What happens if a Philadelphia landlord doesn’t have a lead certificate?

Short answer: without a valid lead-safe or lead-free certificate, the City won’t issue or renew your rental license and you can’t sign or renew a lease (§ 6-803(3)(a)). The Code sets a fine of up to $2,000 per offense, with each day a separate offense (§ 6-811). Your tenant can sue (§ 6-809(3)), and you can’t recover possession or collect rent for the period you were out of compliance (§ 6-809(4)).

This guide explains what the law says in plain English. It isn’t legal advice: if you’re facing a violation, a lawsuit or an eviction case, talk to a lawyer about your situation. The full law is Philadelphia Code Chapter 6-800, Lead Paint Disclosure and Certification.

Who the law covers

The certificate rule applies to “Targeted Housing”: property built before March 1978 that’s used as housing, even if it was renovated later. The City presumes a rental was built before March 1978 unless you can show otherwise. (§ 6-802(14))

• Every ZIP code, with or without children. The law was phased in by ZIP code from October 1, 2020. Since April 1, 2022 it applies across the whole city, whether or not a child lives in the unit. (§ 6-802.1(1)(c))
• Every unit. Each unit on a rental license needs its own certificate. The City won’t renew the license until results for all units are in. (City lead certification FAQ)

What’s not covered:

• Buildings built after February 1978. A gut rehab of an older building doesn’t count. (City lead certification FAQ)
• Housing built by or for a school only for its students, where non-student family members can’t live. (§ 6-802(14))
• Hotels that hold rental licenses, according to the City. (City lead certification FAQ)

Not sure if your building qualifies? See Do I need a lead-safe certificate?

What the law requires, and when

Under § 6-803(3)(a), no rental license can be issued or renewed, and no landlord can enter into a lease, for Targeted Housing unless the landlord has:

1. given the tenant a valid certificate from a certified lead inspector saying the property is lead-safe or lead-free;
2. had the tenant acknowledge receipt by signing a copy; and
3. given a copy of the certificate to the Department of Public Health.

The details that trip landlords up:

• Renewals count. A lease includes a renewal, and that includes an automatic renewal. You don’t need a new certificate at renewal if the one you gave the tenant is still valid. (§ 6-803(3)(a))
• No tenant yet? You still need a current certificate on file with the Health Department before the City will issue the rental license. (§ 6-803(3)(a))
• What “valid” means. A lead-safe certificate must be based on an inspection no more than 48 months before the rental license is issued (or, with no license, before the lease is signed). A lead-free certificate can be from any time before. (§ 6-802(15)) Check your date with our status and expiry guide.
• What a lead-safe certificate has to say. No deteriorated paint, and dust wipes collected under EPA rules that came in under the lead dust limits, with the lab report attached. Since January 12, 2026 those limits are lower: see the 2026 dust limits. (§ 6-803(3)(b))
• The landlord pays. The cost of getting the certificate is the landlord’s, not the tenant’s. (§ 6-803(3)(b))
• Family child-care homes. A Family Child Day Care facility in a building from before February 1978 needs a valid lead-safe or lead-free certificate to get its license. (§ 6-814) See lead-safe requirements for daycares.

What the City can do

The City’s FAQ answers “What are the penalties?” this way: the owner can’t renew the rental license without a valid certificate, and the Health Department will proceed with legal action, which may include code violations, Notices of Violation and fines. (City lead certification FAQ) Here’s what the Code itself says:

The $2,000 is a maximum per offense set by the Code. We don’t know of a published City schedule of what’s actually charged, so we don’t quote one.

What it means for leases and evictions

This is where a missing certificate hurts most.

• No possession, no rent. A landlord who hasn’t met the certificate rule in § 6-803(3)(a) “shall be denied the right to recover possession of the premises or to collect rent during or for the period of noncompliance.” (§ 6-809(4))
• Eviction filings need the certificate. In any eviction or rent-collection case, the owner has to attach a copy of the certificate, or proof the property isn’t Targeted Housing. (§ 6-809(4)) The City says owners may be prohibited from evicting while the matter is pending. (City lead certification FAQ)
• The lease can’t waive it. Any attempt to waive the law is void. A tenant doesn’t give up these rights by time passing during the lease, or by showing up as the defendant in an eviction case. (§ 6-812)
• Every lease must offer an independent inspection. Every lease, written or oral, has to say in writing that the tenant has 10 days to get their own lead inspection and risk assessment, at their own expense. If it finds lead-based paint or lead-based paint hazards, the tenant can end the lease within two business days of getting the report and get back the money paid. Renewing tenants get 10 days to give notice and up to 90 days to move out. (§ 6-804(2)–(3))

If you have an eviction or rent case open, or you’re about to file one, talk to a lawyer before you do anything else.

What tenants can do

• Report it. The City tells renters whose landlord hasn’t certified the property, or whose certificate has expired, to report it to 311 or the Lead and Healthy Homes Program at (215) 685-2788, and to contact a legal advisor. (City lead certification FAQ)
• Check the certificate. Anyone can look up a property’s certificate status in the City’s open data. See how to check a certificate’s status.
• Go to court. A tenant who wins a case under § 6-809(3) is entitled to: an order making the landlord get the certificate and do the work to make the property lead-safe; damages for any harm caused; exemplary damages of up to $2,000; abatement and refund of rent for the time they lived there without the required certificate; and attorney’s fees and costs.
• No retaliation. No one may retaliate against a person who uses these rights in good faith. (§ 6-803(3)(j))

Tenants have a duty too: they must give reasonable access for the lead test and any repairs, and the landlord must give reasonable notice. (§ 6-803(3)(f)) The City says that means at least 5 days’ notice. If a tenant refuses entry, the City tells landlords to ask in writing (email or mail) and send that, with proof the tenant got it, to the Health Department. (City lead certification FAQ)

How to fix it fast

A missing or expired certificate is fixed the same way as the first one: a passing dust wipe test, a certificate, and a filing with the City.

1. Book the test. Get an instant quote: it shows the price and the date range for your results before you book. Give your tenant at least 5 days’ notice.
2. Prep the unit. Fix peeling paint and clean before the visit: see the prep checklist. A failed visual check or wipe means a re-test.
3. Pick your lab speed. With standard USPS shipping and standard lab time, results take about 6–10 business days after the visit. If a lease, a license renewal or a court date is close, rush lab speeds with UPS shipping can bring that down to as soon as the next business day. See what to expect.
4. Give the tenant a copy. When you pass, give the tenant the certificate and have them sign a copy to acknowledge it. (§ 6-803(3)(a))
5. Upload it to the City. File the certificate and lab report for each unit on the City’s lead certification portal. Our portal guide walks through it field by field.
6. Check it went through. Make sure every unit shows a passing, current certification. (How to check)

If a spot fails, it has to be corrected by a certified renovator and re-tested. (City lead certification FAQ) See failed a lead dust test? The City’s Lead and Healthy Homes Program says grants may be available for lead repairs. (City lead certification FAQ)

More on the City’s rules and the numbers for your ZIP code: Philadelphia’s rental lead law.

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The sections cited on this page

Code text from American Legal Publishing’s online Philadelphia Code, checked November 12, 2026. The online code may lag behind newly passed bills; the City’s official copy controls.