Upper Darby, PA Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Certifying agencies
- Licenses & Inspections or Public Health Dept.
- Effect
- Rent duty suspended once dwelling certified unfit
- Escrow window
- Landlord paid if recertified within 6 months
- Eviction bar
- No eviction while rent is in escrow
- Adopted
- 1977, Ordinance No. 2528
Summary
When Upper Darby's Department of Licenses and Inspections or Department of Public Health certifies a rental dwelling unfit for human habitation, tenants may stop paying rent to the landlord and instead deposit it in an approved escrow account, and the landlord cannot evict them while rent sits in escrow.
Notwithstanding any other provision of law or of any agreement, whether oral or in writing, whenever the Department of Licenses and Inspections or the Department of Public Health of Upper Darby Township certifies a dwelling as unfit for human habitation, the duty of any tenant of such dwelling to pay and the right of the landlord to collect rent shall be suspended without affecting any other terms or conditions of the landlord-tenant relationship, until the dwelling is certified as fit for human habitation or until the tenancy is terminated for any reason other than nonpayment of rent. During any period when the duty to pay rent is suspended, and the tenant continues to occupy the dwelling, the rent withheld shall be deposited by the tenant in an escrow account in a bank or trust company approved by the Township and shall be paid to the landlord when the dwelling is certified as fit for human habitation at any time within six months from the date on which the dwelling was certified as unfit for human habitation. No tenant shall be evicted for any reason whatsoever while rent is deposited in escrow.
Full Breakdown
Chapter 243, Article I of the Township Code, adopted in 1977 by Ordinance No. 2528, is Upper Darby's core local habitability protection for renters. Section 243-1 does not set physical maintenance standards itself, those live in the adopted property maintenance and building codes, but it gives tenants a self-help remedy once a dwelling has been officially certified unfit. Certification must come from either the Department of Licenses and Inspections or the Department of Public Health; once issued, the statute suspends both the tenant's duty to pay rent and the landlord's right to collect it, while leaving every other lease term, including the tenant's right to remain in possession, untouched.
The tenant does not get to keep the withheld money: it must go into an escrow account at a bank or trust company approved by the Township, and it stays there until the dwelling is recertified as fit, at which point it is released to the landlord, so long as recertification happens within six months of the unfit finding. Escrowed funds are not simply frozen for the landlord's benefit either; the ordinance allows escrow money to be used to actually make the dwelling fit or to pay utility bills the landlord owes but refuses or cannot pay, giving tenants and the Township a practical lever to force repairs rather than just withholding pressure.
The strongest tenant protection is the eviction bar: § 243-1 states flatly that no tenant may be evicted for any reason while rent remains on deposit in escrow.
Violations & Fines
Section 243-1 is a tenant remedy, not a penalty provision: it does not fine landlords directly. Its enforcement mechanism is the suspension of the rent obligation itself, the diversion of rent into a Township-approved escrow account, and an absolute bar on evicting a tenant while that escrow balance remains on deposit, which the landlord cannot access until the Township recertifies the unit fit for habitation.
Frequently Asked Questions
Can I stop paying rent in Upper Darby if my apartment is condemned?
What happens to my escrowed rent if repairs are never made?
Can my landlord evict me for withholding rent in escrow?
Sources & Official References
Other rules in Upper Darby
Compare Upper Darby to another location·View the Pennsylvania rental property rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.