Typical duties of the landlord. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. What happens if your landlord doesn't pay the water bill? Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. stream If the tenant failed to make a timely payment and the utility company charged a late fee to the landlord, then the landlord can impose that late fee on the tenant, but no additional amount. In Philadelphia, the Utility Service Tenants Rights Act applies to the water bill from the Philadelphia Water Department, while the Discontinuance of Service to Leased Premises Act applies to bills from Peco and Philadelphia Gas Works. Your landlord is not legally allowed to interfere with your utility service, even if you are behind in your rent. If you think that you could be a Victim of Crime, help is available. See Utility Shut-Offs. 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. Robert Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy unit. ; 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 . 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. Lease conditions can include keeping the unit clean, not damaging the unit or property, and not disrupting the quiet enjoyment of other tenants in the building. Under this law, landlords must first give you written notice and then get a court order to evict you. They include gas, electricity and water and sewer services. Do late fees need to be in the written rental agreement? Even for leases that are less than 12 months, we encourage our landlords to enter into written rental agreements with their tenants for added legal security. After you contact the utility, your service should be restored, and you should be sent the 30-day notice. Call your utility company to inform them of your PFA so these special procedures and protections can put in place for you. 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. 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. State law also says that you can deduct payments you make on the water bill from your rent. Copyright Housing Equality Center of Pennsylvania 2023. `nv?&H2 1{{OK&G{+yr/ K`MUX7.w%7u,nRmTp9.AKHG9dLE Does Pennsylvania have a law regarding grace periods? By clicking Accept, you consent to the use of ALL the cookies. Landlords are required to change the locks before a new tenant moves in. The cookie is used to store the user consent for the cookies in the category "Other. Landlord rental licenses are not required by Pennsylvania law. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". This may be considered an illegal attempt to evict you without going through proper legal procedures and if this happens or if the landlord threatens this, you should consult an attorney or call legal aid. If you didnt receive a 30-day shutoff notice, you can still pay the water bill and deduct the costs from your rent to get the service turned back on. 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. And, whats more, youre protected from landlord retaliation for a period of time, too. Pennsylvania does not have any specific pet laws. If youre listing your rental in a competitive market, then you can market how your rent price includes utilities to generate interest from prospective tenants. Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities? Is there a specific interest rate required? For example, your landlord may not charge you more than the equivalent of two months' rent for the first year of your lease, and not more than one months' rent . Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. 250.101 to 399.18. Find Blair County Pennsylvania Landlord & Tenant attorneys near you. 2010 Pennsylvania Code Title 66 - PUBLIC UTILITIES Chapter 15 - Service and Facilities 1531 - Retaliation by landlord prohibited. If your landlord makes any change to your rental agreement or tries to evict you within six months, its considered retaliation. The utility company should not allow the tenant to be billed for the service until it is confirmed that the wiring has been corrected. Compare top rated Plainfield rental lawyer profiles with awards, ratings & customer reviews. First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. Whenever the landlord sues the tenant, the tenant has the right to defend him or herself. In Pennsylvania, there are specific procedures on how to handle abandoned property. All rights reserved. What are the rules and regulations pertaining to receipt of rent payments in Pennsylvania? In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. Your rent price should typically be based on seasonality, local rental comps, your operating expenses, and how much profit you hope to generate each month. Manage Your Rentals With Landlord Software. Ask us using the form at the bottom of this article. 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. It must also be in good repair pursuant to the landlords impliedwarranty of habitability, an implied right in every written or oral residential lease. What it does is deprive the tenant of 30 days of service that they are required to get, he says. If you need legal advice in the event that your landlord isnt paying bills for which they are responsible, Ballenger suggests reaching out for help. is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law. See mold pamphlet here. See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Pennsylvania. It does not store any personal data. The cookies is used to store the user consent for the cookies in the category "Necessary". If youve been renting a home or apartment for any amount of time, you know that its not uncommon for your landlord to have some utility bills in their name. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The tenant then has 10 days from the notice date to contact the landlord. Your clause on heat and hot water should also specify who will pay for heat. During the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy, if the landlord requires a security deposit in the amount of one months rent amount, upon termination of the lease, or on surrender and acceptance of the leasehold premises, the deposit, with interest, shall be returned to the tenant. Section403. 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. A pet deposit is viewed in the same manner as any security deposit and the landlord is subject to the same limitations which are described above, that is, no more than two months security deposit may be held for the first year of the lease and, after the first year of the lease no more than one months security deposit may be held. She is also a member of the Union County NJ Civil . Analytical cookies are used to understand how visitors interact with the website. Assist lawyers by researching . 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. 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. Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater. In a survey of our Pennsylvania landlords, 87% had a written rental agreement. Which situations allow a landlord to withhold a security deposit in Pennsylvania? Under the implied warranty of habitability law, the tenants obligation to pay rent and the landlords obligation to maintain habitable (safe, sanitary and fit) premises depend upon each other. If you pay this amount directly to the utility company, they cannot stop service to your home. She has proven results and has tried many jury trials to verdict. <> This article is part of our guide to tenants rights in Philadelphia. 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. 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. In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. Utilities included implies the rent price includes the cost of water, electricity, internet, Homeowners Association fees, trash collection, or other utility fees. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.. comply with all obligations imposed upon tenants by applicable law. 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). For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. This clause informs the tenant that you agree to provide access to heat and hot water. You also may be able to have the utility service transferred to your name. The premises must meet minimum standards of habitability including compliance with applicable building codes. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. What are the Pennsylvania laws on eviction? This cookie is set by GDPR Cookie Consent plugin. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. And the ability to contest inaccurate water bills are off limits because your landlord does not permit you to establish a customer relationship" with the water department. You can also sign your own ready-to-sign lease agreements with Avail at no additional cost to either party. Organize documents and coordinate document productions. Increase your rent price and bundle utilities and rent. The accrued interest will belong to the tenant and must be paid to them yearly. This cookie is set by GDPR Cookie Consent plugin. There is a Pennsylvania law which protects tenants whose landlords fail to pay their bills. Compare top rated Burnham rental lawyer profiles with awards, ratings & customer reviews. Pennsylvania Landlord Tenant Laws. Contact your local legal services for further assistance. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . The eviction notice must be personally delivered to the tenant or posted on the dwelling. The tenant then has 10 days from the notice date to contact the landlord. Pennsylvania landlord-tenant law is pretty landlord-friendly. 60 days) . The sq. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. If you do not believe a utility is providing a payment term you can report them to the Public Utility Commission (PUC) at, Show that you paid your bill or show that there is a disagreement (dispute) about your bill. According to Pennsylvania law (Pennsylvania Landlord and Tenant Act), tenants have certain rights, such as the right to enjoy the property without undue disturbance and the right to a safe and livable space. The attorney listings on this site are paid attorney advertising. These references were compiled from the Pennsylvania Consolidated Statutes and various online sources to serve as a reference and for people wanting to learn about Pennsylvania landlord-tenant laws, Pennsylvania eviction laws, and Pennsylvania renters' rights. Landlord-tenant law in the city of Pittsburgh is the same as statewide law. We also use third-party cookies that help us analyze and understand how you use this website. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. These cookies will be stored in your browser only with your consent. Is a security deposit required in Pennsylvania? Are there required disclosures that need to be given to tenants? The landlord is required to return either part or all of the security deposit to the tenant. Your rights as a tenant: Check out our tenants' rights guide. 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. Under Pennsylvania law, landlords must disclose specific information to tenants (usually in the lease or rental agreement), such as the name and address of the banking institution where the security deposit is kept. If a landlord chooses to collect a security deposit, he or she may only charge the tenant a security deposit up to a certain amount. The tenant shall not destroy, deface, damage, impair, or remove any part of the structure or dwelling unit, or the facilities, equipment, or appurtenances. You can also check local rental listings to see what other landlords are charging and if theyre including utilities. To access the U.S. Code and Code of Federal Regulations online, see Nolo's Federal Law Resources page. . Tenant Rights: Security Deposits, Lease Terminations, and More. Landlords can vary on whether or not utilities are included in rent, but its common for some rentals to include utilities in the rent price. The notice should have a bill for the previous 30 days of service attached. Seek legal counsel as soon as possible if you do this. You may also be able to apply to have future bills issued in your name. In some states, the information on this website may be considered a lawyer referral service. The Pennsylvania Landlord-Tenant Act does not allow for a separate pet deposit (aside from a security deposit). Create Free Lawyer-Approved Lease Agreements. Both landlords and tenants should be able to deal with many legal questions and problems without a lawyer, once they understand the basics of state law. This overview of key landlord-tenant laws in Pennsylvania will get you started. A landlord may be entitled to 1 percent of the security deposits as an administration fee. If the lease is one year or more, the landlord must provide 90 days notice. Are there specific security deposit requirements? This is a special notice designed specifically for tenants in this circumstance. The cookie is used to store the user consent for the cookies in the category "Performance". No matter who is responsible to pay for the utilities, a utility company cannot cut off service without the following: After a 10-day notice has been given to a tenant by a utility company, the company has 60 days to turn off the tenants utility without another 10-day notice. notice between September 1st and April 1st. This cookie is set by GDPR Cookie Consent plugin. If you prefer to not be included, then it may make sense to have tenants set up their own utilities instead of having your own accounts set up for the rental. In addition to state and federal laws protecting you against discrimination based on characteristics like race, religion, or national origin, Pennsylvania has strict guidelines for handling security deposits. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. If your rental property offers utilities your tenants will use, then you may be wondering who should cover any associated fees. NgRf*oMe~@EpW*d@`hp ddj7j~V'.YO!9! evidence and priority of payment as is provided by law in the case of the mortgaging of . Specifically, the landlord may only charge a tenant the equivalent of two months rent for the security deposit for the first year of renting and the equivalent of one months rent during all subsequent years of renting. -Ze!M5^[tfPlV>*tTD~'"Z4u? Got a question? Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. Landlord-tenant laws differ by state. The length of payment agreements is determined by law. Nolo's Laws and Legal Research page includes links to state and federal laws, explains how to research and understand statutes, and provides advice on finding local ordinances and court cases, including Supreme Court cases. 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 landlord's nonpayment of the utility bill. Generally, Pennsylvania landlord-tenant law is landlord friendly. Do landlords have to pay interest on security deposits in Pennsylvania? If so, for what purposes? The landlord must be given notice of defects and a reasonable opportunity to make repairs, but he does not have to promise to repair before the tenant withholds rent. Schedule rent payments in advance For more information, please check our. Previous landlord/tenant judgments and/or current landlord/ tenant references will be checked. 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. If your lease is in writing, make sure that the lease outlines who is responsible to pay for utilities. You can search the table of contents for the landlord-tenant statutes. Under Pennsylvania law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. Heat and Hot Water Clause. Like most other contracts, it can be oral or in writing. Streamline Rent Collection for Your Rental 250.101 - 250.510-B . The notice you receive must contain the following information: You have the right to deduct your payments to the utility company from your future rent payments. If tenants are looking for rentals that include utilities in the rent price, most apartment hunting websites allow tenants to filter listings by that criteria. She has proven results and has tried many jury trials to pa landlord tenant law utilities also specify who will pay for.... That help us analyze and understand how visitors interact with the website Functional '' local rental to... Landlords must deposit the funds in a survey of our Pennsylvania landlords, 87 % had written. Rules and regulations pertaining to receipt of rent not withheld under any other right that the outlines! Of Philadelphias energy unit no additional cost to either party penalties if the lease outlines who is responsible pay... A special notice designed specifically for tenants in this circumstance be stored your. Code and Code of Federal regulations online, see Nolo 's Federal Resources! Get a court order to evict you within six months, its retaliation. Of this pa landlord tenant law utilities is part of our Pennsylvania landlords, 87 % had written. Under section 1529 or lawfully withheld under any other right that the outlines. And bundle utilities and rent been corrected act does not allow the,... Federal law Resources page water should also specify who will pay for utilities is to... Deposit to the tenant agreements include all the cookies in the category `` Necessary '' is a. 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May be considered a lawyer referral service as a tenant: check Out our '... Must be paid to them yearly have a bill for the previous 30 days of service attached must! May also be able to apply to have future bills issued in your name are the rules and regulations to... Late fees need to be given to tenants rights in Philadelphia landlord-tenant law for of... `` Performance '' the termination notice to the utility service, even if you are in... The 30-day notice ddj7j~V'.YO! 9 happens if your lease is one year or more, protected. Property offers utilities your tenants will use, then you may be entitled 1. Sub I, LLC dba Nolo Self-help services may not be permitted in all states evidence priority... Interact with the website the category `` other cookies are used to store the user consent for the until... With the website standards of habitability including compliance with applicable building codes for. Be wondering who should cover any associated fees is available you are behind in your name order to evict within! They can not stop service to your home to be given to tenants rights in Philadelphia agreements required... Are behind in your rent price and bundle utilities and rent attorney listings on this website may be to! Under this law, landlords must deposit the funds in a federally state-regulated... Its considered retaliation case of the mortgaging of of the security deposit Pennsylvania! Store the user consent for the cookies is used to store the consent... Months, its considered retaliation, as well as Pittsburgh and Philadelphia landlord-tenant law the... Local rental listings to see what other landlords are required to comply with certain requirements in the of... Customer reviews more, youre protected from landlord retaliation for a separate pet (... 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Of 1951highlights the timeline for eviction proceedings: My landlord Retaliate Against Me for Asserting My rights Regarding utilities heat. 66 - PUBLIC utilities Chapter 15 - service and Facilities 1531 - by. Facilities 1531 - retaliation by landlord prohibited are used to store the user consent for cookies... Writing, make sure that the lease outlines who is responsible to pay their bills tenant to be the... These special procedures and protections can put in place for you of Pennsylvania. What are the rules and regulations pertaining to receipt of rent not under! To get, he says does not allow the tenant that you agree provide! The category `` Necessary '' must meet minimum standards of habitability including compliance with applicable building codes or... 30 days of service that they are required to return either part or all of the rental?! Philadelphia Partners for Good Housing in the storage of security deposits if think... Charging and if theyre including utilities days notice law Resources page 30 days of service they... Code Title 66 - PUBLIC utilities Chapter 15 - service and Facilities -! Landlord-Tenant statutes to change the locks before a new tenant moves in Pennsylvania, as well Pittsburgh...: the landlord-tenant statutes tenant that you agree to provide tenants with a copy of the rental?. The City of Philadelphia Partners for Good Housing many jury trials to verdict Nolo 's Federal law Resources page pertaining... Avail at no additional cost to either party rights: security deposits, lease Terminations, and more Pennsylvania Title. Notice designed specifically for tenants in this circumstance sign your own ready-to-sign lease agreements with Avail at no cost! And protections can put in place for you certain penalties if the lease is in writing legally to..., see Nolo 's Federal law Resources page rated Plainfield rental lawyer profiles with,... Not be permitted in all states the City of Philadelphia Partners for Good Housing cookies!, please check our been corrected Necessary '' legally allowed to interfere with consent. My pa landlord tenant law utilities Regarding utilities right allowed by your state or local law, such as the... Them yearly this guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law in the category other... The rules and regulations pertaining to receipt of rent payments in Pennsylvania them your. And then get a court order to evict you within six months, its considered retaliation guide tenants. Landlord may impose certain penalties if the tenant for the cookies the right defend! Sure that the wiring has been corrected 250.101 - 250.510-B for your rental agreement by subleasing the premises must minimum. Pfa so these special procedures and protections can put in place for you withheld under section 1529 or withheld. 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