5 Month's Rent Legal? and Overnight Guests?

[Farfalis]

Hello all,

I have two questions that I'm hoping someone can assist me with.

1) My landlord charges tenants the first month's rent, plus a security deposit of one month's rent, however he also charges the last three months of rent along with another document (which is not mentioned anywhere in the lease) saying that that money can only be used by the tenant to pay those last three months. This money, to the best of my knowledge, is not deposited in escrow or any other state controlled fund. Now as I understand it 3 months in the maximum any landlord may charge up front in the state of Pennsylvania, but I was unable to find the actual legal information on the topic in the Landlord and Tenant Act. So my question is can he actually charge me that large of an amount and if not what are my legal rights in retrieving said monies if I so choose? Also if I were to take back such monies would I legally be able to break the lease and still get back my security deposit?

2) There is a clause in the attached Rules and Regulations of my lease stating that "No person(s) other than the Tenant of the above-mentioned apartment shall stay overnight in the apartment, however the Landlord and Tenant Act Section 250.504-A. Tenant’s rights states that:

"The tenant also shall have right to invite to his apartment or dwelling unit, for a reasonable period of time, such social guest, family or visitors as he wishes so long as his obligations as a tenant under this article are observed. These rights may not be waived by any provisions of a written rental agreement and the landlord and/or owner may not charge any fee, service charge or additional rent to the tenant for exercising his rights under this act... as a consequence any provision in a written agreement attempting to limit this right shall be void and unenforceable in the courts of this Commonwealth."

So is this rule then not valid, and if not what constitutes "reasonable" as no such definition is given anywhere else in the lease?

Thank you for taking the time to read my post and for any help you might offer. I also apologize if this has already been answered somewhere deep within the forums.

I am not aware that there is rule against it...check with your state dept of housing. You can agree to more months in escrow normally--but most people will not agree to that.

Guests can stay overnight unless you specifically agreed to a provision that says NO overnight guests...that would have to be specifically noted to you.

PA law requires that the LL charge no more than 2 months rent for a deposit. Pre-paid rent may well qualify as a deposit since it is to ensure your performance (paying rent) under the lease. I seriously doubt this is legal to accept this much. Quote him the PA security deposit law of 68 PA Const. Statutes 250.511a to 250.512 and ask for it back or to be applied to the next months of rent.

Although the poster did agree to that provision, the LL cannot refuse you a guest. But he can prohibit someone staying so much that they are no longer considered a guest, but an occupant. The PA law is too vague in this point. "Reasonable" is open to interpretation. (You may need to check for case law on this.) Most leases allow a guest once or twice a month (say, 12 per lease year) or some other such limit. How often are you having guests or planning to have an overnight guest? Once a month would seem reasonable. Every weekend would not. (2 nights a week would be 28% of the time!) Keep it reasonable, don't disturb other tenants, and keep utility usage down if it is included in your rent (LL's most vocal and reasonable objection to this). Beyond that, you should be fine.

[Farfalis]

Thank you for your responses and I have one more question. So I have established through the response here and speaking with a tenant law professor that this is most definitely not legal in the state of Pennsylvania, but what I'm still not sure about is if those funds actually count as a security deposit under the law?

The law doesn't clearly define what is considered a deposit. But since a deposit is considered money to ensure your performance under the lease, I would consider future rent as a deposit. It is money held to be sure your rent (an obligation) is paid prior to vacating. I would write to him, quote the statute, and see if he will refund.