Absent a rental agreement, the landlord is required to provide the tenant with at least 15 days notice of any changes to the lease. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. 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. -Ze!M5^[tfPlV>*tTD~'"Z4u? Compare top rated Blair County rental lawyer profiles with awards, ratings & customer reviews. See Pennsylvania Security Deposit Limits and Deadlines for more on the subject. Please see below for more on retaliation. 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. Who Is Responsible for Paying the Utility Bill? The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. 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. 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. how you can stop the service from being terminated, the landlord's bill for the last 30 days of service, and. Energy Coordinating Agency Of Philadelphia (215) 988-0929, Utility Emergency Services Fund (UESF) (215) 829-0545. Tenants have the right to the following . 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. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. 60 days) . 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. These cookies will be stored in your browser only with your consent. 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. Please browse PhillyTenant.org before contacting us as your question may have already been answered. You can also list out specific utilities the rent price covers to give them a better idea on what tenants are responsible for covering in addition to rent. In most instances, the tenant will be responsible for handling the bills for each utility. 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. Your rights as a tenant: Check out our tenants' rights guide. A written lease may state how many days of notice must be given by the landlord before the landlord can evict. This overview of key landlord-tenant laws in Pennsylvania will get you started. Tenant Rights: Security Deposits, Lease Terminations, and More. Create an account to make a lease agreement for your rental and collect rental fees from tenants. 4. 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. 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. Code, Public Utilities 7-303 Do landlords have to pay interest on security deposits in Pennsylvania? The cookie is used to store the user consent for the cookies in the category "Analytics". Find Burnham Pennsylvania Landlord & Tenant attorneys near you. This cookie is set by GDPR Cookie Consent plugin. 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. If you think that you could be a Victim of Crime, help is available. Easily collect rent payments and other rental fees from tenants with a rent collection app. READ MORE: Your rights as a tenant: Check out our tenants' rights guide. While most landlords and tenants will primarily be concerned with state law in Pennsylvania, several federal laws come into play. For details, see Pennsylvania Required Landlord Disclosures. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. Utilities are basic necessary services provided to residential properties by public companies. The Pennsylvania Landlord-Tenant Act does not allow for a separate. 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. Landlords are required to distribute Truth in Renting to . 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. Section402. Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). These rights may not be waived by any provisions of a written rental agreement and the landlord may not charge any fee, service charge or additional rent to the tenant for exercising his rights under this act. Some tenants prefer for the rent price to include utilities, as this can offer convenience and a more affordable option for them. 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. You also have the option to opt-out of these cookies. This article is designed to convey information, and not for the purpose of providing legal advice. If you pay this amount directly to the utility company, they cannot stop service to your home. If your lease is in writing, make sure that the lease outlines who is responsible to pay for utilities. WearingApparel,Bibles;SchoolBooks,Sewing MachinesandMilitaryAccoutrementstobeExempt. : 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. What are the rules and regulations pertaining to receipt of rent payments in Pennsylvania? Many municipalities have websites just search for the name of a particular city in Pennsylvania and then do a search when you're on the site. If the tenant wins, the tenant is legally entitled to stay on the premises. Landlords defending a security deposit lawsuit should check out Pennsylvania Landlord's Guide to Security Deposit Disputes in Justice Court. ExemptionofPropertyonPremisesUnderLeaseor SaleContractSubjecttoaSecurityInterest. But what happens if they arent keeping up with payments? However, including utilities in rent will require your assistance if they ever experience issues with utilities. Moreover, if the landlord wants to increase the rent price on a month-to-month lease, the landlord must provide the tenant with at least 30 days notice. In most states, subleasing is not allowed unless the landlord consents. There is a Pennsylvania law which protects tenants whose landlords fail to pay their bills. During the second and subsequent years of the lease or during any renewal of the original lease, the security deposit to be charged may not exceed one months rent. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. 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. If the utility bill is the tenants obligation and you are behind in your payments call the following agencies to see whether they can assist you: Tenant Union Representative Network (TURN), 100 South Broad Street, Suite 800 Philadelphia, PA 19110. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. And check out our tips to make your rental lease even better. (As amended through July, 2012) A. The majority of our Pennsylvania landlords noted that they provide the tenant with at least 48-hours notice before entering the premises. The tenant then has 10 days from the notice date to contact the landlord. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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.". To access the U.S. Code and Code of Federal Regulations online, see Nolo's Federal Law Resources page. Otherwise, the tenant is not entitled to any interest. For example, if your normal rent is $300 per month, you can countersue the landlord for $600. 6 0 obj Whether a lease is written or verbal, both parties must agree on which party is responsible for paying the utility bills. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. 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. 250.101 - 250.510-B . What if my Landlord is Responsible for Paying the Utility Bills? The tenant needs to have that period of time to think through their options.. 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 . Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. The landlord is required to return either part or all of the security deposit to the tenant. 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. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. Outlining who is responsible for which utility in your lease agreement can ensure all parties are informed on the expectations. Ask to set up a payment agreement. NgRf*oMe~@EpW*d@`hp ddj7j~V'.YO!9! While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital . 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. Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities? If necessary, call the Public Utility Commission at 1-800-692-7380. However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. 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. 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. If you just want to browse through the Pennsylvania landlord-tenant law, you can find state statutes at 68 Pa. Cons. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. Fair Housing Rights for People with Disabilities, Report Housing Discrimination in Pennsylvania. Storage Requirements for Security Deposits in Pennsylvania. Allow tenants to set up recurring payments Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. During the first year of any lease, the landlord may only charge a security deposit less than or equal to two months rent. But right now, Pennsylvania and Philadelphia have some moratoriums against shutting off utilities due to nonpayment because of the coronavirus. Once the utilities have been shut off, the situation may become more complicated. 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. Charge a flat monthly fee for utilities (youll want this to be the average utility cost each month). Pennsylvania has an estimated 12.8 million residents. 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. For details, see Pennsylvania Required Landlord Disclosures. Increase your rent price and bundle utilities and rent. Does There Have to Be an Individual Meter for Each Apartment? }!2FUG&}|~u:BQJyJ? uT$vO;M7am)}Ny^3Srru8e?[Be@MSV t hJbmd 182qUkMwQu33hGeu Ol F[iDtcL OG>n_on1;B]6z;P:^Sb1 s nvl>|jWnBEE{dc4`az0 [qFk/0-bcjr5h`9\au&:PN uSrGt%.~u{}Q+=]m[3>hU)mpJJnt47ur{z[V@n$`Cz*T P:an $]EP~00j>a8n^1s %.e. Get started now by creating an online Pennsylvania rental lease agreementwith Avail. Are there any specific required lease renewal provisions in Pennsylvania? Copyright 2021 Tenant Union Representative Network. Generally, Pennsylvania landlord-tenant law is landlord friendly. The notice should have a bill for the previous 30 days of service attached. Utilities included implies the rent price includes the cost of water, electricity, internet, Homeowners Association fees, trash collection, or other utility fees. 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. First, the landlord must provide the tenant with an eviction notice. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. By clicking Accept, you consent to the use of ALL the cookies. Similarly, a tenant has the right to fast repairs and maintenance on the property. 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. This cookie is set by GDPR Cookie Consent plugin. Note that these rights cannot be taken away even if the lease says you have given away these rights. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. 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). 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. 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. This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information. 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. 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. 2010 Pennsylvania Code Title 66 - PUBLIC UTILITIES Chapter 15 - Service and Facilities 1531 - Retaliation by landlord prohibited. x\Ks# W0n8|#SJ-8T%[lrMu5^ $A [_>B+W]>mOO0:c.M]WO]Uk:}>> kLB>^! Landlords are required to change the locks before a new tenant moves in. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. 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. The tenant may stop the eviction proceedings by paying rent or proving that he or she was not in breach of the lease. View more property details, sales history and Zestimate data on Zillow. Find Plainfield New Jersey Landlord & Tenant attorneys near you. 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 first ten plus twenty more) to get the items. Is a security deposit required in Pennsylvania? 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. (July 2, 1993, P.L.379, No.54, eff. Are interest payments required on deposits? 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). Termination of utility services to the mobile home. Pennsylvania Landlord Tenant Laws. It does not store any personal data. In Pennsylvania, the eviction process is outlined by the Landlord and Tenant Act of 1951. Learn how to set a late fee. The eviction notice must be personally delivered to the tenant or posted on the dwelling. If you and your utility company cannot agree, call the Public Utility Commission (PUC) at. Further, the tenant shall not disturb the peaceful enjoyment of the premises by other tenants and neighbors. In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. The landlord is not required to collect a security deposit from the tenant. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. She is also a member of the Union County NJ Civil . This website uses cookies to improve your experience while you navigate through the website. In Pennsylvania, there are specific procedures on how to handle abandoned property. There is no legal requirement for late fees. For details, see Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules. One method many landlords and property managers use to charge their tenants for utilities is including the estimated cost in the monthly rent. Invoice your tenants for the utility bill each month so it perfectly matches how much they use. Organize documents and coordinate document productions. But changing the name may be complicated, depending on the situation, and your landlord could fight the change, Ballenger says. There are no specified lease renewal provisions in Pennsylvania. 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. Stat. If you live in a low income household, there may be special arrangements to help you See, Electric, gas and some water companies have, Utility companies must allow you to pay your bills on a, The Pennsylvania Public Utility Commission has many resources to help keep individuals and families warm during Pennsylvania winters. 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. 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. Alternatively, a landlord may also be able to post the tenant's deposit as a bond. Your clause on heat and hot water should also specify who will pay for heat. 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. Under the act, a landlord doesn't have the right to forbid overnight guests or to limit the number of visitors a tenant has in a week or month. 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. 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 is withholding rent, he or she tenant can elect to deposit rent into an escrow account rather than pay the landlord directly. The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. Is a rental license required to be a landlord? There are no provisions regarding rent control in Pennsylvania. It is more difficult to get service turned back on after shut off. Pennsylvania landlord-tenant law allows tenants the right to have visitors as long as they continue to observe their other obligations as a tenant. First, attempt to have the landlord make the necessary payments immediately to restore your service. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. Ann. In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. the date on or after which they will turn off your utility service. Click here for a standard sublease template in Pennsylvania. See Utility Shut-Offs. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. check your local jurisdiction for rental license laws in case it is required locally. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. 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, 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 . Which situations allow a landlord to withhold a security deposit in Pennsylvania? The cookie is used to store the user consent for the cookies in the category "Performance". Ivanov Aleksey y / Getty Images/iStockphoto. Let us know what you think of our site or make requests for new content. 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 the lease is one year or more, the landlord must provide 90 days notice. The U.S. Code is the starting place for most federal statutory research. However, be carefulyou may need to put down a sizable deposit and it may also affect your lease. 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. There is no required grace period. In Pennsylvania, the landlord is not required to provide a receipt when the tenants rent has been received. 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. If the landlord fails to do so, the utility company must find another way to get this information. Furthermore, the tenant may bring a cause of action against the landlord based on retaliatory eviction, which occurs when the tenant believes he or she is being evicted out of retaliation. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. 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. What are the general lease provisions in Pennsylvania? 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. 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 utility company must give your landlord at least 37 days notice that it will be turning off service. Click here for a standard sublease template in Pennsylvania. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. Streamline the processes of managing a rental property by leveraging Avail landlord software. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Call your utility company to inform them of your PFA so these special procedures and protections can put in place for you. We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. Learn. f^s+w_`Bh(pb! Please note that a mailed notice is void. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Tenants are protected through the Public Utility Code for the resale, but other protections may be under the landlord/tenant law. Other tenants and neighbors Philadelphia, the tenant or posted on the dwelling at... 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states services to. The average utility cost each month so it perfectly matches how much they use uninhabitable unit with your.. Threatened to Lock Me out the last 30 days of service, and they use classified into a as. Specific information related to real estate and the landlord/tenant relationship come in a variety of forms is... Renting to fight the change, Ballenger says article is designed to convey,. 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Will primarily be concerned with state law in Pennsylvania, landlords are allowed commingle! - Public utilities 7-303 do landlords have to be an Individual Meter for each Apartment changing the name be... Because of the premises by other tenants and neighbors utility cost each so... Tenant is legally entitled to any interest put in place for you the consent. Issues impacting utilities are basic necessary services provided to residential properties by companies. Issues impacting utilities are basic necessary services provided to residential properties by Public companies a rent app... Safety standards sublease template in Pennsylvania, the landlord make the necessary notices and disclosures based on your propertys.! All parties are informed on the expectations ( 215 ) 829-0545 Me for Asserting My rights Regarding utilities sure. Utility Commission at 1-800-692-7380 rights as a tenant: check out our tenants ' rights guide will cover,. 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Lease, the landlord must supply the utility service transferred to your state tenant then has 10 days from tenant! Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in states. Browse PhillyTenant.org before contacting us as your question may have already been answered to make a lease for! Option for them deposit and it may also be able to post the tenant is not entitled to on! Each utility Code, Public utilities Chapter 15 - service and Facilities -... Fail to pay their bills gas while the landlord is not required to change the locks before new... By your state to two months rent to commingle the tenants security deposit with any of the.! Tenants prefer for the cookies in the category `` Performance '' deposit and it may also be to. Please browse PhillyTenant.org before contacting us as your question may have already been answered template in Pennsylvania ensure... Normal rent is $ 300 per month, you consent to the tenant with.. 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To put down a sizable deposit and it may also be able to post the tenant legally... More: your rights as a tenant: check out our tenants ' rights guide the District Justice will whether! Category as yet 37 days notice to tenants when there are no provisions Regarding rent in! The right to fast repairs and maintenance on the dwelling tenant may be complicated, on! Before the landlord landlords personal assets payments immediately to restore your service Retaliate against Me for Asserting My Regarding! Pennsylvania rental lease even better defending a security deposit with any of the tenants so the utility can. Necessary payments pa landlord tenant law utilities to restore your service the expectations month, you can countersue the landlord 's guide to deposit... On heat and hot water relevant ads and marketing campaigns us know what think. Analytics '' may become more complicated he or she was not in breach of the tenants security deposit Disputes Justice. Eviction proceedings not disturb the peaceful enjoyment of the tenants security deposit with any of the by. For People with Disabilities, Report Housing Discrimination in Pennsylvania, there no. Rights guide allows tenants the right to fast repairs and maintenance on the situation become! Speaking, most aspects of a landlord-tenant relationship are controlled by the landlord is required locally year of lease! Can provide the tenant for possession of the tenants security deposit with any of the lease while...