Montco Selling a house with tenants in Pennsylvania
You can sell a rental with tenants in place. A sale generally doesn't end an existing lease, so the buyer usually takes over as landlord. If you need the house empty, Pennsylvania notice-to-quit periods are 15 days for leases of a year or less and 30 days for longer leases (68 P.S. §250.501).
Two ways to sell a tenant-occupied house
- Sell with the tenant in place. Buyers who want a rental often prefer this. The buyer generally takes the property subject to the existing lease and becomes the landlord.
- Sell vacant. Usually wider appeal to owner-occupant buyers. You'd need the lease to end, or the tenant to agree to leave, before closing.
Notice-to-quit periods in Pennsylvania
| Reason | Notice |
|---|---|
| Lease ending or breach, lease of 1 year or less (or month-to-month) | 15 days |
| Lease ending or breach, lease longer than 1 year | 30 days |
| Unpaid rent | 10 days |
A written lease can shorten or waive these notice periods (68 P.S. §250.501(e)), so read the lease first. Notice doesn't remove the tenant by itself. If they don't leave, the landlord must go through the Magisterial District Court.
Security deposits
- Caps: 2 months' rent in the first lease year, 1 month after that (§250.511a).
- Escrow: deposits over $100 must be held in a regulated bank escrow account, and the tenant must be told where. After 2 years, interest belongs to the tenant, minus a 1% fee (§250.511b).
- Return: at move-out the landlord has 30 days to send an itemized list of damages and refund the rest, or risks double damages (§250.512).
Pennsylvania's Landlord and Tenant Act doesn't spell out how a deposit moves to a buyer at sale. The usual practice is to credit the buyer with the deposits and accrued interest in the agreement of sale and to tell the tenant who holds the deposit now. Have your attorney or agent put this in writing.
Local rental licenses and resale inspections
Montgomery County has no countywide rental registration we could find; it's handled town by town. Norristown requires a rental license before a unit can be lawfully occupied. Pottstown has rental registration with a transfer fee for a new owner who keeps renting. Bridgeport requires a use and occupancy permit on sale and on each change of tenant. Check your municipality before you list.
Common questions
Can I sell my house if a tenant lives there?
Yes. A sale generally doesn't end the lease, so the buyer usually becomes the new landlord. Many investor buyers prefer tenant-occupied houses.
How much notice do I give a tenant in Pennsylvania?
Generally 15 days for a lease of a year or less and 30 days for a longer lease, or 10 days for unpaid rent, unless the lease changes those periods (68 P.S. §250.501).
What happens to the security deposit when I sell?
Pennsylvania law doesn't spell it out, so it's handled in the agreement of sale. The usual practice is to credit the buyer with the deposit and interest and notify the tenant.
Do I need a rental license in Montgomery County?
It depends on the town. Norristown, Pottstown and Bridgeport each have their own rental licensing or inspection rules.
Sources: Landlord and Tenant Act of 1951 (68 P.S. §§250.501, 250.511a–250.512); Norristown rental licensing; Pottstown property transfer application. Checked November 15, 2026.