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Lower Merion, PA Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Habitability standard
"Decent, safe and sanitary" (§ 75-15)
Licensing condition
Code compliance required before license issues
Covered areas
Units, sidewalks, stairways, and yards
Cross-referenced code
Property Maintenance Code, Chapter 92
Guaranteed services
Heat, light, water, quiet enjoyment (§ 75-1)

Summary

Lower Merion ties every residential rental license to code compliance: Section 75-17 requires that all dwelling units and common areas, including sidewalks, stairways, and yards, be found compliant with applicable codes before a license issues, and Section 75-15 states the underlying goal of decent, safe, and sanitary rental housing. Section 75-4 separately bars a landlord from retaliating against a tenant once a Fire Prevention, Housing, or Property Maintenance Code violation has been found on the premises.

PREMISES Any parcel of real property in the Township, including the land and any single-family, duplex, or multifamily dwelling structure and appurtenant structures or appurtenant elements, including common areas ... § 75-4. Unfair rental practices. A. Whenever any premises are found in violation of any provision of the Lower Merion Fire Prevention Code (Chapter 78 of this Code), Lower Merion Housing Code (Chapter 75 of this Code) or of the Lower Merion Property Maintenance Code (Chapter 92 of this Code) and a notice of violation has been issued by any authorized department or official of the Township ... § 75-15. Purpose. ... A. It is the purpose of this article to assure that rental housing in the Township of Lower Merion is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration ... § 75-17. ... (6) All dwelling units and common areas, including sidewalks, stairways and yards, must be found in compliance with applicable codes before a residential rental license can be issued for residential rental unit.

Full Breakdown

Section 75-1 of the Lower Merion Township Code defines PREMISES broadly, covering the land itself along with any single-family, duplex, or multifamily dwelling structure and its appurtenant structures and common areas, so the habitability obligations in Chapter 75 reach the whole rental property, not just the interior of a unit. Section 75-15A states the purpose behind Article IV, the Residential Rental Regulations: rental housing in the Township must be decent, safe, and sanitary, and must be operated and maintained so it does not become a nuisance to the neighborhood or an influence that fosters blight or deterioration.

Section 75-17A(6) turns that purpose into a licensing condition: all dwelling units and common areas, including sidewalks, stairways, and yards, must be found in compliance with applicable codes before a residential rental license can be issued for the unit, and Section 75-17A(5) requires the Director's inspection to confirm it. The substantive maintenance standards behind that compliance finding sit in the Lower Merion Property Maintenance Code, Chapter 92 of the Township Code, which Section 75-4A cross-references directly: whenever a premises is found in violation of the Fire Prevention Code, the Housing Code, or the Property Maintenance Code and a notice of violation issues, the owner cannot terminate a lease, withhold services, or change lease terms until the violation is corrected.

Section 75-1 also defines SERVICES to include heat, light, water, and quiet enjoyment as necessities a tenant is legally entitled to under an existing lease or by law, giving the habitability standard concrete substance beyond the general purpose language. Section 75-20C reinforces that none of this waives an owner's separate obligation to comply with the Zoning Code, Chapter 155, so a rental property must clear code compliance on multiple fronts, not just the physical maintenance standard, to keep its license.

Violations & Fines

Renting out a unit or common area that has not been found in compliance with applicable codes violates the licensing condition in Section 75-17A(6), and a landlord who lets a Property Maintenance, Housing, or Fire Prevention Code violation stand and then retaliates against the complaining tenant additionally violates Section 75-4. Noncompliance found during a Section 75-17A(5) inspection can result in license denial or revocation under Section 75-17B, on top of any Property Maintenance Code penalty under Chapter 92.

Frequently Asked Questions

What habitability standard applies to Lower Merion rentals?
Section 75-15 states that rental housing in the Township must be decent, safe, and sanitary, and Section 75-17A(6) makes that concrete by requiring that all dwelling units and common areas, including sidewalks, stairways, and yards, be found in compliance with applicable codes before a residential rental license can be issued.
Which code sets the actual maintenance standards?
Chapter 75 cross-references the Lower Merion Property Maintenance Code, Chapter 92, and Section 75-4A treats a Property Maintenance Code violation the same as a Fire Prevention or Housing Code violation for purposes of the rental article's protections and compliance findings.
What services is a landlord required to provide?
Section 75-1 defines SERVICES to include heat, light, water, quiet enjoyment, and any other necessity or convenience a tenant is legally entitled to under an existing lease or arrangement of tenancy or by law or ordinance, tying the habitability standard to specific, enforceable items.

Sources & Official References

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