Landlord Entering Without Notice in Pennsylvania: What Are My Rights?

When your landlord can come in

1. 1

   No Pennsylvania statute sets how much advance notice a landlord must give before entering a rented home. No statute lists allowed entry reasons or hours either. Many states set these rules by law; Pennsylvania does not. Cities can add entry and privacy rules that state law does not have though. Philadelphia and Pittsburgh both have their own rental codes. If you rent in a city, check your city's guide for local entry rules, as well as your lease.

   Source:

   1. Part IV.D, Quiet Enjoyment, Pennsylvania Office of Attorney General. A government guide.
2. 2

   Every Pennsylvania lease includes the right of quiet enjoyment: you may use and enjoy your home without unreasonable interference from your landlord. Courts have applied this rule since at least 1871. It protects you even if your lease never mentions it.

   Sources:

   1. Part IV.D, Quiet Enjoyment, Pennsylvania Office of Attorney General. A government guide.
   2. 69 Pa. 316, Supreme Court of Pennsylvania (Caselaw Access Project). A court decision.
3. 3

   The right has a limit: you cannot refuse every entry. You must give your landlord reasonable access to do maintenance and repairs, and to show the home to a future tenant. Refusing all access can count as breaking your lease.

   Read your lease. It is a binding contract, and in Pennsylvania it is usually the only written entry rule you have. Look for when the landlord may enter, for what reasons, and how much notice they promise. If the lease promises notice before entry, the landlord must follow that promise.

   Source:

   1. Part IV.D, Quiet Enjoyment, Pennsylvania Office of Attorney General. A government guide.
4. 4

   No Pennsylvania statute covers emergency entry either, like a fire or a burst pipe. Many leases allow it. Stopping serious damage to the home is also part of the reasonable access you must give your landlord. Check your lease for its emergency rule.

   Source:

   1. Part IV.A, Lease Terms, Pennsylvania Office of Attorney General. A government guide.

If your landlord comes in without notice

5. 5

   If your landlord enters without permission or keeps coming in, act in steps. First, tell the landlord in writing that the entries interfere with your home life, and ask for them to stop. Then give the landlord a reasonable chance to correct it. Keep a record of every entry: the date, the time, who came in, and why. Save your messages to the landlord and the replies. If you later go to court or file a complaint, this record is your proof.

   Source:

   1. Part IV.D, Quiet Enjoyment, Pennsylvania Office of Attorney General. A government guide.
6. 6

   If the landlord will not stop after your notice, you may act. Your landlord must keep the warranty of habitability (the promise to keep the home safe and fit to live in). If you move out because your landlord breaks that promise, courts may call it a constructive eviction. That means you were forced out without a court order, and it can give you legal claims against the landlord. Get legal advice before moving out. Leaving wrongly can count as breaking the lease yourself.

   Source:

   1. Part IV.D, Quiet Enjoyment, Pennsylvania Office of Attorney General. A government guide.
7. 7

   If the entries continue after your written notice, first try to file a complaint with your local housing authority to get quick action. If nothing happens, you can file a complaint with the Pennsylvania Attorney General's Bureau of Consumer Protection. File online at attorneygeneral.gov, or call 800-441-2555. The Bureau contacts the landlord and tries to work out the problem.

   Source:

   1. Part VI.C.1, Bureau of Consumer Protection, Pennsylvania Office of Attorney General. A government guide.