Tenants in Philadelphia have a right to universal screening criteria before they apply, a written explanation for any rejections they receive, and reconsideration if they are rejected.
If the landlord used any reports (like credit report or tenant screenings), ask for copies.
Carefully read the notice of rejection.
If the landlord did not send an explanation, you may ask why your application was rejected.
Look out for prohibited screening criteria like a policy of never renting to people with an eviction record or a credit score below a certain number.
Within seven days of getting the notice of rejection, give the landlord additional documentation. This may include:
Proof that you can afford the rent (pay stubs, a voucher, etc.)
Letters of recommendation
Explanations or proof of why problems that happened in the past will not come up again
If your landlord’s reason for rejecting you was not listed in the screening criteria or is prohibited, highlight the law that prohibits it
I found a place to rent. What happens now?
Before you apply, the landlord must give you a list of written screening criteria explaining what information they use to approve or deny applications. The list must be the same for all applicants.
After you apply, the landlord must review your rental application and cannot automatically deny you because of your credit score or eviction record.
If you have an eviction record, the landlord cannot deny your application due to the eviction, if:
The case was withdrawn, dismissed or you won the case.
The case resulted in a judgment that has been satisfied or vacated.
The case resulted in a judgment by agreement that is current or has been satisfied or vacated.
The case filing or resulting judgment is more than 4 years old.
The case was filed March 2020 through September 2021 (COVID-19 Emergency Period), unless the landlord claimed violent or criminal activity.
The landlord still denied my application. What can I do?
If the landlord did not give you written screening criteria or a written denial, the Philadelphia Commission on Human Relations may investigate the landlord for fair housing violations.
If the landlord violated any part of this ordinance, you may file a lawsuit against the landlord in court for up to $2000 per violation. See our article about how to sue a landlord.
Tenants may speak to a live housing counselor at the Tenant Union Representative Network (TURN) for:
Free legal information
Referral for legal advice and representation
If no one is available to take your call, we will do our best to return your call within 2-3 business days. We receive more calls than we can answer at the moment, so please review PhillyTenant.org for legal information, links and templates for your use.
What are Good Cause eviction protections in Philadelphia?
For leases less than one year, such as a month-to-month lease, your landlord must give you thirty (30) days written notice stating a Good Cause reason to end your lease.
For leases of one year or more, your landlord must give at least (10) days written notice and is not required to state a Good Cause reason to end your lease.
For subsidized housing leases, it is likely that you have Good Cause protections. Find your subsidy program to learn more.
What are some examples of Good Cause?
Breach a lease term such as repeatedly late on rent;
Cause damage to the unit or refuse access for repairs;
Refuse to sign a new written lease with changes including a reasonable rent increase with some exceptions;
The owner or owner’s immediate family wants to move into the unit;
The owner is renovating the unit with some exceptions.
What if my landlord ends my lease without Good Cause?
Challenge it. If your landlord sends you a Lease Termination Notice or a Notice to Quit without a Good Cause reason and your lease term is currently less than one year, you have the right to file a compliant with the Fair Housing Commission. You must file within fifteen (15) business days of getting the lease termination notice from your landlord.
Defend yourself. If your landlord files an eviction in Municipal Court before you are able to file a complaint with the Fair Housing Commission, then you must attend your court hearing and raise Good Cause as a defense.
Get legal help. If your landlord files an eviction in Municipal Court and you have low income, you may be eligible for free legal help.
Call City Council. While the law doesn’t apply to leases that are a year or longer, you can ask your Councilmember to pass a bill that would extend Good Cause protections to all leases. Look up your city council member.
Call 215-686-6652 or 215-686-6653 to get assistance filing online or to schedule an appointment to file the Appeal and IFP in person at City Hall Room 296.
If you want to stop an eviction during the appeal, you must pay your rent each month to the court. If you are low-income, you may pay 1/3 of your rent at the time you file the appeal and then pay the remaining 2/3 within 20 days.
If you are not low-income, you must pay 3 months of rent to the court when you file the appeal or the amount of the Municipal Court judgment for rent.
Initial rent payments can be made online when filing the appeal. Ongoing rent payments should be made at City Hall Room 296.
Serve the court papers.
You must serve your landlord by personal service.
Private Server Have someone over 21 who is not a family member deliver the stamped court papers to the landlord and then fill out an Affidavit of Service. The court can give you the Affidavit. File the completed Affidavit in City Hall Room 296 or online.
Sheriff Server If you filed an IFP and it was granted, you can take the stamped court papers to the Sheriff at 100 S Broad St, 5th Fl for service free of charge.
If your landlord is out-of-state, you may serve the landlord by certified mail.
Send the stamped court papers and IFP to the landlord by certified mail, return receipt requested (approximately $8).
What should I expect after I file an appeal?
Review the Case Management Order
When you file your appeal, the court will give you a case management order.
Put the dates of your Settlement Conference and Trial in your calendar.
Complaint.
After getting served, your landlord has 20 calendar days to file a Complaint.
Answer to Complaint.
After your landlord serves you with the Complaint, you have 20 calendar days to file an Answer in City Hall Room 296. Your Answer should respond to each of your landlord’s claims against you. You must also mail the Answer to the landlord or landlord’s attorney.
Settlement Conference.
You will have the opportunity to negotiate a Settlement Agreement with the landlord.
Settlement agreements are final and cannot be changed. If you do not agree with the terms of agreement, do not sign anything!
Trial.
If you do not reach an agreement during the settlement conference, you will have a Trial in front of a judge. Bring all your documents and witnesses.
Comments Off on How do I apply for subsidized housing?
What are the main types of subsidized housing?
HUD Project-Based Housing (rent based on your income)
Low Income Housing Tax Credit Housing (rent based on Philadelphia median income)
Public Housing (rent based on your income)
Section 8 Housing Choice Voucher Program (rent based on your income)
How can I apply for HUD Project-Based or Low Income Housing Tax Credit Housing?
For a list of housing developments, go to PAHousingSearch and select county and preferred bedroom size. You can also search for project-based or LIHTC developments on the HUD Resource Locator Map.
Call each housing development or go in person to find out if the development is accepting applications.
Submit an application and follow up at least once per year to update your application and confirm that you are still on the waitlist.
How can I apply for Public Housing?
The waitlist for conventional Philadelphia Housing Authority (PHA) public housing is closed.
The waitlist for PHA public housing for seniors and people with disabilities is open.
The waitlists for non-PHA public housing are open.
You can apply:
By Phone: Call PHA at 215-684-4000
In Person: Go to PHA Admissions at 2013 Ridge Ave (near Ridge and Master Streets)
Comments Off on How do I get my security deposit back?
How do I get my security deposit back?
You can only request your full security deposit after you move out.
Before you move out
Send landlord a letter with the date that you are moving. Most leases require at least 30 day notice before leaving. For more information about moving out, visit I’m moving out. What steps should I take?
Leave the unit as clean as possible.
Take pictures of each room.
Do a walkthrough with the landlord, if possible.
After you move out
Return the keys to the landlord in person or by certified mail.
Send landlord a Security Deposit Request Letter (download sample). Keep a copy.
Your landlord has 30 days to respond to your request in writing.
If you disagree with your landlord’s response, you can sue for the amount of your security deposit.
If your landlord does not respond at all, you can sue for two times the amount of your security deposit.
How do I sue for my security deposit?
Be careful! Before you sue your landlord, be sure that you do not owe for rent or damages higher than your security deposit. Here is the process:
Go to Municipal Court at 1339 Chestnut Street, 10th floor.
Ask to File a Small Claims Complaint. State how much money you are claiming. Include exhibits such as the lease and request letter.
Ask to File a Petition to Proceed In Forma Pauperis (IFP). If the IFP is granted, you will not have to pay filing fees. Download sample.
Comments Off on I want to move out. What steps should I take?
How do I tell the landlord that I’m moving at the end of the lease term?
Most leases require that you give the landlord advance notice in writing before moving out at the end of the lease term.
If your lease is written, review your lease to determine the amount of notice you must give. It is often 30 or 60 day notice.
If your lease is oral, the amount of notice is whatever you and your landlord have agreed upon. It is best to give at least 30 day notice with oral leases.
Send the landlord a letter giving notice that you will be moving. Be sure to sign and date and keep a copy for your records. If you cannot send a letter, send an email or text message.
Can I move before the end of the lease term?
If you want to move out before the lease expires, you can try to negotiate with your landlord to end the lease early.
Your landlord may agree to let you:
End the lease without penalty.
End the lease, if you pay an early lease termination fee.
End the lease, if you find someone to sublet the property.
If your landlord agrees to let you move out early, try to get that agreement in writing or confirm the agreement by email.
If you need to move out immediately because the property is not safe or because of domestic violence or because of a disability, you may have the legal right to move out early without penalty. However, you may want to request legal help.
How should I move out?
Clean the rental property and take photos of each room. Before you return the keys, ask your landlord to inspect the property with you.
If you cannot return the keys in person, it is best to return them by certified mail.
Be sure that all your personal possessions are moved out as well. Otherwise, you risk losing these items permanently, because landlords can dispose of property left behind if they give you notice and you do not respond within ten days.