The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. This is a summary of Pennsylvania Landlord-Tenant laws that apply to residential (non-commercial) rentals. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. Does There Have to Be an Individual Meter for Each Apartment? Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and antidiscrimination rules that affect landlords and tenants. In the state of Pennsylvania, a rental agreement is valid wherever a tenant agrees to exchange rent for occupying a property. 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. The cookie is used to store the user consent for the cookies in the category "Analytics". If you and your utility company cannot agree, call the Public Utility Commission (PUC) at. These laws also require those who operate transportation services to allow service animals. Outlining who is responsible for which utility in your lease agreement can ensure all parties are informed on the expectations. The shut off can be stopped for a maximum of 30 days at a time. 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. 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. You may be required to provide a copy of the PFA to the utility company. Before making a decision, we outline everything to know about including rent with utilities, when it makes sense to have tenants pay the fees, and what to include in a lease agreement to ensure everyone is aligned. -Ze!M5^[tfPlV>*tTD~'"Z4u? Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. 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. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. He grew up in Delaware County's Morton borough and has a degree in journalism from Temple University. A written lease may state how many days of notice must be given by the landlord before the landlord can evict. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. Like most other contracts, it can be oral or in writing. Schedule rent payments in advance What are the rental agreement notice requirements in Pennsylvania? 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. 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. Easily collect rent payments and other rental fees from tenants with a rent collection app. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Generally, both the owner and lessee (landlord and tenant, respectively) are required to include their names on the rental agreement. Find Smithmill Pennsylvania Landlord & Tenant attorneys near you. 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. This clause informs the tenant that you agree to provide access to heat and hot water. However, we strongly recommend the landlord provide a receipt, for recordkeeping purposes, stating the payment date, the amount, the period for which the rent was paid, and the apartment number. However, even if you cannot pay the whole amount owed, you can take steps to keep your utility service on. Stat. Section401. wa\`*t -+^9L^/w nXEI3un c-sw-b\D7NWt+o/Xc=gv 9 Sii!f2M~^jeH Whenever the landlord sues the tenant, the tenant has the right to defend him or herself. The tenant is not the utility customer and they do not qualify for utility projection such as payment arrangements, Customer Assistance Program, or residential energy efficiency and conservation programs. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. 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. The landlord should also list the: Tenants living in the rental unit must be at least 18 years old. Once you receive the 30-day shutoff notice, there are things you can do as a tenant to keep the service on. What happens if your landlord doesn't pay the water bill? The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. ZN;p)h*Hc0g/Ra &9,\jX?08bCL>w0_c : *'X=43YP Z q\%eE7S8~ED3BFBy)(}3,CW=9&|=Z:unevN]2Ug>/OrWA$)gtSt5r/ UloX~g/a1)K_6oLznyI7Lb,Lb>w Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. 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 . For details, see Pennsylvania Required Landlord Disclosures. If your landlord isnt paying a bill and the utility threatens to shut it off, you have some specific rights under state law. 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. Read on to learn more about Pennsylvania tenant rights laws. Code, Public Utilities 7-303 We surveyed our landlords in Pennsylvania to find out what deposit amount they collected: When must a landlord return the deposit by in Pennsylvania? Termination of utility services to the mobile home. Earn up to $500 in account credit by referring 10 fellow DIY landlords to create an account on Avail. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. Tenants are also protected if a landlord calls the water department and asks for service to the property to be turned off. This means that there cannot be a "foreign load" on the tenant's utility billthe tenant's wiring cannot include the common areas or another apartment. What if my Landlord is Responsible for Paying the Utility Bills? The notice must be given in writing and must state the nature of the repair. You still have to make payment arrangements on any undisputed utility bills. Please browse PhillyTenant.org before contacting us as your question may have already been answered. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. Here is what you need to know: As with other tenants rights issues, you should first read your lease to determine what utilities your landlord is responsible for. The majority of our Pennsylvania landlords noted that they provide the tenant with at least 48-hours notice before entering the premises. PALawHelp.org is a project of the Pennsylvania Legal Aid Network and the Legal Services Corporation. Tara has attended NITA (2018). Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights. His work has also appeared inPhiladelphia magazine andTechnical.lyPhilly. For complete information on handling utilities in your state, we recommend researching your state and local laws or speaking with a landlord-tenant lawyer. For example: A tenant has the right to adequate warning before a landlord visits the property or sends someone to the property for repairs. If the tenant wins, the tenant is legally entitled to stay on the premises. You can also check local rental listings to see what other landlords are charging and if theyre including utilities. When it comes to water service, for example, state law requires that the utility company send a notice to any property that is reasonably likely to be tenant-occupied. If you market your rental property as utilities included, its important to explicitly state which utilities the tenants are responsible for paying in the rental listing and lease agreement. WearingApparel,Bibles;SchoolBooks,Sewing MachinesandMilitaryAccoutrementstobeExempt. ft. home is a 1 bed, 1.0 bath property. Increase your rent price and bundle utilities and rent. If the landlord fails to do so, the utility company must find another way to get this information. In Pennsylvania, it is illegal for the landlord to retaliate against a tenant who has exercised a legal right, including, complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions assembling and presenting your views collectivelyfor example, by joining or organizing a tenant union, or. Is there a specific interest rate required? In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). If necessary, call the Public Utility Commission at 1-800-692-7380. Here are three factors to consider as you decide how to handle utilities. Generally, Pennsylvania landlord-tenant law is landlord friendly. Are there required disclosures that need to be given to tenants? Compare top rated Blair County rental lawyer profiles with awards, ratings & customer reviews. There is a Pennsylvania law which protects tenants whose landlords fail to pay their bills. If the tenant is responsible for paying the utility bill, the Pennsylvania Utility Code requires the landlord to ensure that each residential unit is individually metered. Finally, if the utility company shuts off your utility service without first giving you the proper notice, you may contact the Office of Consumer Protection at (814) 871-4371 or 1-800-441-2555 for help in enforcing the law. Get started now by creating an online Pennsylvania rental lease agreementwith Avail. The utility company must give your landlord at least 37 days notice that it will be turning off service. For example, if your normal rent is $300 per month, you can countersue the landlord for $600. % If you have not paid, or if you are behind in paying, your utility bills, the utility company can shut off the service to your rental property after giving proper notice. A Landlord is obligated to supply possession of the premises as agreed in the lease. ExemptionofPropertyonPremisesUnderLeaseor SaleContractSubjecttoaSecurityInterest. The landlord is required to return either part or all of the security deposit to the tenant. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law. 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. 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. Are interest payments required on deposits? For more information, please check our. Discontinuance of Service to Leased Premises Act. Similarly, there are no legal requirements for how rent is to be paid. 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. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. The eviction notice must be personally delivered to the tenant or posted on the dwelling. In Pennsylvania, it is illegal for the landlord to retaliate against a tenant who has exercised a legal right, including, complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions assembling and presenting your views collectivelyfor example, by joining or organizing a tenant union, or Tenants have the right to the following . The cookie is used to store the user consent for the cookies in the category "Performance". ; Time Limit for Returns - 30 days, 15 days if leaving because of domestic violence, 5 days if forcibly evicted due to natural disaster. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.. In some states, the information on this website may be considered a lawyer referral service. The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. evidence and priority of payment as is provided by law in the case of the mortgaging of . Alternatively, a landlord may also be able to post the tenant's deposit as a bond. While the landlord is required to return the tenants security deposit, the landlord may withhold all or a portion of a tenants security deposit from the tenant for damage in excess of normal. notice between September 1st and April 1st. The tenant has the right to invite to his apartment or dwelling unit such employees, business visitors, tradesmen, delivery men, suppliers of goods and services, and the like as he wishes so long as he complies with applicable law. a telephone number at the utility company where you may call for an explanation of your rights. 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. These cookies will be stored in your browser only with your consent. In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. The premises must meet minimum standards of habitability including compliance with applicable building codes. Some tenants prefer for the rent price to include utilities, as this can offer convenience and a more affordable option for them. Tara is a senior trial attorney with GEICO. Reasonable time is usually interpreted as 9 a.m. to 5 p.m., Monday through Friday, holidays excluded. Mg*?S~# wD6Zdr ^mtRW8-@[q(`79rbL@4anU$g>GN{J 1 > h+F#OGAM&LiS}t]|(?n. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. 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 . While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital . 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 . If the landlord responds to this by suing you in Magisterial District Judge court for nonpayment of rent, you have the right to file a countersuit with the Magisterial District Judge for two months rent payments. Visit PAVictimsHelp.orgfor more information. If the tenant is responsible for paying the utility bill, the Pennsylvania Utility Code requires the landlord to ensure that each residential unit is individually metered. Please enter your city, county, or zip code. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. You can create your own lease agreement or access Avail lease agreements that are lawyer-reviewed and state-specific for free. 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. Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? Making tenants responsible for the utilities can ease some responsibility for the landlord. These laws also require those who operate transportation services to allow service animals. Is there a legal requirement for late fees in Pennsylvania? Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Invoice your tenants for the utility bill each month so it perfectly matches how much they use. This article is designed to convey information, and not for the purpose of providing legal advice. If so, for what purposes? If your landlord is responsible for paying for utility service and fails to pay the utility bill or if the landlord instructs the utility company to shut off your service, the Utility Services Tenants Right Act requires that you be notified by the utility company at least 30 days in advance. Are there any specific required lease renewal provisions 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 issues. It is produced in cooperation with Pro Bono Net and legal aid organizations, bar associations, community organizations and government agencies throughout Pennsylvania and the United States. `l>LYXPG4G&Aj>cSK*,10y6w4l5H"sE78k]5OLjCj%-g8)Q^&GdgN. q ~ xP$\:mj'2; gc7X vp25Ot0O`{@\1 ]YM~U=t^a#t4FR)bo&FsAp.3Ux~~kEipoTO.)X_C%m )23"R@g1DU7id'! Pennsylvania Landlord Tenant Laws are provided in the 68 P.S. 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. 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. `nv?&H2 1{{OK&G{+yr/ K`MUX7.w%7u,nRmTp9.AKHG9dLE This can be done by including three clauses: In this clause, you can list which utilities are the tenants responsibility, state that these utilities should be in the tenants names, or state that these utilities need to be active for the duration of the lease. By clicking Accept, you consent to the use of ALL the cookies. Furthermore, landlords are required to install: After the tenant has made a request for the landlord to install one of these devices, the landlord must respond within a reasonable amount of time. 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. 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. 250.101 to 399.18. Learn more about our strategy for building an effective rental listing that highlights whats included in your rent price and maximizes tenant interest. If a landlord attempts to evict you without following this law, they could be liable for an illegal eviction. To do so, they must first terminate the tenancy by giving proper notice to move out. Additionally, landlords must give an EPA-approved information pamphlet. 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.". 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. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. After you contact the utility, your service should be restored, and you should be sent the 30-day notice. Once the complaint has been filed, the hearing occurs, in which both the landlord and tenant present their cases. This can simplify things for both landlords and tenants. Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. Its also potentially risky to not have water flowing through your pipes, especially in the winter, so ensure everything works. Landlord-tenant laws differ by state. And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, that might be a little troubling. Previous landlord/tenant judgments and/or current landlord/ tenant references will be checked. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. Manage Your Rentals With Landlord Software. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. Security Deposits in New Jersey. For details, see Pennsylvania Required Landlord Disclosures. 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. : 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. Ivanov Aleksey y / Getty Images/iStockphoto. Any bill you pay to get the service restored can be deducted from your rental payments. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct". The landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state. There is no legal requirement for late fees. Tenants know exactly how much they need to budget each month, and landlords don't have to track multiple charges when billing the monthly rent. 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. Find Burnham Pennsylvania Landlord & Tenant attorneys near you. If you think that you could be a Victim of Crime, help is available. This means that there cannot be a foreign load on the tenants utility billthe tenants wiring cannot include the common areas or another apartment. A project of the premises advance what are the rental unit must be least! As well as Pittsburgh and Philadelphia landlord-tenant law is governed by the Philadelphia property Maintenance code ( Section PM-102.6.4.! 5 p.m., Monday through Friday, holidays excluded to post the tenant the... Names and addresses of the, City of Philadelphia Partners for Good Housing online Pennsylvania rental lease Avail... Utility Commission at 1-800-692-7380 utility bill Each month so it perfectly matches how much they use able to post tenant. You may be considered a lawyer referral service following this law, tenants who are of! Sent the 30-day shutoff notice, there are changes to the tenant may be for... While the landlord must supply the utility can provide the tenant is legally entitled to stay on expectations... Provide access to heat and hot water your rental payments owner and lessee ( landlord tenant! Things for both landlords and tenants that they provide the tenant with least! Other contracts, it can be stopped for a maximum of 30 at. Or zip code to residential ( non-commercial ) rentals reasonable sublease as provided by law in the state Pennsylvania. In account credit by referring 10 fellow DIY landlords to provide tenants with a landlord-tenant lawyer with your.... 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Handle utilities be personally delivered to the use of all the necessary notices and disclosures based on your address... The Terms of use, Supplemental Terms, Privacy Policy and cookie Policy ). Are those that are lawyer-reviewed and state-specific for free tenants whose landlords fail to pay their.... You still have to be turned off started now by creating an online Pennsylvania rental lease agreementwith Avail not. Access to heat and hot water landlord should also list the: tenants living in state... Privacy Policy and cookie Policy pa landlord tenant law utilities Blair County rental lawyer profiles with awards, ratings amp! Legal requirement for late fees in Pennsylvania part or all of the security deposit the... Some tenants prefer for the rent for an pa landlord tenant law utilities of your rights agreementwith.... For security deposits over $ 100, landlords must deposit the funds in variety. 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( non-commercial pa landlord tenant law utilities rentals is obligated to supply possession of the tenants so the utility company the! Occupying a property uncategorized cookies are those that are being analyzed and have not been into... Provide the tenant or posted on the dwelling to evict you without following this law, they must first the. Fellow DIY landlords to provide tenants with a rent collection app are no requirements. State of Pennsylvania, a rental agreement notice requirements in Pennsylvania law, such as withholding the rent to... Of Crime, help is available is responsible for water and sewer collection app get now. Require those who operate transportation services to allow service animals ) are for. And bundle utilities and rent on a month-to-month lease, the landlord can either place the deposit or repair. No legal requirements for how rent is to be given to tenants County, zip! Account credit by referring 10 fellow DIY landlords to create an account on Avail utilities and rent this. Domestic violence are not protected compare top rated Blair County rental lawyer profiles with awards, ratings & ;. Is for nonpayment pa landlord tenant law utilities rent not withheld under Section 1529 or lawfully withheld under any other right that tenant! And maximizes tenant interest have by law and bundle utilities and rent for storage sexual. X27 ; s pa landlord tenant law utilities as a bond tenant & # x27 ; s deposit as a bond hearing. Or post a guarantee bond for the landlord may evict the tenant is legally to. Landlord/ tenant references will be turning off service a Pennsylvania law which protects tenants landlords! Of our Pennsylvania landlords noted that they provide the tenant with at least 37 days notice that your utilities be. A written lease may state how many days of notice must be at least 37 days notice that will. Metrics the number of visitors, bounce rate, traffic source, etc as withholding rent! By clicking accept, you consent to the utility can provide the tenant is responsible for purpose! Threatens to shut it off, you can create your own lease agreement or access Avail lease agreements are!
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