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Kingston is a small borough situated along the Susquehanna River in Luzerne County, Pennsylvania, directly across from Wilkes-Barre. Like all municipalities in Pennsylvania, Kingston is governed entirely by state landlord-tenant law — the Pennsylvania Landlord and Tenant Act of 1951 (68 Pa. C.S. §§ 250.101–250.602) — with no additional local ordinances in place. Renters in Kingston most commonly have questions about rent increases, security deposit returns, and the eviction process, all of which are addressed exclusively by state statute.
The rental market in the Wilkes-Barre/Kingston area of the Wyoming Valley is relatively affordable compared to Pennsylvania's larger cities, but tenants still face challenges including maintenance disputes, deposit deductions, and lease non-renewals. Because Kingston has no local tenant protections beyond state law, understanding exactly what Pennsylvania statutes provide — and where they fall short — is critical for renters in the borough.
This article is intended as general information only and does not constitute legal advice. Laws and their interpretations can change, and individual situations vary. If you are facing an eviction, a deposit dispute, or any other housing legal matter, please consult a qualified attorney or contact a legal aid organization in your area.
Kingston has no rent control, and no Pennsylvania municipality may enact it. Pennsylvania state law explicitly prohibits local governments from adopting rent control or rent stabilization ordinances. The governing statute, 68 Pa. C.S. § 250.510, provides that no political subdivision of the Commonwealth may enact any ordinance or resolution that controls or establishes a maximum amount of rent charged for the use or occupancy of any residential dwelling unit. This preemption is absolute — it applies to boroughs, townships, and cities alike, including Kingston.
In practice, this means a landlord in Kingston may raise your rent by any amount at any time, as long as proper advance notice is given before the increase takes effect. There is no cap on how much rent can be raised, no requirement that increases be tied to inflation or any index, and no local board or agency that reviews rent increases. The only protection renters have against a rent increase is the notice requirement under 68 Pa. C.S. § 250.501, which requires the landlord to give at least 15 days' written notice before terminating or materially modifying a month-to-month tenancy (or 30 days for tenancies of one year or more). If you receive a rent increase notice and cannot afford the new rent, your primary options are to negotiate with your landlord, seek rental assistance, or choose not to renew your lease.
Pennsylvania's Landlord and Tenant Act of 1951 (68 Pa. C.S. §§ 250.101 et seq.) is the primary source of tenant protections for Kingston renters. The following protections apply statewide and in Kingston:
Security Deposits (68 Pa. C.S. § 250.511 – § 250.512): Landlords may collect a security deposit of no more than two months' rent during the first year of tenancy. After the first year, the maximum deposit is reduced to one month's rent, and the landlord must return any excess within 30 days. Upon move-out, the landlord has 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 wrongfully withheld, plus reasonable attorney's fees.
Implied Warranty of Habitability: Pennsylvania courts recognize an implied warranty of habitability, requiring landlords to maintain rental units in a safe and livable condition. This includes functioning heating, plumbing, electrical systems, and a structurally sound premises. Tenants must notify the landlord in writing of defects and allow a reasonable time for repairs before pursuing remedies such as rent withholding or repair-and-deduct. While Pennsylvania does not have a single comprehensive habitability statute equivalent to those in some other states, this right is established through case law (see Pugh v. Holmes, 486 Pa. 272 (1979)).
Notice to Terminate Tenancy (68 Pa. C.S. § 250.501): A landlord must provide at least 15 days' written notice before terminating a month-to-month tenancy that has lasted less than one year. For tenancies of one year or longer, at least 30 days' written notice is required. These minimums apply both to lease non-renewals and to notices to quit for non-payment of rent or other lease violations (though the cure period for non-payment may differ).
Anti-Retaliation Protection: Pennsylvania courts recognize retaliatory eviction as a defense. A landlord may not evict, threaten to evict, raise rent, or reduce services in retaliation for a tenant reporting housing code violations to a government agency, complaining to the landlord about habitability issues, or organizing with other tenants. If a landlord takes adverse action within six months of a tenant exercising these rights, Pennsylvania courts may presume retaliation, placing the burden on the landlord to show a legitimate non-retaliatory reason.
Prohibition on Self-Help Eviction (68 Pa. C.S. § 250.501): A landlord in Pennsylvania may not remove a tenant by means other than the legal eviction process. Changing locks, removing doors or windows, shutting off utilities, or removing the tenant's belongings without a court order are all illegal self-help eviction tactics. Tenants subjected to such conduct may seek emergency relief in court.
Security deposit rules for Kingston renters are governed by 68 Pa. C.S. §§ 250.511 and 250.512 of the Pennsylvania Landlord and Tenant Act of 1951.
Maximum Deposit Amount: During the first year of tenancy, a landlord may collect a security deposit of no more than two months' rent. Beginning with the second year of tenancy, the maximum drops to one month's rent. If a tenant has lived in the unit for more than one year and the landlord is holding more than one month's rent as a deposit, the landlord must refund the excess within 30 days of the start of the second lease year.
Interest on Deposits: If a tenant has lived in the unit for two or more years and the deposit exceeds $100, the landlord is required under 68 Pa. C.S. § 250.511b to place the deposit in an interest-bearing escrow account at a federally insured bank or savings institution. The tenant is entitled to the interest earned, minus a 1% administrative fee the landlord may retain.
Return Deadline: After the tenant vacates, the landlord has 30 days to either return the full deposit or provide a written, itemized list of deductions along with any remaining balance. Both the written statement and any refund must be delivered or mailed to the tenant's last known address within this 30-day window.
Penalty for Non-Compliance: If a landlord fails to return the deposit or provide the itemized statement within 30 days, the tenant is entitled to recover double the amount of the deposit wrongfully withheld, plus reasonable attorney's fees, under 68 Pa. C.S. § 250.512. To protect your rights, document your move-out condition with photos and videos, provide your forwarding address in writing before you leave, and keep a copy of your lease and any communications with your landlord.
Evictions in Kingston follow the Pennsylvania eviction process established under the Pennsylvania Landlord and Tenant Act of 1951 (68 Pa. C.S. §§ 250.501–250.513) and are heard by the Magisterial District Court in Luzerne County. The process has several required steps, and landlords must follow each one precisely.
Step 1 — Written Notice to Quit: Before filing with the court, the landlord must serve the tenant a written notice to quit. The required notice period depends on the reason for eviction:
The notice must be delivered in person or posted on the premises in a conspicuous place.
Step 2 — Filing a Complaint: If the tenant does not vacate after the notice period expires, the landlord may file a Landlord-Tenant Complaint with the appropriate Magisterial District Court in Luzerne County. The filing fee must be paid at this time. The court will schedule a hearing, typically within 7 to 15 days of filing.
Step 3 — The Hearing: Both parties appear before the Magisterial District Judge. Tenants have the right to present defenses, including payment of rent, uninhabitable conditions, improper notice, or retaliation. If the judge rules in the landlord's favor, a judgment for possession is entered.
Step 4 — Appeal Period: The tenant has 10 days from the date of judgment to appeal to the Luzerne County Court of Common Pleas. Filing an appeal and paying any required supersedeas bond may stay the eviction during the appeal.
Step 5 — Writ of Possession: If no appeal is filed (or the appeal is unsuccessful), the landlord may request a Writ of Possession from the court. A constable or sheriff will then serve the tenant with notice and, if the tenant does not vacate, physically remove the tenant and their belongings.
Self-Help Eviction is Illegal: A landlord in Kingston may not lock out a tenant, remove doors or windows, shut off utilities, or remove the tenant's possessions to force them out without completing the legal court process. Tenants subjected to such conduct may seek emergency injunctive relief and may be entitled to damages. This prohibition is grounded in 68 Pa. C.S. § 250.501 and Pennsylvania common law.
Just Cause: Pennsylvania does not require landlords to have just cause to terminate a lease or decline to renew it. At the expiration of any lease term, a landlord in Kingston may choose not to renew without providing a reason, as long as proper notice is given.
The information provided on this page is for general informational purposes only and does not constitute legal advice. Landlord-tenant laws, local ordinances, and court interpretations can change, and individual circumstances vary significantly. Nothing on this page creates an attorney-client relationship. If you are facing an eviction, a security deposit dispute, habitability problems, or any other housing legal issue in Kingston, Pennsylvania, you should consult a licensed Pennsylvania attorney or contact a qualified legal aid organization in Luzerne County. RentCheckMe makes no warranties regarding the accuracy or completeness of this information and assumes no liability for actions taken in reliance on it.
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