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CITY OF PHILADELPHIA

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FAIR HOUSING COMMISSION

 * Home
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 * Tenant protections
   * Rental suitability
   * Unfair rental practices
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 * Home
 * Fair Housing Commission
 * Tenant protections
 * Unfair rental practices


UNFAIR RENTAL PRACTICES

Chapter 9-804 of the Philadelphia Code describes unfair rental practices by
landlords. If you believe that you’ve experienced unfair rental practices, you
can file a complaint.



Jump to:

 * Unlawful lease termination
 * Unlawful eviction
 * Retaliation and discrimination
 * Abuse protections
 * File a complaint with the Fair Housing Commission


UNLAWFUL LEASE TERMINATION

TERMINATING A LEASE OR CHANGING ITS TERMS WHEN A PROPERTY IS CITED FOR A CODE
VIOLATION

Citations may be issued by the Department of Licenses and Inspections, the
Department of Public Health, or a utility company.

As an example, if a property is cited for a violation, the landlord may not
respond by raising a tenant’s rent or by issuing a notice for them to vacate the
property.

--------------------------------------------------------------------------------

TERMINATING A LEASE OF LESS THAN ONE YEAR WITHOUT GOOD CAUSE

The law prevents an owner or landlord from issuing a lease termination or
non-renewal notice without first showing a “good cause” reason. This rule
applies to leases that are for less than one year, including those that convert
to shorter time frames like month to month.

Examples of good cause reasons to terminate a lease include:

 * Habitual non-payment or habitual late-payment of rent. (This does not apply
   if the tenant is legally withholding rent.)
 * Breach or non-compliance with a “material term” of the lease.
 * Nuisance activity by the tenant that interferes with others’ use and
   enjoyment of the property.
 * Tenant causes substantial damage to the property.
 * Tenant does not allow landlord access to the property, after the landlord has
   provided written notice.
 * Tenant refuses to sign an extension of the lease for generally the same lease
   terms.
 * Owner, or an immediate family member of the owner, is going to move into the
   unit.
 * Tenant refuses to agree to a reasonable rent increase or a change in the
   lease. (The landlord must provide notice to tenant and opportunity for
   response.)
 * Owner wants to make renovations with an empty unit. (They must provide notice
   and options to tenant.)

A landlord must provide at least 30 days’ written notice to the tenant with the
good cause reasons to terminate or not renew the lease. The notice must be sent
by hand delivery or first-class mail with proof of mailing. If the landlord does
not issue a notice as provided by the law, the lease automatically renews month
to month.

Tenants can challenge a landlord’s notice with the Fair Housing Commission or in
court. Tenants must file a complaint within 15 business days of receiving the
notice and notify the landlord.

--------------------------------------------------------------------------------


UNLAWFUL EVICTION

ATTEMPTING TO EVICT A TENANT WITHOUT FIRST GOING THROUGH THE COURT PROCESS

Examples of “self-help eviction practices” include:

 * Changing, removing, or plugging the locking device on an access door to the
   rental unit.
 * Removing or blocking the doors and windows of the rental unit to prevent
   access.
 * Disconnecting the utility services.
 * Forcing a tenant to vacate by use of force or threat to the tenant’s safety
   or the tenant’s property.

Chapter 9-1600 of the Philadelphia Code describes unlawful eviction practices in
greater detail.

--------------------------------------------------------------------------------

ILLEGALLY LOCKING OUT A TENANT

The law prevents an owner or landlord from illegally locking a tenant out of a
property. Often, this is done to attempt to force an eviction.

Tenants who are locked out should call 911 and ask for a police supervisor. When
the police arrive, the tenant will need to provide proof that they live at the
property. This might include a driver’s license, a copy of their lease, or a
bill.

The police will request proof from the landlord that the lockout was legal. If
the landlord can’t provide proof, the police will tell them to let the tenant
back onto the property.

If the police can’t contact the landlord, the tenant can hire a locksmith to
change locks. The tenant should get a receipt and deduct the cost from their
rent.

If a tenant still can’t get access to the property, they can contact:

 * Community Legal Services, (215) 981-3700
 * Tenant Union Representative Network, (215) 940-3900
 * Philadelphia Tenant Advocate, (215) 606-3556
 * Philadelphia Bar Association Lawyer Referral Service, (215) 238-6333

--------------------------------------------------------------------------------


RETALIATION AND DISCRIMINATION

RETALIATING AGAINST A TENANT FOR EXERCISING A LEGAL RIGHT

Examples of a tenant’s legal rights include joining a tenant organization or
filing a complaint that alleges code violations. Retaliation by a landlord may
include raising rent, shutting off utilities, or attempting to evict tenants.

--------------------------------------------------------------------------------

DISCRIMINATING AGAINST A TENANT BASED ON A SPECIFIC PROTECTED CATEGORY

Philadelphia law prohibits discrimination by landlords and other providers of
housing and property. For example, a landlord may not reject an application for
tenancy based on the prospective tenant’s race or religion.

Contact the Philadelphia Commission on Human Relations to submit a complaint
about housing or property discrimination.

--------------------------------------------------------------------------------


ABUSE PROTECTIONS

The law also includes abuse protections. Victims of domestic violence or sexual
assault may end their lease early and get back their security deposit. They may
also bifurcate (or split) a lease to evict an abuser.

It is illegal for a landlord to:

 * Terminate a lease due to an incident of domestic violence or sexual assault.
 * Terminate a lease based on a tenant’s status as a victim of domestic violence
   or sexual assault.

--------------------------------------------------------------------------------


RIGHT TO COUNSEL

Low-income tenants in some ZIP codes are eligible for Right to Counsel. This law
guarantees the right to an attorney for fair housing hearings, eviction cases,
or housing subsidy termination actions.

Learn more about how to get free legal representation for a proceeding.

--------------------------------------------------------------------------------


FILE A COMPLAINT WITH THE FAIR HOUSING COMMISSION

FILE A COMPLAINT ABOUT UNFAIR RENTAL PRACTICES

How to file a complaint about retaliation or other unfair rental practices by a
landlord.

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This content was last updated on December 9, 2022, by Fair Housing Commission.
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