landlord may be allowed to. Why? Because of property rights. It is possible that a landlord can run a second business on the property with permitting. Tenants do not have the same rights as property owners and therefore are restricted to residency leases except where commercial uses are allowed by zoning.

Maintain any vehicle to operational and lawful conditions including inspections, registrations, etc.

Local laws often require that any vehicle on private property is maintained to lawful conditions including inspections, registrations, operability, etc. except where sheltered such as within a garage. Landlords are often pinged by local police when a tenant fails to maintain a vehicle. It is a landlords responsibility as defined by local laws as the property owner to ensure that all vehicles are compliant, however, state laws allow a landlord to seek appropriate actions such as immediately removing any vehicle without warning. Local police often work with landlords and will speak to the tenant on behalf of the landlord. If the tenant complies, then there is often no problem. However, if the tenant fails to comply, the landlord will not take on any liability and will remove the vehicle immediately. The landlord is not liable for tenant losses as long as the tenant is given reasonable time to rectify the problem. Also consider that local authorities may remove the vehicle. Again, the landlord is not liable.

Do not modify the property.

Do not modify the property. Simple. This includes something as simple as painting. While landlords appreciate tenants who want to decorate, too many have done a poor job or used inappropriate hardware products. This means that many landlords are very nervous unless they know you well enough to feel comfortable. For some tenants reasonable decorations will be allowed of course. Simply talk to the landlord. Because landlords are nervous, they will need to trust you first. Just your say so is not enough. Landlords have heard assurances time and time again and found disasters costing huge sums to rectify. When a landlord has a good feel for a tenant, you may be surprised to find the landlord buying the paint, wallpaper, etc. Under no circumstances is a tenant to make modifications without the landlords approval. This is not usually a big issue for reasonable people. Keep in mind that tenants build walls, install doors, change windows, hang ceiling fans without properly securing them, paint rooms black, install sodium lights, etc. Landlords have seen it all. Be reasonable, talk to the landlord, show the landlord what you are thinking, do a good job, do not get wild with your ideas, and all should be fine.

Do not store rubbish or items on the property including on porches or vehicles on the property.

Landlords hate it when the police come by to talk to them. Porches and balconies are not for storage. While the definition of rubbish is a legal one, the police do not care. Trash or even non-trash items stored within view will become a problem for the landlord. Laws may restrict this specifically in some areas. For example, in some places nothing at all can be stored on a porch or balcony. This especially applies to grills or other outdoor cooking equipment. It is considered a fire hazard even if not used on the porch or balcony. Storage is enough. Fines are often very significant. As well, vehicles that do not move, regardless if they are legal, can be a problem. In one place, police often towed legal cars that do not seem to move including antique cars driven only on the weekends. Local laws may allow for this. I had a rare convertible I drove nearly every weekend towed nine times in one year from my own parking in front of my own house. Crazy Huh? From a practical matter, landlords want their property kept neat and clean for their tenants and future tenants. Reputation and patterns matter. Landlords know this and will enforce any issues that not only violate the law, but also effects their ability to conduct business.

Do not use grills or other dangerous items near the building and do not store these items in an unsafe manner.

Do not use grills or other dangerous items near the building and do not store these items in an unsafe manner. Do not store grills or other cooking items on porches or balconies. I mentioned this before, however, this does deserve a specific mention because there are often laws specifically restricting this. This includes dangerous chemicals or items. For example, do not store gasoline, propane, lighter fluid, or other flammable items next to, near, or within the rental property. As for grills or other cooking items, these cannot be stored on porches, balconies, next to, near, within the rental property, or under trees. There are laws specific to these restrictions. These are also liabilities to the landlord and tenant. While this seems overly restrictive, if you look around there are plenty of reasonable places to store these items. These laws exist because not all people are thoughtful or reasonable. Too many fires start as a result. If you are not sure where to store these items, talk to your landlord. They will want to help.

Do not dispose of prohibited chemicals or materials down drains, in the yard, on the roadway, etc.

Do not dispose of prohibited chemicals or materials down drains, in the yard, on the roadway, etc. Always dispose of such materials according to the law. This includes items such as paint thinners and other refinishing products, oil paint, fuels, etc. These items often need to be taken to a transfer station for disposal. Under no circumstances make this your landlords issue. It is not the landlords responsibility to clean up your waste or make repairs due to chemicals being dumped down the drain or in the yard or roadway. That said, the landlord may be able to help. Talk to them. They may simply take care of the problem for you.

Do not dispose of restricted waste as trash.

While this sounds identical to the line above, it is different. In this case, I am referring to items that are restricted as trash items such as mattresses, electronics, tires, etc. It does also include the items mentioned above, however, lately restrictions as to what can be included in trash removal has changed. A landlord may be responsible for trash removal, however, this does not include restricted items. This is the tenants responsibility. These items will need to be taken to a transfer station or special pick-up service used. This is an additional cost. Your landlord may be willing to help of course. Talk to your landlord. Do not make it your landlords problem especially when you move out. It will cost you serious money if you do. Because restrictions and costs have risen, more and more tenants are leaving restricted items behind for the landlord to deal with. Previously, these items were easily handled, but not anymore. Today, landlords are facing significant numbers of mattresses, tires, and electronics including televisions costing hundreds of dollars each and every time. Here and there a small cost can be handled, however, it has become common that several items are left behind raising clean-up costs significantly. Any landlord will seek repayment for these costs and these days they are seeking and getting judgments in their favor. If you have restricted items to dispose of, talk to the landlord. They may be able to help and maybe able to save you some money.

Do not damage property related to utilities or services such as television or telephone wiring.

This seems related to not damaging the property, however, this is separate simply because sometimes these items are the property of the provider or have laws governing these items as utilities and legal responsibilities as a result. Do not damage any telecommunications or utility wiring, piping, equipment, etc. A tenant may be surprised by the replacement costs.

Obey all lawful move-out processes and procedures.

While this may seem self-evident, almost no tenant follows the simple move-out processes and procedures. And yet, some laws require it. It certainly reduces the liabilities that a tenant faces when moving out. Landlords want a tenants experience to be a pleasant one even when moving out. If you are a good tenant, the landlord will want to be considered again in the future or a good reference. Landlords are often reasonable and can take some of the load off the tenant. However, for tenants that simply ignore processes and procedures and make up their own, may find trouble. Again, some laws require that tenants follow lawful policies established by the landlord and the law. It is not uncommon that a landlord takes a tenant to court simply because how they chose to move out. For example, not cleaning or leaving personal property or restricted trash items for the landlord to deal with. It is becoming a larger problem costing the landlord a lot of money. These day, even where laxed, landlords are pushing back on improper move-outs. They have to.

Do not use the residency for establishing identity, credit, obtaining loans or other services, or mail services except for approved tenants. (Fraud)

We all know that identity theft is a real problem. Granted. However, what most people do not know is that properties of all types have been used for establishing identity, credit, obtaining loans and other fraudulent activities for many decades. This is not new. My first house was previously a rental where the landlord did not care who lived there or how many people lived there, who came and went, who received mail at the address, etc. When I took possession of the house, the extent of the problem became abundantly clear. Within one month over one thousand pieces of mail arrived for various names of those who used the property for fraud. This is, not surprisingly, against the law and a real problem. It took years to clear up the problem with police constantly arriving looking for one of the fraudsters. This still happens periodically. No landlord wants the police knocking on their tenants doors. Imagine you rent a place and the police keep knocking on your door. What would you think? This is a real problem for landlords and tenants especially for the landlord that allows the property to be used to commit fraud. They may be a part of the fraud and may be charged even unknowingly.

Do not attempt to repair anything unless the landlord is unresponsive.

Do not attempt to repair anything unless the landlord is unresponsive. Always inform the landlord of defects immediately so that the landlord can make proper repairs. While this seems related to another item, it is actually looking at the same issue from the other end. Any tenant that makes a repair is liable for that repair. Some may face liabilities far greater than the repair costs. Why? Because repairs are the right and the responsibility of the landlord. Unless the landlord is unresponsive and the defect effects habitability of the rental as defined by the law, or negatively effects the property or habitability of another tenant, the tenant is restricted from making any repairs no matter how simple. Emergency repairs are an exception. For example, the shower breaks and water is spraying onto the floor. The landlord is out for the evening. The tenant can call a plumber to make the repair to limit damage. Remember that tenants are responsible for notifying the landlord of defects that effect the property, tenants habitability, or cause damage. Where the landlord is not available, it is perfectly reasonable for a tenant to call a professional to make emergency repairs. The landlord will certainly appreciate this. However, sometimes a tenant will report a defect that does not effect habitability to the landlord and does not want to wait for the landlord to make the repairs. For example, the courts often see cases where the air conditioning breaks and the tenant does not want to wait for the landlord to respond appropriately. Air conditioning is not covered under habitability. As well, repairing air conditioning can mean waiting for a professional, parts, or a new unit. This can take weeks. In these cases, the tenant will lose the case and may have to pay for expenses the landlord has already paid. In cases where habitability is concerned and a landlord is unresponsive within a responsible amount of time, and again this is defined by law or within the court and not by the tenant, the tenant may call a professional to make the repair. No tenant should make any repairs but should mitigate damage where possible such as shutting off a valve. Also remember that the tenant is required to exhaust all methods of communication. For example, a tenant leaves a message for the landlord on the home phone but does not call the landlord on his cell phone when the cell phone number is available.

Provide reasonable access to the landlord, inspectors, contractors, and anyone with lawful rights granted or assumed.

Tenants cannot restrict access to the landlord, inspectors, contractors, or anyone with lawful rights granted by the landlord or assumed from the landlord. Landlords have rights to their property and tenants cannot restrict these rights. Laws uphold the landlords rights to their property. Failing to provide access to the property is not only against the law but also a liability that may cost the tenant money. I came across this only once, however, it is a real problem in some areas. In my case, the tenant did not want anyone coming into the rental. This a big clue that the tenant is hiding something and the landlord may call the police immediately to enforce their rights to inspect the property. Restricting access is often done by drug users and dealers or anyone who is cooking methamphetamine, sex traffickers, human traffickers, etc. The landlord will be justifiably concerned that refusing lawful access is a real problem that needs immediate attention by law enforcement.

Do not use unapproved space heaters or other appliances.

Always talk to your landlord regarding space heaters and appliances not provided as a part of the rental. These items represent a huge liability for the tenant. For example, using an inappropriate space heater or even an extension chord not rated for appliances can cause a fire. Portable washing machines can easily cause water damage and place stress on existing systems such as electrical, water, and costs. For example, one new and high quality small portable washing machine caused water damage when it disconnected from the faucet and tripped the main breaker several times a day shutting off the heat and hot water to the tenants. Not knowing what the problem was for a long period, I had to baby sit the main breaker all day and night for months before finding the problem. Some laws restrict use of some items. For this reason tenants should always talk to the landlord prior to use of these items.