Know Your Rights: A Guide for Bensalem Renters
For the nearly 40% of Bensalem residents who rent their homes, knowing your legal rights is essential. Whether you are leasing an apartment at Salem Harbour or renting a single-family home in Trevose, your tenancy is governed by a mix of state statutes and local township ordinances.
While Pennsylvania law tends to be balanced, it has strict deadlines that can catch both landlords and tenants off guard. Here is the definitive breakdown of your rights in the 19020 zip code.
1. The Security Deposit: The “Two Month” Limit
One of the most common disputes we hear about at Bensalem Weekly involves security deposits. The Pennsylvania Landlord-Tenant Act is very specific about what a landlord can—and cannot—hold.
The Cap: During your first year of leasing, a landlord cannot charge more than two months’ rent as a security deposit. For example, if your monthly rent is $1,200, your landlord can hold up to $2,400 in year one.
The Drop: Starting in your second year, that limit drops to one month’s rent—in our example, $1,200. If you have been a model tenant for five years and your landlord is still holding two months’ worth of cash, you are legally entitled to the difference back.
The Return: When you move out, the landlord has a strict 30-day deadline to return your deposit or provide a written list of damages. If they miss this deadline, they may forfeit their right to keep any of it—and you could sue for double the amount.
2. Bensalem’s Local “Inspection” Layer
Unlike some rural parts of Bucks County, Bensalem Township has an active Code Enforcement department that regulates rental properties.
The Rule: Every rental unit in Bensalem must pass a township inspection before it can be legally rented to a new tenant.
Why It Matters: This isn’t just red tape; it’s a safety check. Inspectors look for working smoke detectors, safe electrical outlets, and proper egress windows. If you suspect your rental is an illegal “off-the-books” unit, it likely hasn’t passed this inspection.
Your Rights: You have the right to a safe, sanitary home. If your landlord refuses to fix a broken heater in January or a leaking roof, the township’s Building and Planning Department can cite them for code violations.
3. Eviction: The Clock Starts with “Notice”
Contrary to popular belief, a landlord cannot just change the locks on a Friday night. Pennsylvania requires a formal legal process.
The Notice: For non-payment of rent, a landlord must typically give a 10-day “Notice to Quit” before filing for eviction.
⚠️ Important Warning: Some leases contain language that waives your right to this 10-day notice. Always read the fine print before signing. If you’re unsure what you’ve agreed to, review your lease carefully or consult with a tenant advocate.
The Hearing: If you don’t leave after receiving notice, the landlord must file a complaint with the local Magisterial District Court. In Bensalem, this usually means a trip to the court on Street Road or Hulmeville Road.
The Appeal: Even if a judge rules against you, you generally have 10 days to file an appeal to the Court of Common Pleas in Doylestown, which can delay the eviction process while the case is reviewed.
4. “Repair and Deduct”: Tread Carefully
A common question we get is: “Can I stop paying rent if the AC breaks?”
The Short Answer: No. Simply stopping payment will likely get you evicted.
The “Warranty of Habitability”: Pennsylvania law implies a warranty that every rental must be safe and livable—meaning it must have heat, water, and a structurally sound roof.
The Process: If a major system fails, follow these steps:
- Notify your landlord in writing immediately. Email works, but certified mail with a return receipt is better.
- Document everything—take photos or videos of the problem and keep copies of all correspondence.
- Give your landlord reasonable time to make repairs (what’s “reasonable” depends on the severity—a broken heater in January is more urgent than a cosmetic issue).
- If they don’t respond, you may be able to repair it yourself and deduct the cost from rent, or place rent into an escrow account—but this is legally risky.
We strongly recommend consulting with a tenant rights organization or attorney before withholding a single dime.
5. Rent Increases and Lease Renewals
Pennsylvania does not have statewide rent control, which means landlords can generally raise rent by any amount—but there are important limitations.
During Your Lease: Your landlord cannot raise rent in the middle of a lease term unless the lease specifically allows for it.
At Renewal: When your lease expires, your landlord can propose a new rent amount. You are not required to accept it. However, if you have a month-to-month tenancy, your landlord must give you at least 30 days’ written notice before increasing rent.
Discrimination Protections: Under federal and state Fair Housing laws, landlords cannot raise your rent or refuse to renew your lease based on race, color, national origin, religion, sex, familial status, or disability. If you suspect discrimination, contact the PA Human Relations Commission or the U.S. Department of Housing and Urban Development (HUD).
Sources & Resources
Pennsylvania Landlord-Tenant Act of 1951: The foundational state law governing rental agreements. Available at www.legis.state.pa.us
Bensalem Township Building & Planning Department: For reporting code violations or checking rental licenses.
Phone: 215-633-3644
Address: 2400 Byberry Road, Bensalem, PA 19020
Legal Aid of Southeastern PA: Provides free legal help to low-income residents in Bucks County facing eviction.
Phone: 215-981-3800
Website: www.lasp.org
PA Office of Attorney General: Consumer Protection guide on rental issues.
Website: www.attorneygeneral.gov
PA Human Relations Commission: For filing housing discrimination complaints.
Phone: 717-787-4410
Website: www.phrc.pa.gov
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Housing laws can change. If you are facing eviction or a serious dispute, please contact a qualified attorney.
