Pennsylvania: Residential Lease Execution Formalities

Requirements one by one

Writing threshold

Pennsylvania's cutoff is more than three years. Section 201 says a term of
not more than three years may be created “by oral or written contract or
agreement.” Section 202 then requires a lease for more than three years to be
written and signed.

That is a duration rule, not a general preference for oral leases. Other
substantive disclosures or the parties' own terms may still require a writing,
but §§ 201–202 do not impose the more common one-year statute-of-frauds line.

Required signatures and authority

For a term longer than three years, § 202 requires the writing to be “signed by
the parties making or creating the same.” It also permits the landlord and tenant
to act through their respective agents only when those agents are lawfully
authorized in writing.

This differs from a party-to-be-charged statute. The Pennsylvania text speaks in
terms of the parties creating the long lease, so the covered instrument uses the
signatures of both sides or their properly authorized agents.

Witness, acknowledgment, and notary

Sections 201–203 require no witness, acknowledgment, seal, or notarization to
make an ordinary lease valid between landlord and tenant. The acknowledgment
appears in a different statute and for a different purpose: 1959 Act 86 requires
the lessor's lawful acknowledgment when the lease or a memorandum is recorded.

For a memorandum, all parties execute the memorandum, while the lessor supplies
the acknowledgment. That recording formality should not be imported into an
unrecorded residential lease.

Electronic execution

The Electronic Transactions Act applies to transaction records and signatures,
subject to its listed exceptions. Sections 301 and 303 make an electronic record
and signature legally sufficient only when the parties have agreed to conduct the
transaction electronically.

Residential leases also implicate the Act's consumer chapter. Under § 901, a
nonelectronic consumer contract cannot simply bury authorization for electronic
dealings in the contract: the consumer must give a separate, express
acknowledgment identifying which parts will be electronic and how. Electronic
payment alone does not prove that agreement. Sections 902–903 make the
consumer safeguards nonwaivable and deny effect to a purported send or receipt
when a party actually knows it did not occur.

Renewal, modification, and term form

A renewal or extension that creates a lease term longer than three years falls
under § 202's signed-writing rule. Under § 203, a lease created for more than
three years cannot be assigned, granted,
or surrendered except through a writing signed by the party making that change
or the party's agent, unless the change occurs by operation of law.

The statute does not impose that special assignment-or-surrender writing rule on
a lease whose original term was three years or less.

Recording and third-party effect

Pennsylvania's 1959 Act 86 makes lease recording optional unless another law
requires it. The parties may record the full lease, or they may protect the terms
through a memorandum executed by every party and acknowledged by the lessor.

The memorandum must identify the parties and premises, the lease date and
commencement rule, the term, the final expiration of any extension or renewal
right, and the period for any purchase or refusal right. Section 4 says proper
recording gives constructive notice of the lease and its provisions to later
purchasers, mortgagees, and judgment creditors of the lessor. Section 5 preserves
actual or constructive notice available under other law.

Effect of noncompliance

Section 202 supplies an unusually specific consequence. A lease for more than
three years that is not written and signed has only the force of a tenancy at
will. If the tenancy continues for more than one year and both landlord and
tenant recognize it by claiming and admitting rent liability, the statute changes
the result to a year-to-year tenancy.

Act 86 uses a narrower recording consequence. It gives statutory constructive
notice when a lease or memorandum is recorded; it does not say failure to record
voids the lease between its original parties.

What trips people up

Pennsylvania uses a three-year line. A three-year term is within § 201's
oral-or-written category. Section 202 begins only when the term is longer than
three years.

A lease copy and an electronic record are different issues. The complete
current Landlord and Tenant Act contains no general deadline for delivering a
fully executed lease copy. If another law does require written electronic
delivery, Electronic Transactions Act § 304 requires a record the recipient can
retain and makes a print-or-storage-blocked record unenforceable against the
recipient.

Two proposed rent-reporting bills are not current law. HB 2597 and SB 1364
would add written notice and a tenant-signed receipt for covered 15-or-more-unit
landlords, including when the underlying lease is oral. Both remain in their
first committees.

Common questions

Must a lease for exactly three years be written? Not under the duration rule
in § 201. “Not more than three years” may be oral or written; a longer term
crosses into § 202.

May the parties record a short lease? Yes. Act 86 does not set a minimum
term. It permits recording a lease, sublease, agreement, or qualifying
memorandum unless another law supplies a different rule.

Does the memorandum have to disclose the rent? Rent is not in Act 86 § 2's
nine-item minimum list. The memorandum must disclose the specified parties,
property, timing, term, renewal or extension, and purchase-or-refusal information.

Statutes and sources

• Landlord and Tenant Act of 1951 §§ 201–203 — oral-or-written leases up to
  three years, the longer-term signed-writing and written-agent-authority rule,
  noncompliance consequences, and written assignments, grants, or surrenders.
  https://www.legis.state.pa.us/wu01/li/li/us/pdf/1951/0/0020..pdf
  (accessed 2026-07-29)
• Pennsylvania Electronic Transactions Act §§ 104, 301, 303–304, 901–903 —
  scope, party agreement, electronic writing and signature, retainable delivery,
  and nonwaivable consumer-consent and receipt rules.
  https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=PDF&SessYr=1999&ActNum=0069.&SessInd=0
  (accessed 2026-07-29)
• Act of June 2, 1959, P.L. 454, No. 86 §§ 1–5 — optional recording of a
  lease or all-party-signed memorandum, lessor acknowledgment, memorandum
  contents, and constructive-notice effect.
  https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=PDF&SessYr=1959&ActNum=0086.&SessInd=0
  (accessed 2026-07-29)