Challenging Illegal Rental Fees in Pennsylvania

If you rent a home or apartment in Pennsylvania, understanding your rights around fees is vital. Landlords are allowed to charge certain fees, but others may be illegal under state law. If you see suspicious or unexpected fees on your rent bill, this guide explains what counts as an illegal fee and how you can challenge these charges, protecting your rights as a Pennsylvania tenant.

What Fees Can Landlords Legally Charge in Pennsylvania?

Under Pennsylvania law, landlords can require rent, a security deposit, and certain specified costs such as late fees (if stated in the lease). However, not all extra charges are allowed. Pennsylvania does not have a statewide rent board, but tenancy laws are set out in the Pennsylvania Landlord and Tenant Act (68 P.S. § 250.101 et seq.)^[1].

• Security deposits must follow strict rules on amount and return.
• Nonrefundable fees (such as administrative or move-in fees) may not be permitted if not clearly stated in your lease and not allowed by law.
• Illegal fees could include excessive late charges, maintenance fees that are the landlord’s responsibility, or charges not outlined in your lease.

Always check your signed lease agreement and compare it to any fees listed on your monthly rent bill.

How to Recognize an Illegal Fee

An illegal rental fee is any charge that is:

• Not listed in your signed lease agreement
• Not permitted by Pennsylvania law or municipal ordinances
• Significantly larger than allowed by law (e.g., security deposits above the maximum)

Steps to Challenge Illegal Fees in Pennsylvania

Here’s a step-by-step method for renters to challenge an unjust charge or suspicious fee:

1. Confirm the Fee’s Legality

• Read your lease and highlight questionable charges.
• Check Pennsylvania’s landlord-tenant laws, especially the Landlord and Tenant Act.

2. Request Written Explanation from Your Landlord

• Send a polite, written request asking the landlord to explain and justify the fee.
• Ask for a copy of the relevant lease section or law that allows the charge.

3. Dispute the Fee in Writing

• If the landlord does not respond, or if the justification seems invalid, reply with a written objection.
• State why you believe the fee is illegal under Pennsylvania law. Keep records of all correspondence.

4. File a Complaint or Take Legal Action

• If your landlord refuses to remove the fee, you can file a complaint with your local Magisterial District Court (the tribunal handling landlord-tenant disputes in Pennsylvania).
• Consider seeking legal assistance or mediation before formal action.

Relevant Forms and How to Use Them

• Landlord and Tenant Complaint (AOPC Form 310A): This is the official form to file a dispute about illegal fees or other landlord-tenant concerns at your local court. Complete the form with details of the fee dispute and bring it to your Magisterial District Judge’s office. Find the complaint form and instructions here.
• Request for Return of Security Deposit (No specific statewide form): If your complaint is a security deposit issue, document your request in writing. There is no official state form, so a detailed letter suffices. Template letters available from Pennsylvania Office of Attorney General.

Keep copies of every document and letter you send. This record is important if you need to go to court or mediation.

Common Questions About Pennsylvania Rent Fees

1. Can a landlord charge me for maintenance that isn’t my fault?
   Landlords are responsible for repairs due to normal wear-and-tear. They can only charge you if the damage was caused by your actions or negligence.
2. Is there a limit to late fees?
   Pennsylvania law does not set a specific statewide limit on late fees, but they must be reasonable and outlined in your lease.
3. Can my landlord keep my security deposit to cover an illegal fee?
   No. Security deposits can only be kept for unpaid rent, damage (beyond normal wear), or as otherwise legally permitted.
4. What should I do if my landlord won’t remove an illegal fee?
   Document your communication, then file a complaint with your local Magisterial District Court. Bring all supporting documents.
5. Where can I get official help if I can’t resolve this with my landlord?
   Contact the Magisterial District Court or the Pennsylvania Office of Attorney General for assistance regarding illegal fees or disputes.

Key Takeaways for Renters

• Carefully review any extra fee on your rent statement—compare it to your lease and state law.
• Always communicate in writing and keep copies for your records.
• Pennsylvania renters can dispute illegal fees by contacting their local Magisterial District Court for formal resolution.

Pennsylvania law protects renters from most surprise charges. Trust your instincts if something looks wrong—clear, written communication is your best first step.

Need Help? Resources for Renters

• Find Your Local Magisterial District Court – Handles all landlord-tenant complaints in Pennsylvania.
• Pennsylvania Office of Attorney General – Landlord/Tenant Complaint Resources
• Pennsylvania Landlord and Tenant Act (full text)
• Pennsylvania Legal Aid Network – Free or low-cost legal help for renters.

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1. See the Pennsylvania Landlord and Tenant Act (68 P.S. § 250.101 et seq.).
2. Official landlord-tenant complaint forms: PA Courts – Public Forms.
3. Tribunal for residential tenancy disputes: Magisterial District Courts.
4. Landlord/tenant advocacy: Pennsylvania Legal Aid Network.

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