Off-Base Military Housing: Rights and Responsibilities in Pennsylvania

Renting off-base military housing in Pennsylvania means you are covered by both local rental laws and unique protections for servicemembers. If you’re facing rent increases, lease issues, or concerns about eviction or repairs, understanding your rights can help you stay secure in your home. This article guides you through essential laws, forms, and official resources to protect your interests as a renter in Pennsylvania.

Who is Covered: Off-Base Military Housing in Pennsylvania

When you rent a home or apartment off-base (not on government military grounds), you are protected by Pennsylvania landlord-tenant laws. You may also have added protections under federal laws specific to servicemembers and their families.

• Applicable to active duty personnel, National Guard, reservists, and their families renting in the private market.
• Military housing agencies sometimes help with relocation or mediation but do not control private leases.
• Leases, security deposits, eviction rules, and repair obligations follow Pennsylvania's Landlord and Tenant Act¹.

Key Rights and Protections for Military Renters

Military renters benefit from all regular Pennsylvania tenant rights, plus special protections under the federal Servicemembers Civil Relief Act (SCRA).

• Eviction Protection: Active duty renters can pause or contest certain evictions for 90 days if in military service.
• Lease Termination: If you receive orders to deploy or relocate, you may break your lease early under SCRA rules.
• Security Deposits and Repairs: Same protections as all Pennsylvania renters regarding how much can be charged, how repairs must be handled, and return of deposit.
• Rent Increases: Landlords must follow the lease and state rules for notice of any rent increase.

Official Tribunal for Rental Disputes

If you have a dispute with your landlord (for example, about eviction, withheld deposit, or repairs), cases are typically handled by the Pennsylvania Magisterial District Court system² for small claims and rental matters.

Relevant Official Forms for Pennsylvania Military Renters

• Landlord-Tenant Complaint (AOPC 310A):
  Use this to file an official dispute against your landlord (e.g., if evicted without cause or repairs aren’t performed).
  Landlord-Tenant Complaint Form (AOPC 310A). Download, fill out, and file at your local Magisterial District Court.
• Notice of Lease Termination due to Military Orders:
  No standard Pennsylvania state form, but written notice with orders attached is required for SCRA protection. See the Department of Justice SCRA guidance.

How to Break a Lease Due to Military Activation or PCSing

If your orders require you to move (PCS), federal law lets you end your off-base Pennsylvania lease early without penalty. Provide your landlord:

• Written notice of the termination date (generally at least 30 days after next rent due date)
• A copy of your official military orders

Common Issues in Off-Base Military Rentals

• Repairs and Maintenance: Landlords must fix essential services (heat, water, etc.). You can file a complaint at your local court if repairs aren’t made.
• Security Deposit Returns: Must be returned within 30 days after you move out, minus lawful deductions. Request in writing if not received.
• Eviction: Landlords need a valid court order. You have a right to a hearing and, if on active duty, extra time under SCRA.

For detailed steps about how to file an official complaint or respond to a notice, read below or contact one of the resources listed at the end of this article.

Frequently Asked Questions

1. What happens if I need to move for deployment or new orders?
   Under the SCRA, you can end your lease early without penalty by notifying your landlord in writing and including a copy of your orders. The lease usually terminates 30 days after the next rent payment is due.
2. Can my landlord evict me while I am in military service?
   Landlords must get a court order to evict. If you are on active duty, the court may pause/“stay” the eviction for up to 90 days under federal law.
3. What can I do if my landlord doesn’t return my security deposit?
   You can demand your deposit in writing and, if unpaid after 30 days, file a Landlord-Tenant Complaint at your local Magisterial District Court.
4. Does Pennsylvania set the amount of security deposit for military renters?
   All renters, including military families, are covered by the state maximum: no more than two months’ rent for the first year.
5. Do I need a special form to use my SCRA protections in Pennsylvania?
   No specific state form. Submit a written notice to your landlord, attach a copy of your orders, and keep proof of delivery.

Conclusion: Key Takeaways for Off-Base Military Renters in Pennsylvania

• Military renters have both federal and state protections, especially regarding eviction and early lease termination.
• All standard Pennsylvania tenant rights apply, and local courts handle disputes.
• If in doubt, use official forms, give written notice, and reach out to specialized resources for guidance.

Keeping good records and knowing your rights can help you protect your family and your housing.

Need Help? Resources for Renters

• Pennsylvania Department of General Services, Bureau of Real Estate: For information on rental rights
• U.S. Department of Justice: Servicemembers Civil Relief Act (SCRA)
• Pennsylvania Magisterial District Courts: To locate your local court and file forms
• Pennsylvania Office of Attorney General: Renters' Rights
• PA Law Help: Military Service Members' Housing Rights

---

1. Pennsylvania Landlord and Tenant Act, Title 68 Pa.C.S. §§250.101 et seq.
2. Pennsylvania Magisterial District Courts

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations