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New Kensington is a city of approximately 12,000 residents in Westmoreland County, located along the Allegheny River about 18 miles northeast of Pittsburgh. A significant share of the city's households are renters, and many residents seek information about their rights regarding security deposits, rent increases, and the eviction process — all of which are governed exclusively by Pennsylvania state law.
Unlike Philadelphia or Pittsburgh, New Kensington has no local tenant-protection ordinances beyond what state law provides. That means renters here rely entirely on the Pennsylvania Landlord and Tenant Act of 1951 (68 Pa. C.S. §§ 250.101–250.602) for protections related to deposits, notice requirements, habitability, and anti-retaliation. Understanding those state-level rights is essential for every New Kensington tenant.
This page summarizes the laws that apply to renters in New Kensington as of April 2026. It is provided for informational purposes only and does not constitute legal advice. If you are facing eviction or a housing dispute, contact a qualified attorney or legal aid organization for guidance specific to your situation.
No Rent Control in New Kensington — or Anywhere in Pennsylvania
New Kensington does not have rent control, and it is legally prohibited from enacting one. Pennsylvania state law explicitly bars local governments from regulating rents: 68 Pa. C.S. § 250.510 (part of the Landlord and Tenant Act of 1951) preempts any municipal rent-control ordinance across the entire commonwealth. This means that no city, borough, or township in Pennsylvania — including New Kensington — may cap rents or limit rent increases through local legislation.
In practice, this means your landlord in New Kensington can raise your rent by any amount, at any time, as long as they provide the legally required written notice before the increase takes effect. For month-to-month tenants, that notice period is at least 15 days (or 30 days if you have lived in the unit for a year or more) under 68 Pa. C.S. § 250.501. If your lease has a fixed term, the landlord generally cannot raise your rent until the lease expires, unless the lease itself permits mid-term increases.
Renters concerned about large rent increases should carefully review their lease terms and consult a legal aid organization if they believe a rent hike was applied improperly or in retaliation for exercising their legal rights.
Pennsylvania's Landlord and Tenant Act of 1951 (68 Pa. C.S. §§ 250.101–250.602) is the primary source of tenant protections for New Kensington renters. Key protections include:
Implied Warranty of Habitability: Pennsylvania courts recognize an implied warranty of habitability, meaning landlords must maintain rental units in a safe and livable condition — with functioning heat, plumbing, structural integrity, and freedom from serious health hazards. If a landlord fails to make essential repairs after receiving written notice, tenants may have grounds to withhold rent or pursue rent escrow through Magisterial District Court under the remedies recognized in Pugh v. Holmes, 486 Pa. 272 (1979), and subsequent case law. Tenants should document all repair requests in writing and retain copies.
Security Deposit Protections (68 Pa. C.S. § 250.512): Landlords must return your security deposit — along with an itemized written list of any deductions — within 30 days of your move-out date. If a landlord fails to comply, the tenant is entitled to double the amount wrongfully withheld plus reasonable attorney's fees. See the Security Deposit section below for deposit cap details.
Notice Requirements for Lease Termination (68 Pa. C.S. § 250.501): To terminate a month-to-month tenancy, a landlord must give at least 15 days' written notice before the end of a rental period. If the tenancy has lasted one year or more, the required notice increases to 30 days. Tenants who wish to terminate must provide the same notice to their landlord.
Anti-Retaliation Protections: Pennsylvania courts recognize retaliatory eviction as a defense. A landlord may not evict, raise rent, or reduce services against a tenant in retaliation for reporting housing code violations to a government agency or for exercising any other legal right. If a landlord takes adverse action within a short period after a tenant's protected activity, courts may presume retaliation. Tenants facing retaliatory conduct should document dates of complaints and any subsequent landlord actions.
Self-Help Eviction Prohibition: Under Pennsylvania law, a landlord may not remove a tenant by force, change locks, remove doors or windows, or shut off utilities to force a tenant out. These self-help measures are illegal. The landlord's only legal remedy is to file a formal eviction action in Magisterial District Court. Tenants subjected to self-help eviction may seek emergency relief in court.
Security deposit rules in New Kensington are governed by 68 Pa. C.S. § 250.511 (caps) and 68 Pa. C.S. § 250.512 (return and penalties).
Deposit Cap: During the first year of a tenancy, a landlord may charge a maximum security deposit equal to two months' rent. Beginning with the second year of the same tenancy, the cap drops to one month's rent. If your landlord is holding more than one month's rent after you have lived there for a year, they are required to return the excess to you.
Interest on Deposits: If a landlord holds a security deposit for two or more years, they must place it in an interest-bearing escrow account at a federally insured institution and pay the tenant any interest earned, minus a 1% administrative fee, each year (68 Pa. C.S. § 250.511b).
Return Deadline: After you vacate, your landlord has 30 days to return your deposit along with an itemized written statement of any deductions for damages beyond normal wear and tear. The statement and any remaining deposit must be sent to your last known mailing address.
Penalty for Non-Compliance: If a landlord fails to return the deposit or provide the itemized statement within 30 days, or if the landlord wrongfully withholds any portion, the tenant is entitled to double the amount wrongfully withheld plus reasonable attorney's fees under 68 Pa. C.S. § 250.512. To protect your rights, provide your landlord with a written forwarding address when you move out and keep a copy for your records.
Evictions in New Kensington follow the formal court process established by Pennsylvania law. Landlords must follow each step — there are no shortcuts, and self-help eviction is illegal.
Step 1 — Written Notice: Before filing anything in court, the landlord must give the tenant a written notice to vacate. The required notice period depends on the reason for eviction and the length of the tenancy:
Step 2 — Filing with Magisterial District Court: If the tenant does not vacate after the notice period expires, the landlord may file an Complaint for Possession with the local Magisterial District Court serving Westmoreland County. A hearing will be scheduled, typically within 7–15 days of filing.
Step 3 — The Hearing: Both the landlord and tenant have the right to appear, present evidence, and raise defenses — including habitability issues, retaliation, improper notice, or payment of rent. Tenants who receive a court summons should appear at the hearing; failing to appear often results in a default judgment for the landlord.
Step 4 — Judgment and Appeal: If the court rules in the landlord's favor, the tenant has 10 days to appeal to the Court of Common Pleas of Westmoreland County. Filing an appeal stays the eviction during the appeal process, though the tenant may be required to pay ongoing rent into escrow.
Step 5 — Order for Possession / Physical Removal: If no appeal is filed and the tenant does not leave, the landlord obtains an Order for Possession, which is served by the constable. The constable then enforces the order by physically removing the tenant if necessary.
Self-Help Eviction is Illegal: A landlord who changes the locks, removes a tenant's belongings, shuts off utilities, or otherwise forces a tenant out without going through the court process is committing an illegal self-help eviction. Tenants who experience this should contact legal aid or file an emergency action in Magisterial District Court immediately.
Just Cause: Pennsylvania does not require landlords to have just cause to end a tenancy — landlords may decline to renew a lease for any lawful reason, provided proper notice is given. New Kensington has no local just-cause ordinance.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and the specifics of your situation may differ from the general rules described here. For advice about your individual circumstances — including eviction, security deposits, or habitability disputes — consult a licensed Pennsylvania attorney or contact a legal aid organization such as Neighborhood Legal Services. RentCheckMe makes no guarantees about the accuracy or completeness of this information, and we encourage you to verify current law with a qualified professional.
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