Under Pennsylvania law, a real estate lease is subject to a transfer tax if the lease is for a term of thirty or more years. It is reasoned that long-term leases are analogous to transferring title to real estate and therefore, a transfer tax should apply.
Most often, long-term apartment leases are one year, but more and more properties are discovering the benefits of offering leases of 13, 15, and even 24 months.
A short team lease is generally three to six months, unless it goes month-to-month. The duration can vary depending on the landlord and tenant, but it is less than six months. Anything longer than six to 12 months is considered a long-term lease.
Leasehold is usually granted for at least 21 years and can last as long as 999 years. Renting residential property is usually on a short-term basis through a contract called an assured shorthold tenancy (AST). This typically lasts around a year.
The amount of notice required depends on the length of the lease. Notice Required to Terminate a Month to Month Tenancy: 15 days (68 P.S. §§ 250.501(b)). Notice Required to Terminate A Fixed Term Tenancy of a Year of More: 30 days (68 P.S. §§ 250.501(b)).
Lease Renewals For a fixed-term lease, the landlord must provide proper notice of non-renewal based on the lease term: 1 year or more lease: 3 months notice. 6 months to 1 year lease: 1.5 months notice. 1 month to 6 month lease: 1 month notice.
A Pennsylvania month-to-month rental agreement is a lease that can be canceled upon written 30-day notice from the landlord or tenant. Otherwise, the agreement continues indefinitely. The landlord is able to change the terms of the lease by providing notice within the required period.
For tenants opting for a month-to-month living situation, Pennsylvania law provides a degree of flexibility that many find appealing. However, it's important that tenants understand that their rights to a habitable living environment and fair treatment remain intact under these no-lease agreements.
The notice period will depend on the tenancy or agreement, but it's usually at least 4 weeks.
The following are examples of defects covered by the Implied Warranty of Habitability: Lack of hot and/or cold running water. Defunct sewage system. No ability to secure the leased premises with locks (doors, windows) • Lack of adequate heat in winter • Insect or rodent infestation.