Tenant Screening in Pennsylvania
Legal rules, protected classes, and the screening protocol that actually predicts on-time rent
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.
This section outlines Pennsylvania-specific considerations for tenant screening, focusing on eviction risk. Adherence to state law is critical. Ignorance is not a defense. The controlling statute is the Landlord and Tenant Act of 1951 (68 P.S. § 250.101 et seq.).
Eviction Filings and Judgments: What to Look For
When reviewing a tenant's history, differentiate between an eviction filing and an eviction judgment. A filing indicates a landlord initiated proceedings. A judgment means the court ruled in the landlord's favor, ordering possession. Many filings do not result in judgments. Tenants may pay back rent, move out, or reach an agreement. Focus primarily on judgments. Multiple filings without judgments still signal potential payment issues or disputes. Consider the frequency and recency.
Pennsylvania does not have statewide "just cause" eviction protections. This means a landlord can generally terminate a lease for non-renewal without needing a specific reason, provided proper notice is given. However, retaliatory evictions are illegal. Do not evict or refuse to renew based on a tenant exercising their legal rights, such as reporting code violations.
Notice Periods: Strict Adherence Required
Pennsylvania law sets specific notice periods. For non-payment of rent, a landlord must provide a 10-day notice to quit. This is a prerequisite to filing a landlord-tenant complaint. For no-cause lease terminations (e.g., non-renewal of a month-to-month lease), a 15-day notice is required for leases of one year or less. For leases over one year, it's a 30-day notice. Incorrect notice periods will lead to dismissal of an eviction case. This wastes time and money. Always double-check your notice calculations.
Security Deposits: Know the Cap and Rules
The security deposit cap in Pennsylvania is 2.00 months' rent. This applies for the first year of tenancy. After the first year, the cap drops to 1.00 month's rent. Any amount over the 1.00 month's rent must be returned to the tenant at the end of the first year, or applied to rent. Many landlords collect two months' rent initially and forget this reduction. This is a common mistake. It can lead to disputes and legal action. Security deposits must be held in an escrow account. After two years, if the deposit exceeds $100, it must be placed in an interest-bearing account. The tenant is entitled to the interest, minus a 1% administrative fee.
County-Specific Carve-Outs and Local Ordinances
While the Landlord and Tenant Act of 1951 provides statewide guidance, several municipalities have enacted their own landlord-tenant ordinances. These can include stricter notice requirements, additional tenant protections, or specific registration mandates. Philadelphia is the most prominent example. Its Fair Housing Ordinance includes provisions beyond state law, such as a "Good Cause" requirement for lease terminations in some circumstances. Pittsburgh also has specific requirements. Always verify local ordinances for your specific property location. A common landlord mistake is assuming statewide law covers everything. It does not. Failure to comply with local ordinances can result in fines or dismissal of eviction actions. For instance, in Philadelphia, if a rental license is not current, an eviction for non-payment of rent may be dismissed.
Magisterial District Courts: The Local Venue
Eviction proceedings in Pennsylvania originate in the Magisterial District Courts. These are local courts. Procedures and judicial temperament can vary slightly between districts. Some judges are more lenient with procedural errors; others are strict. Understand your local court. Attend a few landlord-tenant hearings as an observer. This provides insight into local practices. Don't assume a prior positive outcome means future leniency. Do ensure all paperwork is precise and notices are properly served.
Recent Legislative Changes
As of recent legislative sessions (2024-2026), there is ongoing discussion and proposed legislation concerning tenant protections. Efforts have included proposals for statewide "just cause" eviction, expanded notice periods, and stricter security deposit regulations. While no major statewide overhaul has passed recently, the legislative environment is trending towards increased tenant protections. Landlords must remain informed. Monitor legislative updates. Changes could impact screening criteria and eviction processes. For example, a "right to counsel" for tenants in eviction cases has been discussed. This could lengthen proceedings and increase legal costs for landlords.
Credit History vs. Eviction History
Do not solely rely on credit scores. A high credit score does not guarantee rent payment. Many tenants prioritize other debts over rent. An eviction judgment, even if resolved, is a direct indicator of past failure to meet lease obligations. Prioritize eviction history over general credit scores. Look for patterns. One isolated eviction from years ago might be less concerning than multiple recent filings, even if dismissed.
Application Fees: What's Permissible
Pennsylvania law does not explicitly cap application fees. However, fees must be reasonable and directly related to the actual costs of screening, such as credit checks and background checks. Charging an excessive fee could be challenged as an unfair trade practice. A typical, reasonable application fee might range from $35 to $75. Do not profit from application fees. Charge only what covers your actual screening costs.
Common Landlord Mistake: Verbal Agreements
A frequent error by Pennsylvania landlords is relying on verbal agreements. For example, agreeing verbally to a payment plan for overdue rent. If the tenant defaults, proving the terms of that verbal agreement in court is difficult. Always put rent modifications, payment plans, or any other lease changes in writing. Signed agreements provide clear evidence. This protects both parties but especially the landlord in an eviction scenario.
Pennsylvania never built an eviction-sealing regime: no masking at filing, no shielding after dismissal, no petition process NLIHC ERASE Project (2025). Every magisterial district judge landlord/tenant docket stays public and permanent, and 103,290 were filed in 2024, the highest total in the published series AOPC, 2024 Caseload Statistics, MDJ Landlord/Tenant State Totals. Your report on a Pennsylvania applicant comes back fuller than in a sealing state. The constraint here is not what you can see. It is what you may do with it.
Inside city limits the Renters' Access Act requires uniform written screening criteria applied identically to every applicant, plus an individualized assessment instead of an automatic reject. The provision that catches small landlords: you may not deny based on an eviction record older than four years, or one arising from nonpayment during the COVID period Phila. Bill No. 210251 (2021), codified Phila. Code ch. 9-810. A five-year-old Municipal Court docket your vendor flags red is visible, reportable, and still not a lawful basis for denial.
Read the docket even where you may use it. In Philadelphia, 54% of court-ordered evictions came from default judgments, meaning the tenant never appeared Phila. Mayor's Task Force on Eviction Prevention, via Sheller Center for Social Justice, Temple Law (2020). Statewide, 98.0% of 2023 hearing outcomes went to the plaintiff AOPC 2023 caseload report. A judgment line proves the tenant lost, not that the tenant was at fault.
Clean Slate pulls part of Pennsylvania criminal history out of public view automatically: summary convictions after five years, most misdemeanors eligible at seven, some felonies at ten Community Legal Services of Philadelphia, My Clean Slate. Sealed cases fall out of what a consumer reporting agency can lawfully hand you. Asking an applicant to self-disclose a sealed case and then denying on the answer converts a routine rejection into a claim. If the check comes back clean, treat it as clean.
Pennsylvania has no statewide source-of-income protection, so refusing a voucher is not unlawful under state law. Municipal fair-practices ordinances vary, so confirm your jurisdiction before putting a no-voucher line in an ad. The gap is real: 105,005 vouchers were authorized statewide against 79,920 leased households at the close of 2024 HUD Picture of Subsidized Households, 2024, and HUD field researchers recorded a 67% landlord denial rate at the Philadelphia site Cunningham et al., HUD PD&R (2018).
For a borderline applicant, price the risk in the deposit rather than the denial. Pennsylvania permits two months' rent in year one, dropping to one month from year two forward 68 Pa. Stat. § 250.511a; from the start of year three you owe annual interest on escrowed amounts above $100 and may retain a 1% fee 68 Pa. Stat. § 250.511b. There is no statutory late-fee cap Landlord and Tenant Act of 1951, 68 Pa. Stat..
| 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.