Pennsylvania Commercial Lease Agreement

Pennsylvania allows commercial landlords to 'distrain' (seize) a tenant's personal property located on the premises to secure unpaid rent. This is a pre-judgment remedy that gives PA landlords significant leverage, but the procedure must be strictly followed or the landlord faces liability.

No. Pennsylvania has no commercial rent control laws, and state preemption prevents local governments from imposing rent control on any property. Commercial rents and escalation clauses are freely negotiated.

The Realty Transfer Tax applies to long-term commercial leases and lease assignments. In Philadelphia, the combined rate is 4.278% of the consideration. State law imposes a 1% tax; Philadelphia adds 3.278%. Consult a tax attorney before assigning a Philadelphia commercial lease.

For non-payment of commercial rent, the landlord serves notice (often 10 days under the lease). If unpaid, the landlord files a complaint with the Magisterial District Judge (MDJ). A hearing is typically scheduled within 30 days. If the tenant loses and doesn't appeal or vacate, the landlord obtains a writ of possession.