Landlords in Pennsylvania must conduct thorough tenant screenings, including criminal background checks. Application fees are limited to $50.
Permitting, Zoning, or Statutory Basis
Tenant Screening Requirements
Under Pennsylvania law, landlords are required to conduct a thorough background check on tenants before renting. This includes checking for criminal records, credit scores, and employment history. Landlords must also verify the tenant’s identity and proof of income (68 P.S. § 250.103). Landlords cannot discriminate against tenants based on race, color, national origin, religion, sex, familial status, or disability (68 P.S. § 250.104).
Application Fee Limits
Pennsylvania law limits the amount landlords can charge for application fees. The maximum allowable fee is $50 (68 P.S. § 250.103). This fee can be used to cover the landlord’s costs associated with processing the application and conducting background checks.
Lease Clauses, Notice Periods, and Timing Requirements
Application Fee Clause
Landlords must include a clause in their lease agreement that outlines the application fee. The clause should specify that the fee is non-refundable and that it will be used to cover the landlord’s costs associated with processing the application. Landlords must also state that they will not discriminate against tenants based on their inability to pay the application fee (68 P.S. § 250.103).
Notice Periods
Landlords must provide tenants with a notice period before eviction. The notice period is 30 days for non-payment of rent and 60 days for breach of lease terms (68 P.S. § 250.501). Landlords must provide tenants with a written notice of eviction and give them the opportunity to cure the violation within the notice period.
Defensible Record-Keeping & Compliance Checklist
Tenant Screening Records
Landlords must maintain records of all tenant screenings, including criminal background checks, credit scores, and employment history. These records must be kept for at least three years (68 P.S. § 250.103). Landlords must also maintain a copy of the tenant’s lease agreement and any correspondence with the tenant.
Application Fee Records
Landlords must maintain records of all application fees, including the amount charged and the date it was paid. These records must be kept for at least three years (68 P.S. § 250.103). Landlords must also maintain a copy of the lease agreement and any correspondence with the tenant.
Compliance Checklist
- Conduct thorough tenant screenings, including criminal background checks.
- Include a clause in the lease agreement that outlines the application fee and states that it is non-refundable.
- Provide tenants with a notice period before eviction.
- Maintain records of all tenant screenings and application fees for at least three years.
- Do not discriminate against tenants based on their inability to pay the application fee.
By following these guidelines, landlords in Pennsylvania can ensure that they are complying with state law and protecting their rights as property owners.