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Do Not Sell or Share My Personal Information, Pennsylvania Required Landlord Disclosures, Pennsylvania Security Deposit Limits and Deadlines, Filing a Security Deposit Lawsuit in Pennsylvania Justice Court, Pennsylvania Landlord's Guide to Security Deposit Disputes in Justice Court, Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules, Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct", State Laws on Unconditional Quit Terminations, State Laws on Termination for Violation of Lease, Pennsylvania State Laws Prohibiting Landlord Retaliation, abandoned property left behind by tenants, the U.S. Department of Housing and Urban Development (HUD), U.S. Environmental Protection Agency (EPA), Do Not Sell or Share My Personal Information, tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition (see, fair housing rights (discrimination is also prohibited by federal and, often, local lawsee the. 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. qO!O5nVd W!AHf O(?Vrar(riiZ`>u"qH B qm_o Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. Making tenants responsible for the utilities can ease some responsibility for the landlord. Save money and time with an Avail lawyer-approved lease agreement, free for landlords. 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.". Let us know what you think of our site or make requests for new content. A landlord who wants you to leave can evict you under the terms of the lease or rental agreement (for example, if you fail to pay rent), following proper state rules and procedures. 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. After you contact the utility, your service should be restored, and you should be sent the 30-day notice. This cookie is set by GDPR Cookie Consent plugin. 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 tenant's dwelling is liable to the tenant if the utility company has cut off utility service to the tenant's dwelling. Any sublet that does not comply with the lease clause will constitute a breach of lease and could potentially result in eviction. 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. 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. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. Are receipts required for rent or deposit payments? 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. Easily collect rent payments and other rental fees from tenants with a rent collection app. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. 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. 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. Landlord and Tenant Act of 1951. Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. The Philly Tenant Hotline can be reached at 267-443-2500, and CLS is available at 215-981-3700. (As amended through July, 2012) A. 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. Tenants must refrain from any criminal or illegal use of the property, and they should report any maintenance, health, or safety issues to the landlord . 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. These are some common laws on utilities: If you do decide to include utilities in the rent price, your lease agreement should inform the tenant on who pays what. 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. For details, see Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules. Got a question? Thats a statutory right, Ballenger says. 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. Generally, Pennsylvania landlord-tenant law is landlord friendly. Your landlord is not legally allowed to interfere with your utility service, even if you are behind in your rent. This is a special notice designed specifically for tenants in this circumstance. Find Smithmill Pennsylvania Landlord & Tenant attorneys near you. All Rights Reserved. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. 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. Pennsylvania has an estimated 12.8 million residents. However, there are also rentals that do require tenants to cover the cost of common utilities. Tenants have the right to the following . What are the Pennsylvania laws on eviction? 6 0 obj 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. A landlord may be entitled to 1 percent of the security deposits as an administration fee. But if they experience issues with their utilities, such as no hot water, then you will need to assist with the issue to get it resolved in a timely manner. First, the landlord must provide the tenant with an eviction notice. 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 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. For example: A tenant has the right to adequate warning before a landlord visits the property or sends someone to the property for repairs. 2010 Pennsylvania Code Title 66 - PUBLIC UTILITIES Chapter 15 - Service and Facilities 1531 - Retaliation by landlord prohibited. First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. 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. If so, for what purposes? 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. the date on or after which they will turn off your utility service. Also, the Cornell Legal Information Institute provides the entire U.S. Code as well as the Code of Federal Regulations. If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. Earn up to $500 in account credit by referring 10 fellow DIY landlords to create an account on Avail. It is more difficult to get service turned back on after shut off. But in practice, Ballenger says, utility companies sometimes want tenants to pay the most recent 30-day bill and submit proof of their tenancy right away, which is a problem, because they should give you that period to come up with the money for the most recent 30-day bill and figure out what to do next. The Pennsylvania Landlord-Tenant Act does not allow for a separate pet deposit (aside from a security deposit). Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Which situations allow a landlord to withhold a security deposit in Pennsylvania? But remember, as a tenant, you do have some rights. 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. Tenants have similar rights and responsibilities as those listed for landlords. But what happens if they arent keeping up with payments? The utility company should not allow the tenant to be billed for the service until it is confirmed that the wiring has been corrected. Are tenants allowed to withhold rent under the laws of Pennsylvania? 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. By clicking Accept, you consent to the use of ALL the cookies. Furthermore, the Pennsylvania landlord-tenant laws don't currently include state rent . 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. 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. 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. Ask us using the form at the bottom of this article. If the lease is one year or more, the landlord must provide 90 days notice. 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. 250.101). 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. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. 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 wear and tear, unpaid rent, or breach of lease. 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. This means that there cannot be a foreign load on the tenants utility billthe tenants wiring cannot include the common areas or another apartment. 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. 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. 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). Schedule rent payments in advance And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. This clause informs the tenant that you agree to provide access to heat and hot water. These cookies ensure basic functionalities and security features of the website, anonymously. Create an account to make a lease agreement for your rental and collect rental fees from tenants. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. 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. 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. Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. The shut off can be stopped for a maximum of 30 days at a time. 250.101 - 250.510-B . 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. Tara is a senior trial attorney with GEICO. It consists of 50 separate numbered titles, each covering a specific subject matter. READ MORE: Your rights as a tenant: Check out our tenants' rights guide. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. However, be carefulyou may need to put down a sizable deposit and it may also affect your lease. Allow tenants to set up recurring payments Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. 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. ; Time Limit for Returns - 30 days, 15 days if leaving because of domestic violence, 5 days if forcibly evicted due to natural disaster. THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. These laws also require those who operate transportation services to allow service animals. Necessary cookies are absolutely essential for the website to function properly. Tenants are protected through the Public Utility Code for the resale, but other protections may be under the landlord/tenant law. 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. 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. Copyright 2021 Tenant Union Representative Network. Do landlords have to pay interest on security deposits in Pennsylvania? 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 . The state statutes provide definitions of terms related to landlord tenant laws (also known as PA rental laws), the rights and responsibilities of landlords and tenants as well as violations and remedies under Pennsylvania Landlord Tenant Law. Read on to learn more about Pennsylvania tenant rights laws. Any bill you pay to get the service restored can be deducted from your rental payments. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. 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