Want to skip straight to checking your own building? Use the RentCheckMe address checker.
St. Marys is a small city in Elk County in north-central Pennsylvania, home to approximately 12,000 residents. Like many communities outside Pennsylvania's major urban centers, renters in St. Marys rely entirely on state law — specifically the Pennsylvania Landlord and Tenant Act of 1951 — for their core housing protections. The city has not enacted any local tenant ordinances beyond what state law requires.
The most common concerns for St. Marys renters include understanding how much a landlord can raise the rent, what protections apply when a tenancy ends, how quickly a security deposit must be returned, and what steps are required before a landlord can file for eviction. Pennsylvania law provides clear answers to each of these questions, and knowing the rules can make a significant difference when a dispute arises.
This article summarizes key Pennsylvania tenant rights as they apply to renters in St. Marys, Elk County. It is provided for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary — consult a qualified attorney or legal aid organization for guidance specific to your situation.
St. Marys has no rent control, and Pennsylvania law expressly prohibits any municipality from enacting one. Under 68 Pa. C.S. § 250.510, local governments in Pennsylvania are preempted from regulating residential rents. This means the City of St. Marys cannot pass a rent stabilization or rent control ordinance regardless of local housing conditions.
In practice, this means a landlord in St. Marys may increase rent by any dollar amount at any time — there is no cap on the size of a rent increase under Pennsylvania law. The only requirement is that the landlord provide adequate written notice before the increase takes effect: at least 15 days' notice for month-to-month tenants in tenancies under one year, and at least 30 days' notice for tenancies of one year or more (68 Pa. C.S. § 250.501). If the lease specifies a longer notice period, that lease term controls.
Renters facing sudden or steep rent increases in St. Marys have no local or state rent control protection to appeal to. The practical options are to negotiate with the landlord, decline to renew the lease, or seek more affordable housing elsewhere. Philadelphia has historically maintained some additional tenant protections, but those ordinances do not extend to Elk County or St. Marys.
Pennsylvania's Landlord and Tenant Act of 1951 (Title 68 of the Pennsylvania Consolidated Statutes) is the primary statute governing the landlord-tenant relationship in St. Marys. Key protections include:
Implied Warranty of Habitability: Pennsylvania courts recognize an implied warranty of habitability requiring landlords to maintain rental units in a safe and livable condition. If a landlord fails to make essential repairs after receiving written notice from the tenant, the tenant may have the right to withhold rent, repair-and-deduct, or terminate the lease. Tenants should document all repair requests in writing and keep copies.
Security Deposit Protections (68 Pa. C.S. § 250.511 – § 250.512): Landlords must hold security deposits in a separate escrow account and provide the tenant with the name and address of the bank within 30 days of receiving the deposit. Deposits of $100 or more must earn interest after the second year of tenancy, with interest paid annually to the tenant.
Notice to Terminate Tenancy (68 Pa. C.S. § 250.501): For month-to-month or year-to-year tenancies, either party must provide written notice to terminate. For tenancies of less than one year: 15 days' written notice is required. For tenancies of one year or more: 30 days' written notice is required. Notice must be given before the next rent payment is due.
Anti-Retaliation Protection: Pennsylvania courts recognize retaliatory eviction as an affirmative defense. A landlord may not evict, raise rent, or reduce services in response to a tenant reporting housing code violations to a government agency or exercising other legal rights. If a landlord takes adverse action within six months of a tenant's protected activity, courts may presume retaliation.
Lockout and Utility Shutoff Prohibition: Self-help evictions — including changing locks, removing doors or windows, or shutting off utilities to force a tenant out — are illegal in Pennsylvania. A landlord must go through the formal court eviction process (68 Pa. C.S. § 250.501 et seq.). A tenant who is illegally locked out may seek immediate court relief and damages.
Pennsylvania law places specific limits on how much a landlord may collect as a security deposit and imposes strict deadlines for its return. These rules apply to all residential rentals in St. Marys under 68 Pa. C.S. §§ 250.511 – 250.512.
Deposit Cap: During the first year of a tenancy, the security deposit may not exceed two months' rent. After the first year, the cap drops to one month's rent. If a tenant has lived in a unit for more than one year and the landlord holds more than one month's rent as a deposit, the landlord must return the excess at the beginning of the second year.
Escrow Requirement: Any security deposit of $100 or more must be deposited in a federally or state-insured bank or savings institution. The landlord must notify the tenant in writing of the name and address of that institution within 30 days of receiving the deposit. After the second year of tenancy, deposits must earn interest, which is paid annually to the tenant less a 1% administrative fee.
Return Deadline: After a tenant vacates, the landlord has 30 days to either return the full deposit or provide a written itemized statement of deductions along with the remaining balance. Allowable deductions include unpaid rent and damages beyond normal wear and tear — not routine cleaning or minor scuffs.
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 double (2x) the amount wrongfully withheld, plus attorney's fees, under 68 Pa. C.S. § 250.512. To preserve this right, the tenant must provide the landlord with a written forwarding address after moving out.
To evict a tenant in St. Marys, a landlord must follow the formal legal process established under Pennsylvania's Landlord and Tenant Act of 1951 (68 Pa. C.S. § 250.501 et seq.) and Rules of Civil Procedure for Magisterial District Courts. Self-help evictions — such as changing locks, removing belongings, or cutting off utilities — are illegal and expose the landlord to civil liability.
Step 1 — Written Notice to Quit: Before filing in court, the landlord must serve the tenant with a written notice to vacate. The required notice period depends on the reason for eviction and the length of tenancy:
Step 2 — Filing a Complaint: If the tenant does not vacate after the notice period expires, the landlord may file a Landlord-Tenant Complaint at the Magisterial District Court serving Elk County. The tenant will be served with a notice of the hearing date.
Step 3 — Hearing: Both parties appear before the magisterial district judge. Tenants have the right to present defenses, including payment of rent, habitability issues, or retaliatory eviction. The hearing typically occurs within 7–15 days of filing.
Step 4 — Judgment and Possession Order: If the judge rules for the landlord, the tenant has 10 days to appeal to the Court of Common Pleas (which stays the eviction) or vacate the premises. After 10 days with no appeal, the landlord may request an Order for Possession, which is executed by the local constable or sheriff.
Just Cause: Pennsylvania does not require landlords in St. Marys to have just cause to refuse to renew a lease. Once a fixed-term lease expires, a landlord may decline renewal with proper notice and no stated reason. Retaliatory non-renewal, however, may be challenged in court as retaliatory eviction.
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 individual circumstances vary significantly. Renters in St. Marys, Pennsylvania should verify current laws with a licensed Pennsylvania attorney or contact a qualified legal aid organization such as MidPenn Legal Services before taking action. RentCheckMe is not a law firm and no attorney-client relationship is created by use of this site.
Find out if your home is covered by rent control or tenant protections.
Use the Address Checker →We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.