Tenant Rights in Dunmore, Pennsylvania

Key Takeaways

  • None — prohibited by Pennsylvania state law (68 Pa. C.S. § 250.510)
  • Returned within 30 days of move-out with itemized statement; failure may result in double damages plus attorney's fees (68 Pa. C.S. § 250.512)
  • 15 days for tenancies under 1 year; 30 days for tenancies of 1 year or more (68 Pa. C.S. § 250.501)
  • Not required in Dunmore — no local just cause ordinance; state law allows non-renewal without cause with proper notice
  • MidPenn Legal Services, Northeastern Pennsylvania Legal Aid, Pennsylvania Legal Aid Network

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1. Overview: Tenant Rights in Dunmore

Dunmore is a borough in Lackawanna County in northeastern Pennsylvania, located directly adjacent to Scranton. With a population of roughly 14,000, Dunmore has a mix of owner-occupied and rental housing, and many renters in the area commute to Scranton for work. Renters in Dunmore most commonly seek information about security deposit returns, what notice a landlord must give before an eviction, and whether there are any limits on rent increases.

Tenant rights in Dunmore are governed entirely by Pennsylvania state law — specifically the Landlord and Tenant Act of 1951 (68 Pa. C.S. §§ 250.101–250.602). Dunmore has not enacted any local tenant protection ordinances beyond what state law requires, so renters must rely on state statutes for their protections. Key state rules cover security deposit caps and return timelines, minimum eviction notice periods, and an implied warranty of habitability.

This page is intended as an informational resource only and does not constitute legal advice. Tenant rights law can be complex and may change; renters facing specific legal issues should consult a licensed Pennsylvania attorney or contact a local legal aid organization for guidance.

2. Does Dunmore Have Rent Control?

Rent Control Status: None

Dunmore has no rent control ordinance, and Pennsylvania state law explicitly prohibits local governments from enacting one. Under 68 Pa. C.S. § 250.510, no city, borough, township, or other municipality in Pennsylvania may enact any ordinance, resolution, or regulation that controls or establishes a maximum amount of rent charged for privately owned residential property. This statewide preemption means that neither Dunmore nor Lackawanna County can legally create a rent stabilization or rent control program.

In practice, this means Dunmore landlords may raise rent by any amount at any time, as long as they provide the legally required written notice before the new rent takes effect (see Notice to Vacate section below). There is no cap on percentage increases, no requirement to justify a rent hike, and no government agency that regulates rent prices in Dunmore. Renters should carefully review lease renewal terms and factor in potential rent increases when budgeting.

3. Pennsylvania State Tenant Protections That Apply in Dunmore

Pennsylvania's Landlord and Tenant Act of 1951 (68 Pa. C.S. §§ 250.101 et seq.) provides the foundational set of tenant protections that apply to all renters in Dunmore. Key protections include:

Security Deposits (68 Pa. C.S. § 250.511a–250.512): Landlords may collect a security deposit of up to two months' rent during the first year of tenancy, and no more than one month's rent in subsequent years. Deposits must be held in a separate, interest-bearing escrow account. After move-out, landlords have 30 days to return the deposit with a written itemized list of any deductions. Failure to comply can result in the tenant recovering double the amount withheld plus attorney's fees.

Implied Warranty of Habitability: Pennsylvania courts recognize an implied warranty of habitability, requiring landlords to maintain rental units in a condition fit for human habitation. This includes functional heat, plumbing, electricity, and structural safety. If a landlord fails to make essential repairs after written notice, tenants may have the right to withhold rent or pursue a rent escrow remedy through the local magistrate court under the provisions of the Rent Withholding Act (35 P.S. §§ 1700-1 et seq.).

Notice Requirements (68 Pa. C.S. § 250.501): For month-to-month tenancies or leases of less than one year, landlords must provide at least 15 days' written notice before terminating the tenancy. For leases of one year or longer, 30 days' written notice is required. These minimums apply equally to tenants wishing to vacate.

Anti-Retaliation Protections: Pennsylvania courts recognize retaliatory eviction as a defense. Landlords may not evict or threaten to evict a tenant, raise rent, or reduce services in retaliation for the tenant reporting housing code violations to a government agency or exercising any legal rights. Tenants facing retaliatory action may raise this as an affirmative defense in eviction proceedings.

Lockout and Utility Shutoff Prohibition: Self-help eviction is illegal in Pennsylvania. Landlords may not remove a tenant by changing locks, removing doors or windows, or shutting off essential utilities such as heat, water, or electricity outside of a court-ordered eviction. Tenants subjected to such actions may seek emergency injunctive relief in court.

4. Security Deposit Rules in Dunmore

Security deposit rules for Dunmore renters are established by 68 Pa. C.S. §§ 250.511a through 250.512 of Pennsylvania's Landlord and Tenant Act of 1951.

Deposit Cap: During the first year of any tenancy, a landlord may collect a security deposit of no more than two months' rent. Beginning with the second year of continuous tenancy, the cap drops to one month's rent. If a landlord collected two months' rent initially and the tenant continues past the first year, the landlord must refund the excess above one month's rent within 30 days of the start of the second year.

Escrow Requirement: Landlords who collect a security deposit of $100 or more must deposit the funds in a federally or state-regulated savings institution and must notify the tenant in writing of the name and address of the institution where the deposit is held (68 Pa. C.S. § 250.511b).

Return Deadline: After a tenant vacates the unit, the landlord has 30 days to return the security deposit (or the remaining balance after lawful deductions) along with a written, itemized list explaining any amounts withheld. The itemization must be mailed to the tenant's last known address.

Penalty for Non-Compliance: If a landlord fails to return the deposit and itemization within 30 days, the tenant may sue for double the amount wrongfully withheld, plus court costs and reasonable attorney's fees, under 68 Pa. C.S. § 250.512. A landlord who fails to provide an itemized list within the 30-day window forfeits the right to retain any portion of the deposit.

5. Eviction Process and Your Rights in Dunmore

Evictions in Dunmore are governed by Pennsylvania's Landlord and Tenant Act of 1951 (68 Pa. C.S. §§ 250.501–250.513) and are processed through the Lackawanna County Magisterial District Courts.

Step 1 — Written Notice: Before filing for eviction, a landlord must serve the tenant with written notice to vacate. The required notice period depends on the reason for eviction:

Step 2 — Filing a Complaint: If the tenant does not vacate after proper notice, the landlord may file a Landlord-Tenant Complaint at the local Magisterial District Court in Lackawanna County. The court will schedule a hearing, typically within 7 to 15 days of filing.

Step 3 — Hearing: Both the landlord and tenant appear before a Magisterial District Judge. Tenants have the right to present defenses, including improper notice, habitability issues, or retaliatory eviction. If judgment is entered for the landlord, the tenant typically has 10 days to appeal to the Lackawanna County Court of Common Pleas before a Writ of Possession can be issued.

Step 4 — Writ of Possession and Lockout: If no appeal is filed, the landlord may request a Writ of Possession, which authorizes a constable or sheriff to physically remove the tenant. Only a law enforcement officer acting under a court order may carry out the physical removal.

Self-Help Eviction is Illegal: Landlords in Pennsylvania may not lock out a tenant, remove belongings, shut off utilities, or otherwise force a tenant out without a court order. Tenants subjected to self-help eviction tactics may seek an emergency injunction and may have a claim for damages against the landlord.

Just Cause: Pennsylvania does not require landlords to have just cause for non-renewal of a lease in Dunmore. Landlords may decline to renew for any non-discriminatory reason, provided proper notice is given.

6. Resources for Dunmore Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the application of any law depends on the specific facts of your situation. Renters in Dunmore, Pennsylvania with specific legal questions or concerns should consult a licensed Pennsylvania attorney or contact a qualified local legal aid organization such as MidPenn Legal Services or Northeastern Pennsylvania Legal Aid. RentCheckMe makes no representations regarding the accuracy or completeness of this information and is not responsible for any actions taken in reliance on it.

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Frequently Asked Questions

Does Dunmore have rent control?
No. Dunmore has no rent control ordinance, and Pennsylvania state law prohibits any municipality from enacting one under 68 Pa. C.S. § 250.510. Landlords in Dunmore may raise rent by any amount, provided they give the legally required written notice before the increase takes effect.
How much can my landlord raise my rent in Dunmore?
There is no legal cap on rent increases in Dunmore. Because Pennsylvania's statewide preemption statute (68 Pa. C.S. § 250.510) bars all local rent control, landlords may raise rent by any amount. For month-to-month tenants, the landlord must provide at least 15 days' written notice before a rent increase takes effect, or 30 days if the tenancy has lasted one year or more (68 Pa. C.S. § 250.501).
How long does my landlord have to return my security deposit in Dunmore?
Your landlord has 30 days after you vacate the unit to return your security deposit, along with a written itemized statement of any deductions, under 68 Pa. C.S. § 250.512. If the landlord fails to return the deposit and itemization within 30 days, you may be entitled to double the amount wrongfully withheld, plus attorney's fees. Make sure to provide your forwarding address in writing at move-out.
What notice does my landlord need before evicting me in Dunmore?
For nonpayment of rent, your landlord must give you at least 10 days' written notice to pay or vacate under 68 Pa. C.S. § 250.501. For lease violations or non-renewal, the required notice is 15 days for tenancies under one year and 30 days for tenancies of one year or more. After proper notice, if you do not vacate, the landlord must file a complaint in Lackawanna County Magisterial District Court — they cannot remove you without a court order.
Can my landlord lock me out or shut off utilities in Dunmore?
No. Self-help eviction is illegal in Pennsylvania. Your landlord may not change locks, remove doors or windows, or shut off heat, water, electricity, or other essential utilities in order to force you to leave, regardless of any rent dispute or lease violation. The only legal way to remove a tenant is through the court eviction process. If your landlord takes such actions, you may seek an emergency court injunction and may have a claim for damages.
What can I do if my landlord refuses to make repairs in Dunmore?
Pennsylvania recognizes an implied warranty of habitability, requiring landlords to maintain rental units in a safe and livable condition. If your landlord refuses to make essential repairs, you should first notify the landlord in writing and keep a copy. If the landlord still does not act, you may file a complaint with Dunmore borough code enforcement or Lackawanna County, or seek rent withholding remedies through the Magisterial District Court under Pennsylvania's Rent Withholding Act (35 P.S. § 1700-1). Contact MidPenn Legal Services or Northeastern Pennsylvania Legal Aid for guidance specific to your situation.

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