While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital . Do late fees need to be in the written rental agreement? 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. check your local jurisdiction for rental license laws in case it is required locally. Pennsylvania landlord-tenant law allows tenants the right to have visitors as long as they continue to observe their other obligations as a tenant. Seek legal counsel as soon as possible if you do this. Get next-day payments with Fastpay Generally, Pennsylvania landlord-tenant law is landlord friendly. Prior to getting this license, applicants should obtain a commercial activity license, business tax account number, federal tax identification number, or social security number, for individuals and zoning approval for two or more units. Generally, Pennsylvania landlord-tenant law is landlord friendly. 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. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. stream 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. 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. 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. It must also be in good repair pursuant to the landlords impliedwarranty of habitability, an implied right in every written or oral residential lease. 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. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. If the tenant is behind on paying rent and has an oral lease with the landlord, the landlord needs to give only, notice between April 1st and September 1st, but. But first, Ballenger says, you should contact the water department and inform them that you are a tenant in the property, and that the bill is in your landlords name. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. Most federal regulations are published in the Code of Federal Regulations ("CFR"), also organized by subject into 50 separate titles. Additionally, landlords must give an. 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. 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 . PALawHelp.org is a project of the Pennsylvania Legal Aid Network and the Legal Services Corporation. 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. 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. The utility company cannot shut off your service if you obtain medical certification that someone in your home is seriously ill or someone has a medical condition that will be made worse by a shut off. comply with all obligations imposed upon tenants by applicable law. If necessary, call the Public Utility Commission at 1-800-692-7380. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). evidence and priority of payment as is provided by law in the case of the mortgaging of . Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Visit PAVictimsHelp.orgfor more information. Manage Your Rentals With Landlord Software. In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated. What are the Pennsylvania laws on eviction? You'll also find a wealth of information in the Landlords and Renters' Rights sections of the Nolo website and Nolo books, such as Every Landlord's Legal Guide and Every Tenant's Legal Guide. 5 0 obj On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. We recommend having a signed rental agreement, no matter how long the rental term, for added legal security. Find Smithmill Pennsylvania Landlord & Tenant attorneys near you. On the other hand, if your rent price is considered affordable, then you can see how much the total rent price would be with utilities included. Tenants have similar rights and responsibilities as those listed for landlords. 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. In Pennsylvania, there are specific procedures on how to handle abandoned property. For details, see Pennsylvania Required Landlord Disclosures. 250.101-250.602. HiUpuT. The tenant needs to have that period of time to think through their options.. The notice should have a bill for the previous 30 days of service attached. In most instances, the tenant will be responsible for handling the bills for each utility. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct". The principal publication is Truth in Renting, which is available in both English and Spanish. It is more difficult to get service turned back on after shut off. But changing the name may be complicated, depending on the situation, and your landlord could fight the change, Ballenger says. -Ze!M5^[tfPlV>*tTD~'"Z4u? However, if the tenant fails to pay rent 10 days after rent is due, the landlord is allowed to declare the tenant in default under the lease agreement or accept the rent and the appropriate late fee. For one, Pennsylvania doesn't have any laws in regards to a landlord's right to entry, meaning, as a landlord, you can enter your tenants' rented space without serving a prior notice. If the lease term has ended, or the landlord claims the tenant has breached the lease, the landlord has two options: If the lease is for less than one year, the landlord must give the tenant 30 days notice. 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. Visit their website at, If you live outside of Philadelphia, visit the $1 Energy Fund at, If you live in Philadelphia, visit the Utility Emergency Services Fund (UESF) at. What happens if your landlord doesn't pay the water bill? Reasonable time is usually interpreted as 9 a.m. to 5 p.m., Monday through Friday, holidays excluded. If youre paying for all utilities, you have a few options: There are different ways to collect payments for utilities, so its important to determine the option thats best for you. She is also a member of the Union County NJ Civil . Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. Pennsylvania Security Deposit Limit and Return The shut off can be stopped for a maximum of 30 days at a time. Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities? This cookie is set by GDPR Cookie Consent plugin. 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. He grew up in Delaware County's Morton borough and has a degree in journalism from Temple University. You should not consider any information in this article to be legal advice. Fair Housing Rights for People with Disabilities, Report Housing Discrimination in Pennsylvania. This cookie is set by GDPR Cookie Consent plugin. A landlord cannot, however, cut off your utilities as a way to force you out. 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. <> While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital utility service when a landlord doesnt pay the bill. This cookie is set by GDPR Cookie Consent plugin. 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. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. If the landlord wins a judgment for possession, the landlord can then enforce the judgment, meaning the tenant must move. Alternatively, a landlord may also be able to post the tenant's deposit as a bond. In that case, Ballenger says, you dont have access to consumer protections like financial assistance, or low-income programs. 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. The landlord must give the tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to vacate the premises. 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. 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. The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. First, attempt to have the landlord make the necessary payments immediately to restore your service. Please note that a mailed notice is void. Is a security deposit required in Pennsylvania? Similarly, a tenant has the right to fast repairs and maintenance on the property. All Rights Reserved. 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. This clause informs the tenant that you agree to provide access to heat and hot water. Deciding who pays for utilities during the lease term can be stressful, but certain factors can help you make a decision. Find Plainfield New Jersey Landlord & Tenant attorneys near you. 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. Here are three factors to consider as you decide how to handle utilities. This clause informs the tenant that you agree to provide access to heat and hot water. And, whats more, youre protected from landlord retaliation for a period of time, too. 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. The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. But what happens if they arent keeping up with payments? For example, if your normal rent is $300 per month, you can countersue the landlord for $600. Specifically, state law fails to explicitly mention a landlords duties and tenants rights pertaining to circumstances where the tenant has been a victim of a sexual crime or domestic violence. Pennsylvania does not have any specific pet laws. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. The length of payment agreements is determined by law. The tenant then has 10 days from the notice date to contact the landlord. 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. However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. Pennsylvania home sellers must, by law, advise potential buyers of the property about known material defects that are not readily observable, including structural and other problems, before the sale is completed, including, but not limited to mold. The tenant also shall have right to invite to his apartment or dwelling unit, for a reasonable period of time, such social guest, family or visitors as he wishes, as long as he or she complies with applicable law. 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. 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 landlord doesnt pay gas, electric or water bills the tenant should not be required to pay the back bill to keep services on. NgRf*oMe~@EpW*d@`hp ddj7j~V'.YO!9! 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. If a landlord attempts to evict you without following this law, they could be liable for an illegal eviction. If youve decided that tenants should pay for their own utilities, then this should be stated in the lease agreement. Landlord-tenant law in the city of Pittsburgh is the same as statewide law. Any bill you pay to get the service restored can be deducted from your rental payments. The utility must notify the tenant occupants before any shut-off and allow them to pay the bill for last 30 days only and deduct the payments from rent as it becomes due. If your rental property offers utilities your tenants will use, then you may be wondering who should cover any associated fees. Below is a breakdown on how most landlords handle utilities for their rentals and who is responsible for which utility bill: Its common for landlords to include water and trash because these can be difficult to transfer from individual to individual. What are the rules regarding rent payments in Pennsylvania? @` u08#T+z"w(p&]%0>JoNB96@} !7JH sBpY/>:Pbc. READ THE FULL GUIDE! Security Deposits in New Jersey. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! Is a rental license required to be a landlord? 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. If your service has already been shut off, this will require the utility company to restore your service. Are there any provisions regarding rent control in Pennsylvania? 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. You can search the table of contents for the landlord-tenant statutes. Additionally, landlords must give an EPA-approved information pamphlet. Tara has attended NITA (2018). There are no specified lease renewal provisions in Pennsylvania. 250.101 to 399.18. 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. Making tenants responsible for the utilities can ease some responsibility for the landlord. The tenant then has 10 days from the notice date to contact the landlord. 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. Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. Learn how to set a late fee. Termination of utility services to the mobile home. Section403. In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. The tenant shall not destroy, deface, damage, impair, or remove any part of the structure or dwelling unit, or the facilities, equipment, or appurtenances. %PDF-1.4 What it does is deprive the tenant of 30 days of service that they are required to get, he says. Create Free Lawyer-Approved Lease Agreements. The landlord is not required to provide notice of entry and therefore may enter the premises for the following reasons: That being said, we recommend at least 24 hours of notice. 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. Mold Disclosure: Pennsylvania home sellers must, by law, advise potential buyers of the property about known material defects that are not readily observable, including structural and other problems, before the sale is completed, including, but not limited to mold. Get started now by creating an online Pennsylvania rental lease agreementwith Avail. Like most other contracts, it can be oral or in writing. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. Generally, both the owner and lessee (landlord and tenant, respectively) are required to include their names on the rental agreement. In Pennsylvania, the eviction process is outlined by the Landlord and Tenant Act of 1951. 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. Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. 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. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . 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. In Pennsylvania, a landlord can evict a tenant without a lease or with a lease that has ended (known as a "holdover tenant" or "tenant at will"). The accrued interest will belong to the tenant and must be paid to them yearly. Similarly, there are no legal requirements for how rent is to be paid. Typical duties of the landlord. Contact your local legal services for further assistance. The landlord is required to return either part or all of the security deposit to the tenant. x\Ks# W0n8|#SJ-8T%[lrMu5^ $A [_>B+W]>mOO0:c.M]WO]Uk:}>> kLB>^! * Once application is approved, the security deposit equal to one month's rent is due within 3 days, this "holds" the . Previous landlord/tenant judgments and/or current landlord/ tenant references will be checked. Here's what you need to know. Tenants are also protected if a landlord calls the water department and asks for service to the property to be turned off. That can cause issues for some tenants especially if you are low-income. You may be required to provide a copy of the PFA to the utility company. 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. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. In Pennsylvania, the landlord is not required to provide a receipt when the tenants rent has been received. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Furthermore, while there is no mandated notice before the landlord enters the premises to correct a repair, The rental term is over and the tenant hasnt moved out, The tenant has breached some provision of the rental agreement. the date on or after which they will turn off your utility service. These cookies will be stored in your browser only with your consent. 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 . 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. Thats a statutory right, Ballenger says. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Pennsylvania. 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. So, for the time being, no utility companies should be delivering termination notices to people who have fallen behind on bills due to financial circumstances. His work has also appeared inPhiladelphia magazine andTechnical.lyPhilly. , we do advise that you agree to provide access to heat and hot water or institution! Grew up in Delaware County 's Morton borough and has a degree in journalism from Temple University that check. 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