pa landlord tenant law utilities

To access the U.S. Code and Code of Federal Regulations online, see Nolo's Federal Law Resources page. While most landlords and tenants will primarily be concerned with state law in Pennsylvania, several federal laws come into play. 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. However, including utilities in rent will require your assistance if they ever experience issues with utilities. 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. For more information, please check our. Click here for a standard sublease template in Pennsylvania. Track rental income and expenses in one place 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. Visit PAVictimsHelp.orgfor more information. 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. If a landlord attempts to evict you without following this law, they could be liable for an illegal eviction. 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. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. 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. If you dispute your bill or disagree with the meter readings, you must notify the utility company and tell them that you dispute the bill. 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. And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, you do have rights. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. First, attempt to have the landlord make the necessary payments immediately to restore your service. Standard Limit/Maximum Amount - 1.5 months' rent. 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. Which situations allow a landlord to withhold a security deposit in Pennsylvania? 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. Heat and Hot Water Clause. Landlords can vary on whether or not utilities are included in rent, but its common for some rentals to include utilities in the rent price. 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. Are tenants allowed to withhold rent under the laws of Pennsylvania? Pennsylvania has an estimated 12.8 million residents. If a rental unit is not individually metered, then the landlord is responsible for the utility billincluding any past due balance. Streamline the processes of managing a rental property by leveraging Avail landlord software. Subleasing occurs when the original tenant rents the unit to another individual. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. 250.101 - 250.510-B . Tenant Rights: Security Deposits, Lease Terminations, and More. 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. 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. A landlord cannot, however, cut off your utilities as a way to force you out. Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. 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. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. If youve been renting a home or apartment for any amount of time, you know that its not uncommon for your landlord to have some utility bills in their name. Is|-W0o&|?r#="4[;k ?~.mnr ASHxfF"&-DzK&!s.lC|f\w_V18V)RZ)J0H))H{fnLP3J@)CzJ"+n0r~@$oB s)uC]q{o1Q stream 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. You also have the option to opt-out of these cookies. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. 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. 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. In some states, the information on this website may be considered a lawyer referral service. The landlord is not required to collect a security deposit from the tenant. If your service has already been shut off, this will require the utility company to restore your service. Discontinuance of Service to Leased Premises Act. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. Are there specific security deposit requirements? A utility company cannot turn off your utility service without first giving you at least 30 days prior notice. Outlining who is responsible for which utility in your lease agreement can ensure all parties are informed on the expectations. 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 details, see Pennsylvania Required Landlord Disclosures. In Pennsylvania, the landlord is not required to provide a receipt when the tenants rent has been received. The landlord is required to return either part or all of the security deposit to the tenant 30 days after the tenant has vacated the premises. This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information. Assist lawyers by researching . Contact the utility company and demand that the service be restored immediately. Both landlords and tenants should be able to deal with many legal questions and problems without a lawyer, once they understand the basics of state law. Is there a specific interest rate required? 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. Find Smithmill Pennsylvania Landlord & Tenant attorneys near you. 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. However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. Termination of utility services to the mobile home. Below you will find references to Pennsylvanias Landlord-Tenant Act (1951) that govern rental properties and issues related to landlord-tenant law: Pennsylvania Landlord Tenant Act (1951). 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. 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. Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. It consists of 50 separate numbered titles, each covering a specific subject matter. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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. Allow tenants to set up recurring payments Section402. These references were compiled from the Pennsylvania Consolidated Statutes and various online sources to serve as a reference and for people wanting to learn about Pennsylvania landlord-tenant laws, Pennsylvania eviction laws, and Pennsylvania renters' rights. The premises must meet minimum standards of habitability including compliance with applicable building codes. We receive a high volume of calls each day. 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. 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. 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. Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet. His work has also appeared inPhiladelphia magazine andTechnical.lyPhilly. 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. 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. Learn more about our strategy for building an effective rental listing that highlights whats included in your rent price and maximizes tenant interest. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. x\Ks WA,BM4^+-UV*C{=#ummH@ [r)_=}?*S~~:W%2iB~N+b1{S|TYs >R+x=2 Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Copyright 2021 Tenant Union Representative Network. Ann. 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 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. Nolo's Laws and Legal Research page includes links to state and federal laws, explains how to research and understand statutes, and provides advice on finding local ordinances and court cases, including Supreme Court cases. If the tenant does not contact the landlord within ten days, the landlord may dispose of the items and absolves him or herself of all future responsibility. 2001 - 2023, Pro Bono Net, All Rights Reserved. In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. Tenants have the right to the following . 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. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. She is also a member of the Union County NJ Civil . Do landlords in Pennsylvania have to provide notice of entry? If youre listing your rental in a competitive market, then you can market how your rent price includes utilities to generate interest from prospective tenants. You will still be obligated to pay all utility bills that you do not dispute, including any bills you are receiving while the complaint is ongoing. The Pennsylvania Landlord-Tenant Act does not allow for a separate. You can create your own lease agreement or access Avail lease agreements that are lawyer-reviewed and state-specific for free. Your lease should have a Lessee to Maintain clause, which says tenants cannot misuse or neglect water, gas, or other utilities on the premises. 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. 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 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. Its also potentially risky to not have water flowing through your pipes, especially in the winter, so ensure everything works. READ THE FULL GUIDE! Lease Clauses on Utilities. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated. 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. What are the rental agreement notice requirements in Pennsylvania? Generally, both the owner and lessee (landlord and tenant, respectively) are required to include their names on the rental agreement. Between April 1 and November 30, if you pay the amount owed in full or make a payment agreement (if eligible) and meet any other conditions required by the utility company, your service must be restored within 3 days. Section403. The tenant then has 10 days from the notice date to contact the landlord. 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. However, be carefulyou may need to put down a sizable deposit and it may also affect your lease. 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. Create a Philadelphia-specific residential lease here. Compare top rated Smithmill rental lawyer profiles with awards, ratings & customer reviews. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Are interest payments required on deposits? If the utility company turned off service without prior notice, it has broken the law. Do late fees need to be in the written rental agreement? 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. 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. Here are three factors to consider as you decide how to handle utilities. 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. It shall be the duty of any public utility to pursueany appropriate legal remedy it has, necessary to obtain fromthelandlordratepayer,thenamesandaddresses ofallaffectedtenants ofa building ormobilehome park for which the utilityis proposing discontinuance of service to such landlordratepayer. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. 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. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. Whether a lease is written or verbal, both parties must agree on which party is responsible for paying the utility bills. 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. State law regulates several rent-related issues, including how much time (10 days in Pennsylvania) a tenant has to pay overdue rent or move before a landlord can file for eviction. 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. 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"). Contact your local legal services for further assistance. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. 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. 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. Whenever the landlord sues the tenant, the tenant has the right to defend him or herself. Candidate shall have prior experience working for an attorney/law firm as a paralegal. This article is part of our guide to tenants rights in Philadelphia. 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. First, the landlord must provide the tenant with an eviction notice. Please enter your city, county, or zip code. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.. In Pennsylvania, tenants are allowed to withhold rent when a Government agency or department certifies that the premises are uninhabitable. If your rental property offers utilities your tenants will use, then you may be wondering who should cover any associated fees. Create Free Lawyer-Approved Lease Agreements. The utility company must give your landlord at least 37 days notice that it will be turning off service. There are no specified lease renewal provisions in Pennsylvania. Tenants who occupy the rental unit for two or more years are entitled to interest paid on the security deposit beginning on the 25th month of occupancy. is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law. Are receipts required for rent or deposit payments? In most instances, the tenant will be responsible for handling the bills for each utility. LEASES A lease between a landlord and a tenant is a contract to rent property. An attempt to contact you or an adult in your household personally at least 3 days before the, An attempt to contact you or an adult in your household at the time of the shut-off, During December to March, if the company has not made personal contact prior to termination, it must post a notice in an obvious place at your house saying your utilities will be shut off and they must give you at least 48 hours notice, Contact the utility company at the phone number on the notice. A written lease may state how many days of notice must be given by the landlord before the landlord can evict. 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. Landlord-tenant law in the city of Pittsburgh is the same as statewide law. Furthermore, while there is no mandated notice before the landlord enters the premises to correct a repair, we recommend providing the tenant with 24 hours notice. 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