When a prospective tenant is meeting with a prospective landlord or rental agency to discuss renting a home or apartment, it is likely that he or she will be asked to sign a written lease. A written lease should include:

• Names and addresses of you and your landlord (the person who owns the property or their agent)
• Length of time of the lease
• Rent amount and payment terms
• Amount of security deposit
• Renewal terms
• Notice required to end lease
• Person responsible for paying utility bills and other expenses
• Your duties and the landlord's duties in relation to the property, such as for repairs.

It is very important that the tenant read and understand the lease completely BEFORE signing. A tenant should not sign it unless he or she agrees with all the provisions in the written lease, because once it is signed, it becomes an enforceable contract. If possible, tenants should avoid signing a lease containing a "confession of judgment" clause, as an agreement to this provision may result in a judgment being entered against tenants without notice if a breach of the lease occurs.

BECOMING A TENANT

A person becomes a tenant when they agree to pay rent to a landlord for an apartment or house. The agreement with the landlord can be either written or verbal.

It is also very important for a prospective tenant to personally inspect the premises in the condition that they will be taking possession of them, as a verbal promise by the landlord to clean, repair, or do other things may not be effective, and may ultimately lead to a dispute as to the condition of the premises at the outset, when the term of the lease is over.

IS A VERBAL LEASE AGREEMENT EFFECTIVE?

Yes. It is valid in Pennsylvania if it is a typical residential lease and is for less than a three-year term. Verbal leases are usually for one year or on a month-to-month basis. However, even though oral leases between landlords and tenants are legal where the term is less than three years, it is always better to have a lease in writing, because if a disagreement occurs, it may be a question of your word against the landlord's. Tenants usually lose those disputes. If a lease is for a period of more than three years, it must be in writing to be legally enforceable.

WHAT IS A SECURITY DEPOSIT?

A security deposit is a sum of money a tenant gives to the landlord, usually before the tenant moves in, to protect the rented property from any damages that may occur during the time of occupancy. If there has been no damage to the property when the tenant gives notice that he or she is moving out, the entire deposit should be returned. If there has been damage to the property, the cost of the damages will be subtracted from the deposit and the remainder, if any, returned to the tenant. It cannot be used as the tenant's final rent or other rent past due, unless the landlord specifically agrees to use the security deposit for that purpose.

CAN A SECURITY DEPOSIT BE REQUIRED?

Yes. A landlord has the option of requiring a security deposit. During the first year of a lease, the deposit cannot exceed two month's rent. During the second and subsequent years, it cannot exceed one month's rent. During the third and subsequent years, the landlord must deposit all sums over $100 in an interest-bearing escrow savings account. The landlord may charge 1 percent for his expenses, and the rest of the interest money goes to the tenant when the security deposit is returned.

WILL I GET MY SECURITY DEPOSIT BACK?

When the tenancy ends, the tenant should write a letter to the landlord asking for the return of the security deposit as well as to let him/her know the date the tenant is moving and the forwarding address. The tenant should keep a copy of this letter. Within 30 days after the tenant moves, the landlord must either return the entire deposit plus any interest due or send the tenant an itemized list of the cost of damages deducted from the deposit and return the balance to the tenant.

If the landlord does not provide a list or does not return the security deposit within 30 days, the tenant may file suit with the local district justice for double the amount of the deposit, if there are no damages to the property. If the tenant receives a list of damages and thinks the list is wrong, he or she may also sue. For more information of filing suit before a district justice, contact the local district justice office in which the property is located or contact a lawyer.

ARE THERE ANY RESTRICTIONS ON RENT INCREASES?

A landlord may increase the amount of rent at the expiration of the term of the lease. While the amount of notice required is not specified by the law, the landlord should give a tenant 30 days notice of any increase in rent.

WHAT CAN I DO IF MY LANDLORD WON'T MAKE REPAIRS?

Most written leases provide that the tenant, not the landlord, is obligated to make ordinary repairs. If there is a written lease, read it carefully. If it states that the tenant is responsible for ordinary repairs, it may not be possible to require the landlord to take care of or pay for needed small repairs, unless they make the property unsafe or unfit for habitation. Consult the Blue pages of the local telephone directory for agencies that can assist tenants when the rental property is unsafe or unfit for habitation.

If the lease is verbal month-to-month, and the rental property needs repair or is unsafe, the tenant should notify the landlord. If the landlord does not make the repairs within a reasonable amount of time, you should notify the local health department or building inspector and consult an attorney to discuss what action a tenant can legally take. A tenant must be sure to keep written records of all contacts with the landlord regarding repairs needed or made by either the tenant or the landlord and always proceed carefully if there are problems with repairs. It is always advisable to talk to an attorney for advice prior to taking any action such as withholding rent or moving out.

CAN I BREAK A LEASE?

If the lease is a verbal, month-to-month, a tenant may return the rented property to the landlord at the end of any month. The tenant should, however, give the landlord at least 30 days notice of an intended move.

If the lease is written, the lease itself usually states the amount of notice a tenant must give the landlord before leaving. If a tenant moves out before the lease expires or without proper notice, they may be legally liable for paying the remaining rent due under the entire term of your lease, or for whatever damages are set forth in the written lease.

If a tenant does wish to end a lease without giving the proper notice, it is always advisable to talk with the landlord or his/her agent to try to reach an understanding which will be agreeable to both landlord and tenant. Otherwise, a tenant should discuss the matter with an attorney before breaking a lease or violating the terms of it.

CAN I BE EVICTED?

Your landlord can evict a tenant if:

1. The tenant breaches or violates any term or condition of the written or verbal lease, such as by failing to pay rent;

2. the term of the written lease or verbal lease has ended;

3. or the written lease has "automatic notice" provisions which allow the landlord to terminate it regardless of any breach or violation of the lease.

The landlord must notify a tenant in writing that they must have to move out by a certain date. Generally, for non-payment of rent, 30 days notice must be given if the eviction occurs from Sept. 1 through March 31, and 15 days notice must be given if the eviction occurs from April 1 Through Sept. 30. If the eviction is for a reason other than non-payment of rent, the landlord must give 30 days notice for a month-to-month lease and 90 days notice for a one-year lease. However, if a written lease provides for longer or shorter notices, the period in the written lease applies.

DO I HAVE TO PAY RENT IF I RECEIVE AN EVICTION NOTICE?

Probably. In general, as long as a tenant remains in the apartment or house, they must pay rent to the landlord, even if you have received an eviction notice.

WHAT IS THE LEGAL PROCEDURE FOR AN EVICTION NOTICE?

If the landlord has given the required amount of notice of eviction, and the tenant does not vacate the premises within that time, the landlord may file a complaint with the local district justice, seeking possession of the property and any past due rent or money damages. The district justice will set a date for a hearing, and send a notice of the hearing to both the tenant and the landlord.

At the hearing, both the tenant and your landlord will have the opportunity to present witnesses and evidence. It is always advisable to have an attorney present to represent parties at the hearing. The district justice will then decide if the tenant is to be evicted or pay any money to the landlord. If the tenant does not appear at the hearing, judgement for eviction and other claims will be entered against him or her.

WHAT IF I HAVE A CLAIM AGAINST THE LANDLORD?

If a tenant has a claim against the landlord, they should file it with the district justice before the date of the eviction hearing. The tenant's claim and the landlord's will be decided at the same hearing.

WHAT CAN I DO IF A JUDGEMENT IS ENTERED IN FAVOR OF THE LANDLORD?

A tenant has 30 days to file an appeal with the Common Pleas Court. Even though an appeal may be filed, a tenant will have to post a bond to stop the eviction proceedings. A bond is not required, however, if the tenant's appeal is only to contest the judgement for rent due or money for damages, and is not contesting the eviction. In the event an appeal is to be filed, tenants should seek legal counsel to represent themselves in Common Pleas Court.

CAN THE LANDLORD APPEAL?

If the district justice enters judgement in the tenant's favor, the landlord can also appeal within 30 days to the Common Pleas Court. In any case appealed to Common Pleas Court, an entirely new hearing will be held by that court before a decision is made.

CAN I STOP AN EVICTION?

A tenant may be able to stop the eviction by paying all back rent due. If the reason for eviction is the expiration of the term of the lease, the landlord is generally entitled to take back possession of the leased premises unless terms for renewal of the lease are agreed on by the tenant and the landlord.