Legal rules, protected classes, and the screening protocol that actually predicts on-time rent
This guide addresses tenant screening protocols in Pennsylvania, specifically for landlords managing 1-20 units. Understanding state-specific regulations is not optional. Incorrect screening or application of the law can lead to significant financial penalties and legal complications. Your focus must be on compliance.
Pennsylvania’s posture on landlord-tenant relations carries distinct characteristics. Unlike some states with broad “just cause” eviction requirements, Pennsylvania does not have a statewide just-cause eviction mandate. This provides landlords with more flexibility in certain situations, but it also places a greater onus on proper procedure for permissible evictions and tenant screening. The controlling statute is the 68 P.S. § 250.101 et seq., known as the Landlord and Tenant Act of 1951. This act governs the foundational aspects of your rental agreements and eviction processes.
Key regulators for landlords in Pennsylvania primarily include the court system—Magisterial District Courts for initial eviction proceedings and civil disputes—and, indirectly, the Pennsylvania Human Relations Commission (PHRC) for fair housing enforcement. While the PHRC doesn't directly regulate screening criteria, their enforcement of anti-discrimination laws directly impacts what you can and cannot consider during the screening process. Local ordinances also play a significant role. Some municipalities in Pennsylvania have enacted their own landlord-tenant regulations that can add layers of complexity beyond state law. Always check local ordinances in your specific jurisdiction.
For a landlord with 1-20 units, the practical bottom line is straightforward: precision is non-negotiable. Sloppy screening practices expose you to risk. Your application process, background checks, and decision-making must align with Pennsylvania law. This means understanding specific notice periods, security deposit limits, and prohibited discriminatory actions. Don't rely on general knowledge from other states. Pennsylvania has its own rules.
Consider the security deposit cap. In Pennsylvania, you cannot charge more than 2.00 months' rent for a security deposit. This is a hard cap. For example, if your monthly rent is $1,000, your maximum security deposit is $2,000. Any amount over this is illegal and can result in penalties, including the tenant being able to recover double the amount wrongfully withheld or charged. This is not a suggestion; it's a legal limit.
Notice periods are another critical area. For non-payment of rent, Pennsylvania law requires a 10-day notice to quit. If you attempt to file for eviction before this 10-day period expires, your case will likely be dismissed. For no-cause evictions (typically at the end of a lease term where there is no renewal), a 15-day notice is required for leases of one year or less. For leases longer than one year, a 30-day notice is required. These are minimums. Failure to provide proper notice is a common landlord mistake that delays eviction proceedings and incurs additional legal fees.
Here’s a common landlord mistake: don't deny an applicant based on a vague "gut feeling" or a protected characteristic. Do base your denial on objective, documented criteria that are applied consistently to all applicants. For example, denying an applicant solely because they have children (a protected familial status under fair housing laws) is illegal. Denying an applicant because their credit score falls below your pre-established, objective threshold of 600, provided that threshold is applied uniformly, is permissible. Your screening criteria must be clear, written, and applied without prejudice. This means no "don't rent to people with X kind of job" unless that job directly impacts their ability to pay rent, and even then, be cautious.
As of recent legislative sessions, Pennsylvania lawmakers have considered various changes to landlord-tenant law, particularly concerning eviction procedures and tenant protections. While a comprehensive "just cause" eviction law has not passed statewide, discussions frequently revolve around expanding tenant rights regarding lease renewals, limiting reasons for eviction, and increasing notice periods. Some proposals have also focused on sealing eviction records after a certain period, which could impact the availability and use of past eviction data in screening. Stay informed on these legislative developments, as even minor changes can significantly alter your operational protocols. Always verify the current status of any proposed legislation as it can affect future screening practices.
Your screening process must be defensible. This means documented criteria, consistent application, and adherence to all state and local laws. This guide aims to provide you with the practical knowledge to achieve that.
| Fair housing enforcement agency | Pennsylvania Human Relations Commission | |
| Source-of-income protected? | Not at state level (local ordinances may apply) | 68 P.S. § 250.101 et seq. (Landlord and Tenant Act of 1951) |
| Federal Fair Housing Act | Applies in every state, prohibits discrimination on race, color, national origin, religion, sex, familial status, disability. | |
Works in every state. Focuses on factors that actually predict on-time rent payment, not on surrogates that create legal exposure.
Pay stubs, tax returns, or bank statements, not just a self-reported number. Voucher income counts at face value.
Call two landlords back, not just the current one (incentive to give a glowing review to get them out).
Write down your criteria before you list the unit. Score every applicant the same way. Keep records for 2+ years.
A 620 FICO with 5 years of on-time rent beats a 720 FICO with a recent eviction. Look at the full picture.
Required under the federal FCRA whenever a consumer report contributes. Protects you legally and builds goodwill.
Depends on the city. Pennsylvania has no statewide source-of-income protection. In Philadelphia: no, source-of-income discrimination is prohibited under the Philadelphia Fair Housing Ordinance. In Pittsburgh: no, parallel ordinance applies. Everywhere else in Pennsylvania: yes, categorical Section 8 refusal is legal. Allentown, Erie, Reading, Scranton, Lancaster, Harrisburg, and all suburbs and rural counties operate without source-of-income protection.
No statewide cap. Typical Pennsylvania application fees run $25 to $75 per applicant. Philadelphia and Pittsburgh have disclosure requirements; elsewhere in Pennsylvania no disclosure is statutorily required, though commercial property-management practice typically discloses. The fee should reflect actual screening costs as a matter of best practice.
Only after a conditional offer. The Philadelphia Fair Chance Housing Ordinance restricts criminal-history inquiry. Philadelphia landlords may not inquire about criminal history during initial screening; criminal-history considerations are deferred to after a conditional offer of housing has been made. Most non-violent or older convictions may not serve as grounds for denial. Pittsburgh has a parallel framework. Other Pennsylvania jurisdictions permit criminal-history inquiry at any stage subject only to federal HUD disparate-impact guidance.
Race, color, national origin, religion, sex, disability, and familial status are protected statewide under the federal Fair Housing Act. The Pennsylvania Human Relations Act adds state-level protection in those categories. Source of income, sexual orientation, gender identity, and criminal history are not protected at the state level, though Philadelphia and Pittsburgh ordinances extend protection in their jurisdictions. Federal HUD disparate-impact guidance applies to all Pennsylvania landlord-tenant screening decisions.
Yes. Pennsylvania does not have a statutory prohibition on denying based on prior Court of Common Pleas eviction filings (no equivalent to NY's RPL § 227-f). Eviction-record screening is widely used. Pennsylvania does not provide for eviction-record sealing in the way Illinois does, so prior filings remain visible in commercial tenant screening reports. The practical recommendation: distinguish between filings (which may include dismissals or settled cases) and money judgments for unpaid rent; deny only on the money-judgment outcomes.
Informational only, not legal advice. Consult a licensed Pennsylvania attorney. Source attribution in the Sources band below.
