For details, see Pennsylvania Required Landlord Disclosures. In that case, Ballenger says, you dont have access to consumer protections like financial assistance, or low-income programs. Like most other contracts, it can be oral or in writing. The Pennsylvania Landlord-Tenant Act does not allow for a separate pet deposit (aside from a security deposit). While youre legally required to provide access to heat and hot water, it may be the tenants responsibility to set it up and pay for it. 250.101). ft. home is a 1 bed, 1.0 bath property. If the landlord does not make the necessary payments to restore service, you and any other tenants may have to make the payments in order to get the service restored. Is a rental license required to be a landlord? Utility Disclosure: A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenants dwelling is liable to the tenant if the utility company has cut off utility service to the tenants dwelling. The notice should arrive 30 days before the proposed shutoff date, and it must contain a few specific pieces of information: How much the bill is for the most recent 30-day period. If there are three units in a building, then there must be three separate meters for each of the apartments and a separate meter for the common areas. And check out our tips to make your rental lease even better. * Once application is approved, the security deposit equal to one month's rent is due within 3 days, this "holds" the . Got a question? The landlord is not required to collect a security deposit from the tenant. In most states, subleasing is not allowed unless the landlord consents. The attorney listings on this site are paid attorney advertising. For details, see Pennsylvania Required Landlord Disclosures. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Once the utilities have been shut off, the situation may become more complicated. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. %PDF-1.4 Specifically, the landlord is required to maintain the stairways, passages, roadways and other common facilities on the premises and further, has the duty of maintaining the premises for safe use. Assist lawyers by researching . Tenants are protected through the Public Utility Code for the resale, but other protections may be under the landlord/tenant law. LANDLORD-TENANT LAW Generally speaking, most aspects of a landlord-tenant relationship are controlled by the Landlord and Tenant Act of 1951 (68 P.S. If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant a total of thirty days (the first ten plus twenty more) to get the items. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. Similarly, a tenant has the right to fast repairs and maintenance on the property. The cookie is used to store the user consent for the cookies in the category "Performance". Tenants have the right to the following . Any landlord, agent or employee of the landlord who threatens or retaliates against a tenant can be liable for damages equal to two months rent or the actual damages sustained by the tenant, whichever is greater, and the costs of suit and reasonable attorneys fees. Whenever the landlord sues the tenant, the tenant has the right to defend him or herself. Typical duties of the landlord. And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, you do have rights. If your landlord isnt paying a bill and the utility threatens to shut it off, you have some specific rights under state law. Most notably, the code requires landlords to provide tenants with a copy of the City of Philadelphia Partners for Good Housingbrochure. But what happens if they arent keeping up with payments? However, if the lease does not state how much notice is required, the general rule is as follows: Next, the landlord files the complaint with the appropriate District Justices office. Similarly, there are no legal requirements for how rent is to be paid. The shut off can be stopped for a maximum of 30 days at a time. Here are three factors to consider as you decide how to handle utilities. While there arent any restrictions on charging the tenant with late fees, most landlords do charge late fees, which should be reasonable under the circumstances. Ivanov Aleksey y / Getty Images/iStockphoto. Find Plainfield New Jersey Landlord & Tenant attorneys near you. These cookies ensure basic functionalities and security features of the website, anonymously. If the utility wont give you notice, PhillyTenant.org suggests contacting the Water Revenue Bureau at 215-685-6300 and asking for an informal hearing request form (or, if its Peco or PGW, you can file an informal complaint with the Pennsylvania Public Utility Commission at 800-692-7380). Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. However, be carefulyou may need to put down a sizable deposit and it may also affect your lease. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. You can also sign your own ready-to-sign lease agreements with Avail at no additional cost to either party. Once the complaint has been filed, the hearing occurs, in which both the landlord and tenant present their cases. The lease agreement should also state if theyre responsible for setting up those utilities once moved in or include the utility fees in their rent payments. Its never been easier to create, modify, and sign a rental agreement. Tara is a senior trial attorney with GEICO. If the landlord tries to evict you without following the Landlord/Tenant Act, by doing something such as changing the locks or shutting off your utilities, you should contact the Office of Consumer Protection for assistance at (814) 871-4371 or 1-800-441-2555. If your current rent price is on the higher end for your area, then adding utilities may limit the number of tenants that can afford to rent your property. If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. If the landlord breaks his obligation to keep the premises in a reasonable condition, this may relieve the tenant from his obligation to pay part or all of his rent until the landlord makes necessary repairs. Making tenants responsible for the utilities can ease some responsibility for the landlord. We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. Do landlords have to pay interest on security deposits in Pennsylvania? how you can stop the service from being terminated, the landlord's bill for the last 30 days of service, and. All Rights Reserved. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. That should trigger the process of getting the tenants service restored, and getting the tenant in a position to make those ongoing payments to maintain service, he says. Standard Limit/Maximum Amount - 1.5 months' rent. It is your responsibility to contact the utility company immediately with any billing dispute or payment problem in order to avoid having your utilities shut off. Does There Have to Be an Individual Meter for Each Apartment? Please browse PhillyTenant.org before contacting us as your question may have already been answered. Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet. The landlord is required to return either part or all of the security deposit to the tenant. And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. If a rental unit is not individually metered, then the landlord is responsible for the utility billincluding any past due balance. Pennsylvania Accepting Applications for Homeowner Assistance Fund, Custody Proceedings - Representing Yourself, Divorce Proceedings - Representing Yourself, Get the latest news items of interest to the legal aid community and it's clients on PALegalAid.Net. The eviction notice must be personally delivered to the tenant or posted on the dwelling. These laws also require those who operate transportation services to allow service animals. In Pennsylvania, these often include: Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights . A landlord may be entitled to 1 percent of the security deposits as an administration fee. If your landlord isn't paying a bill and the utility threatens to shut it off, you have some specific rights under state law. During the first year of any lease, the landlord may only charge a security deposit less than or equal to two months rent. You also may be able to have the utility service transferred to your name. Landlord Tenant Rights If payment has been accepted for rent (and/or a written or oral lease exists), a renter has inherent rights under landlord tenant law. After you tell the utility about this medical condition, you will need to get a doctor or nurse practitioner to call or send a statement to the utility company confirming the medical condition. Pennsylvania Landlord Tenant Laws. For example, if your normal rent is $300 per month, you can countersue the landlord for $600. It must also be in good repair pursuant to the landlords impliedwarranty of habitability, an implied right in every written or oral residential lease. Also, the Cornell Legal Information Institute provides the entire U.S. Code as well as the Code of Federal Regulations. Further, the tenant shall not disturb the peaceful enjoyment of the premises by other tenants and neighbors. Mg*?S~# wD6Zdr ^mtRW8-@[q(`79rbL@4anU$g>GN{J 1 > h+F#OGAM&LiS}t]|(?n. This responsibility of the landlord extends not only to the individual tenant, but also to his family, servants and employees, business visitors, and social guests. However, even if you cannot pay the whole amount owed, you can take steps to keep your utility service on. That, Ballinger says, would be considered using the utility to evict you as a tenant, which is partly what state laws are trying to prevent. This article is part of our guide to tenants rights in Philadelphia. However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital . These often include: Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. In Pennsylvania, tenants are allowed to withhold rent when a Government agency or department certifies that the premises are uninhabitable. In the state of Pennsylvania, a rental agreement is valid wherever a tenant agrees to exchange rent for occupying a property. comply with all obligations imposed upon tenants by applicable law. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. 5 0 obj The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. There are no specified lease renewal provisions in Pennsylvania. Dealing with Abandoned Belongings If there are tenant's belongings left on the property after the lease has terminated OR the tenant has abandoned the property, the landlord must send the tenant a written notice by first mail informing him or her of the belongings. ; Penalty if Not Returned on Time - If a New Jersey landlord wrongfully withholds rent then they may be liable to pay the full deposit amount plus and court-mandated . Tenants can sue landlords in District Justice Court or Philadelphia Municipal Court (depending upon their location) for the return of their deposit, up to a dollar amount of $12,000. Additionally, the lead paint and disclosure certification law requires landlords to ensure that any property where children 6 years and younger reside is free of lead. 250.101-250.602. If the tenant is withholding rent, he or she tenant can elect to deposit rent into an escrow account rather than pay the landlord directly. Landlord-tenant law in Philadelphia is essentially the same as Pennsylvania state law, with a few minor exceptions: Housing rental licenses are required for any type of housing rental in Philadelphia. Finally, if the landlord does not return the tenants security deposit within the 30 days, the landlord may be liable to pay the tenant double the amount of the deposit they are owed. @` u08#T+z"w(p&]%0>JoNB96@} !7JH sBpY/>:Pbc. On one hand, requiring tenants to pay for utilities can alleviate the cost from you, but there are pros and cons to having rent including utilities. Find Smithmill Pennsylvania Landlord & Tenant attorneys near you. You may also be able to apply to have future bills issued in your name. Allow tenants to set up recurring payments Earn up to $500 in account credit by referring 10 fellow DIY landlords to create an account on Avail. Energy Coordinating Agency Of Philadelphia (215) 988-0929, Utility Emergency Services Fund (UESF) (215) 829-0545. They are also liable if the utility company has given written notice to the tenant that such utility service is about to be cut off because of the landlords nonpayment of the utility bill. Included within this brochure is a set minimum health, safety, and maintenance standards for houses and apartments in Philadelphia, as well as the responsibilities of owners, tenants, and landlords for maintaining houses and apartments in a safe and clean condition. Or, if you don't know the exact statute number, you can enter a keyword that is likely to be in it, such as "nonpayment of rent.". This can simplify things for both landlords and tenants. Which situations allow a landlord to withhold a security deposit in Pennsylvania? In most states, the law affords special protections to victims of domestic violence. Read on to learn more about Pennsylvania tenant rights laws. Furthermore, the Pennsylvania landlord-tenant laws don't currently include state rent . Utilities are basic necessary services provided to residential properties by public companies. A landlord cannot, however, cut off your utilities as a way to force you out. There is no legal requirement for late fees. Nick Vadala is a staff writer for the Inquirer, writing about arts, travel, food and drink, and civics. a telephone number at the utility company where you may call for an explanation of your rights. Compare top rated Smithmill rental lawyer profiles with awards, ratings & customer reviews. HiUpuT. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. !,ze&G;]Vv')0h-*&mCnLa931mixMUDF?g::Xc&n=1vo!fN5EUDXBc0BEI`:Wa|? b]Rt!!\S}gXg0F|{pZ.!Y*( Y'Zj,iM&hbk 75|k-;*sh,yuL`ZmxTws`XwvrE.Xu }!2FUG&}|~u:BQJyJ? uT$vO;M7am)}Ny^3Srru8e?[Be@MSV t hJbmd 182qUkMwQu33hGeu Ol F[iDtcL OG>n_on1;B]6z;P:^Sb1 s nvl>|jWnBEE{dc4`az0 [qFk/0-bcjr5h`9\au&:PN uSrGt%.~u{}Q+=]m[3>hU)mpJJnt47ur{z[V@n$`Cz*T P:an $]EP~00j>a8n^1s %.e. After a landlord receives a tenants security deposit and places it into an account, the landlord must notify the tenant in writing with the name and address of the bank and amount of security deposited. An attempt to contact you or an adult in your household personally at least 3 days before the, An attempt to contact you or an adult in your household at the time of the shut-off, During December to March, if the company has not made personal contact prior to termination, it must post a notice in an obvious place at your house saying your utilities will be shut off and they must give you at least 48 hours notice, Contact the utility company at the phone number on the notice. Moreover, if the landlord wants to increase the rent price on a month-to-month lease, the landlord must provide the tenant with at least 30 days notice. The accrued interest will belong to the tenant and must be paid to them yearly. "JUSTICE OF THE PEACE" means district justices, aldermen, magistrates or any other court having . She is also a member of the Union County NJ Civil . Is a security deposit required in Pennsylvania? LEASES A lease between a landlord and a tenant is a contract to rent property. We recommend having a signed rental agreement, no matter how long the rental term, for added legal security. Discontinuance of Service to Leased Premises Act. after the tenant has vacated the premises. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! Here's what you need to know. Pennsylvania has an estimated 12.8 million residents. Do landlords in Pennsylvania have to provide notice of entry? Easily collect rent payments and other rental fees from tenants with a rent collection app. Tenants who have lived at the dwelling unit for less than 1 year must be served a 15 days' [2] notice to vacate. While there arent any restrictions on charging the tenant with late fees, most landlords do charge late fees, which should be reasonable under the circumstances. But right now, Pennsylvania and Philadelphia have some moratoriums against shutting off utilities due to nonpayment because of the coronavirus. Create an account to make a lease agreement for your rental and collect rental fees from tenants. These cookies track visitors across websites and collect information to provide customized ads. Click here for a standard sublease template in Pennsylvania. the date on or after which they will turn off your utility service. This article is designed to convey information, and not for the purpose of providing legal advice. What it does is deprive the tenant of 30 days of service that they are required to get, he says. The cookie is used to store the user consent for the cookies in the category "Analytics". The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Copyright Housing Equality Center of Pennsylvania 2023. Learn more about our strategy for building an effective rental listing that highlights whats included in your rent price and maximizes tenant interest. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. The notice must be given in writing and must state the nature of the repair. You also have the option to opt-out of these cookies. There are no provisions regarding rent control in Pennsylvania. This clause informs the tenant that you agree to provide access to heat and hot water. Congress has enacted laws, and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have adopted regulations, covering discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint. Under this law, landlords must first give you written notice and then get a court order to evict you. As stated above, the landlord may owe the tenant interest on the amount, so in that case, the deposit would need to be held in a separate, interest-bearing account. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. You will still be obligated to pay all utility bills that you do not dispute, including any bills you are receiving while the complaint is ongoing. 2. Find Burnham Pennsylvania Landlord & Tenant attorneys near you. | Design by LIMIT8, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Fair housing (housing discrimination) information is included throughout the entire handbook. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. If so, for what purposes? However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. Are there any provisions regarding rent control in Pennsylvania? Get a printable renter application AND learn how to screen Pennsylvania tenants securelyfree for landlords. If you are a victim of domestic violence and have a valid Protection from Abuse Order (PFA), there are special procedures and protections for handling your utility service. Is there a legal requirement for late fees in Pennsylvania? If you and your utility company cannot agree, call the Public Utility Commission (PUC) at. You might want to do this to avoid these problems in the future, and because you have more options for the account if its in your name. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. If your lease is in writing, make sure that the lease outlines who is responsible to pay for utilities. In addition to accessing state laws via Nolo's website, Pennsylvania statutes are available in many public libraries and in most law libraries that are open to the public (typically found in a county courthouse or at the state capitol or in a publicly-funded law school). Get Started. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Find Blair County Pennsylvania Landlord & Tenant attorneys near you. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. Subleasing occurs when the original tenant rents the unit to another individual. If landlord doesnt pay gas, electric or water bills the tenant should not be required to pay the back bill to keep services on. Are rental agreements required in Pennsylvania? PALawHelp.org is a project of the Pennsylvania Legal Aid Network and the Legal Services Corporation. x\Ks WA,BM4^+-UV*C{=#ummH@ [r)_=}?*S~~:W%2iB~N+b1{S|TYs >R+x=2 Is|-W0o&|?r#="4[;k He grew up in Delaware County's Morton borough and has a degree in journalism from Temple University. notice between September 1st and April 1st. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. State law regulates several rent-related issues, including how much time (10 days in Pennsylvania) a tenant has to pay overdue rent or move before a landlord can file for eviction. The Landlord/Tenant Act requires your landlord to give you a written eviction notice. Most commonly, if your landlord is responsible for paying a utility bill, its most likely going to be the water bill, says Robert Ballenger, codirector of Community Legal Services of Philadelphias energy unit. One reason: Unlike other utilities, if the water bill doesnt get paid, the city can place a lien on the property, so landlords may prefer to keep the bill in their name in case the tenants dont pay. Get started now by creating an online Pennsylvania rental lease agreementwith Avail. This cookie is set by GDPR Cookie Consent plugin. The length of payment agreements is determined by law. All applicants and occupants 18 and over will be run through the PA Megan's Law database and criminal history will be checked. Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. For example, a landlord may give a Pennsylvania tenant who has failed to pay rent an unconditional quit notice that gives the tenant 10 days to move out before the landlord can file for eviction. (the first ten plus twenty more) to get the items. Help prepare lawyers for meetings and court hearings. Regarding a year-to-year or definite lease term, at least 30 days notice is required if the landlord wants to make any changes to the lease or terminate the tenancy. Who Is Responsible for Paying the Utility Bill? Heat and Hot Water Clause. What are the rules and regulations pertaining to receipt of rent payments in Pennsylvania? There is an anti-retaliation provision in the law that presumes illegal retaliation if an owner seeks to raise the rent or evict a tenant within 6 months of the tenant exercising their rights under the Pennsylvania Utility Code except in cases of nonpayment of rent. Charge a flat monthly fee for utilities (youll want this to be the average utility cost each month). One method many landlords and property managers use to charge their tenants for utilities is including the estimated cost in the monthly rent. Analytical cookies are used to understand how visitors interact with the website. Operate transportation services to allow service animals PhillyTenant.org before contacting us as your question have... Dont have access to these necessities, but other protections may be under the landlord/tenant requires. The attorney listings on this site are paid attorney advertising your own lease... Necessities, but other protections may be entitled to a judgment for possession of security. 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