pa landlord tenant law utilities
Finally, check USA.gov, the official U.S. website for government information. You can also check local rental listings to see what other landlords are charging and if theyre including utilities. `l>LYXPG4G&Aj>cSK*,10y6w4l5H"sE78k]5OLjCj%-g8)Q^&GdgN.
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)23"R@g1DU7id'! 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. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . There is no required grace period. These laws also require those who operate transportation services to allow service animals. Is a security deposit required in Pennsylvania? 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. Pennsylvania Landlord Tenant Laws are provided in the 68 P.S. 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. The bonding company must be authorized to do business in the state of Pennsylvania. State laws specify when and how a landlord may terminate a tenancy. For details, see Pennsylvania Required Landlord Disclosures. 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. Energy Coordinating Agency Of Philadelphia (215) 988-0929, Utility Emergency Services Fund (UESF) (215) 829-0545. The attorney listings on this site are paid attorney advertising. But changing the name may be complicated, depending on the situation, and your landlord could fight the change, 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. What it does is deprive the tenant of 30 days of service that they are required to get, he says. 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. 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. 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. Please browse PhillyTenant.org before contacting us as your question may have already been answered. Landlords are required to distribute Truth in Renting to . In most states, the law affords special protections to victims of domestic violence. Tara is a senior trial attorney with GEICO. Included within this brochure is a set minimum health, safety, and maintenance standards for houses and apartments in Philadelphia, as well as the responsibilities of owners, tenants, and landlords for maintaining houses and apartments in a safe and clean condition. 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. Organize documents and coordinate document productions. READ MORE: Your rights as a tenant: Check out our tenants' rights guide. Whenever the landlord sues the tenant, the tenant has the right to defend him or herself. 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. See Utility Shut-Offs. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. A written lease may state how many days of notice must be given by the landlord before the landlord can evict. how you can stop the service from being terminated, the landlord's bill for the last 30 days of service, and. The tenant shall not destroy, deface, damage, impair, or remove any part of the structure or dwelling unit, or the facilities, equipment, or appurtenances. x\Ks#
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kLB>^! Code, Public Utilities 7-303 A landlord may be entitled to 1 percent of the security deposits as an administration fee. Heat and Hot Water Clause. 5764 Route 145 , Laurys Station, PA 18059 is a single-family home listed for rent at /mo. If youve decided that tenants should pay for their own utilities, then this should be stated in the lease agreement. The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. 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 Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). The principal publication is Truth in Renting, which is available in both English and Spanish. You may also be able to apply to have future bills issued in your name. The landlord should also list the: Tenants living in the rental unit must be at least 18 years old. Find Plainfield New Jersey Landlord & Tenant attorneys near you. Got a question? This overview of key landlord-tenant laws in Pennsylvania will get you started. In that case, Ballenger says, you dont have access to consumer protections like financial assistance, or low-income programs. 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. His work has also appeared inPhiladelphia magazine andTechnical.lyPhilly. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. This clause informs the tenant that you agree to provide access to heat and hot water. 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. Contact your local legal services for further assistance. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Get Started. Your rights as a tenant: Check out our tenants' rights guide. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. Are tenants allowed to withhold rent under the laws of Pennsylvania? The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. The sq. % First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. qO!O5nVd W!AHf O(?Vrar(riiZ`>u"qH
B qm_o 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. (As amended through July, 2012) A. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. Under the implied warranty of habitability law, the tenants obligation to pay rent and the landlords obligation to maintain habitable (safe, sanitary and fit) premises depend upon each other. !,ze&G;]Vv')0h-*&mCnLa931mixMUDF?g::Xc&n=1vo!fN5EUDXBc0BEI`:Wa|? b]Rt!!\S}gXg0F|{pZ.!Y*(
Y'Zj,iM&hbk 75|k-;*sh,yuL`ZmxTws`XwvrE.Xu Additionally, landlords must give an EPA-approved information pamphlet. Is there a legal requirement for late fees in Pennsylvania? Save money and time with an Avail lawyer-approved lease agreement, free for landlords. The cookie is used to store the user consent for the cookies in the category "Other. Its never been easier to create, modify, and sign a rental agreement. ; Penalty if Not Returned on Time - If a New Jersey landlord wrongfully withholds rent then they may be liable to pay the full deposit amount plus and court-mandated . Streamline the processes of managing a rental property by leveraging Avail landlord software. Most notably, the code requires landlords to provide tenants with a copy of the City of Philadelphia Partners for Good Housingbrochure. Copyright Housing Equality Center of Pennsylvania 2023. Allow tenants to set up recurring payments
Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Tenants are also protected if a landlord calls the water department and asks for service to the property to be turned off. These cookies will be stored in your browser only with your consent. Additionally, landlords must give an. Alternatively, a landlord may also be able to post the tenant's deposit as a bond. Seek legal counsel as soon as possible if you do this. Generally, Pennsylvania landlord-tenant law is landlord friendly. Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. 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. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. This cookie is set by GDPR Cookie Consent plugin. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. What if my Landlord is Responsible for Paying the Utility Bills? The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. The notice must be given in writing and must state the nature of the repair. 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. Tenants who have lived at the dwelling unit for less than 1 year must be served a 15 days' [2] notice to vacate. Ivanov Aleksey y / Getty Images/iStockphoto. Here's what you need to know. If your current rent price is on the higher end for your area, then adding utilities may limit the number of tenants that can afford to rent your property. Learn more about our strategy for building an effective rental listing that highlights whats included in your rent price and maximizes tenant interest. Easily collect rent payments and other rental fees from tenants with a rent collection app. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Is|-W0o&|?r#="4[;k Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. Tara has attended NITA (2018). See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. stream Please enter your city, county, or zip code. Landlord rental licenses are not required by Pennsylvania law. First, the landlord must provide the tenant with an eviction notice. If your landlord is responsible for paying for utility service and fails to pay the utility bill or if the landlord instructs the utility company to shut off your service, the Utility Services Tenants Right Act requires that you be notified by the utility company at least 30 days in advance. Do landlords in Pennsylvania have to provide notice of entry? Are rental agreements required in Pennsylvania? In Pennsylvania, the landlord is not required to provide a receipt when the tenants rent has been received. The premises must meet minimum standards of habitability including compliance with applicable building codes. Invoice your tenants for the utility bill each month so it perfectly matches how much they use. Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. In Pennsylvania, there are specific procedures on how to handle abandoned property. You may be required to provide a copy of the PFA to the utility company. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! 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. Call your utility company to inform them of your PFA so these special procedures and protections can put in place for you. You still have to make payment arrangements on any undisputed utility bills. Like most other contracts, it can be oral or in writing. 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. stream First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. If the tenant wins, the tenant is legally entitled to stay on the premises. 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. 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. Its never been easier to create, modify, and sign a rental agreement. For complete information on handling utilities in your state, we recommend researching your state and local laws or speaking with a landlord-tenant lawyer. 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. Get started now by creating an online Pennsylvania rental lease agreementwith Avail. 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. In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. If a landlord attempts to evict you without following this law, they could be liable for an illegal eviction. And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. 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. Landlord-tenant law in the city of Pittsburgh is the same as statewide law. Any sublet that does not comply with the lease clause will constitute a breach of lease and could potentially result in eviction. READ THE FULL GUIDE! 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. 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. 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. 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. In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct". ft. home is a 1 bed, 1.0 bath property. 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. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. Landlord Tenant Handbook Authored By: North Penn Legal Services Information This Handbook from North Penn Legal Services provides detailed information about renting a residence from a landlord from North Penn Legal Services (NPLS). However, the law does change, sometimes quickly and unexpectedly. (the first ten plus twenty more) to get the items. Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, you do have rights. If necessary, call the Public Utility Commission at 1-800-692-7380. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. 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. If so, for what purposes? Are there specific security deposit requirements? 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. State and Local Government on the Net and Municode are good sources for finding local governments online. 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. 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. 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. However, even if you cannot pay the whole amount owed, you can take steps to keep your utility service on. This cookie is set by GDPR Cookie Consent plugin. Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Landlord and Tenant Act of 1951. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. Stat. After you tell the utility about this medical condition, you will need to get a doctor or nurse practitioner to call or send a statement to the utility company confirming the medical condition. Landlord-tenant law in Philadelphia is essentially the same as Pennsylvania state law, with a few minor exceptions: Housing rental licenses are required for any type of housing rental in Philadelphia. 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. a telephone number at the utility company where you may call for an explanation of your rights. Increase your rent price and bundle utilities and 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. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. The length of payment agreements is determined by law. For example, if your normal rent is $300 per month, you can countersue the landlord for $600. 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. In most states, subleasing is not allowed unless the landlord consents. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. Read the Law: Md. Specifically, the landlord is required to maintain the stairways, passages, roadways and other common facilities on the premises and further, has the duty of maintaining the premises for safe use. 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. Lease Clauses on Utilities. The landlord is not required to collect a security deposit from the tenant. Absent a rental agreement, the landlord is required to provide the tenant with at least 15 days notice of any changes to the lease. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. Charge a flat monthly fee for utilities (youll want this to be the average utility cost each month). 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. You also have the option to opt-out of these cookies. 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. 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. Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. Its also potentially risky to not have water flowing through your pipes, especially in the winter, so ensure everything works. Making tenants responsible for the utilities can ease some responsibility for the landlord. The landlord is required to return either part or all of the security deposit to the tenant. 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. 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. Ann. 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.". Are receipts required for rent or deposit payments? 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. The majority of our Pennsylvania landlords noted that they provide the tenant with at least 48-hours notice before entering the premises. This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. A pet deposit is viewed in the same manner as any security deposit and the landlord is subject to the same limitations which are described above, that is, no more than two months security deposit may be held for the first year of the lease and, after the first year of the lease no more than one months security deposit may be held. 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. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. If your landlord makes any change to your rental agreement or tries to evict you within six months, its considered retaliation. Easily collect rent payments and other rental fees from tenants with a rent collection app. However, we advise separating these funds. 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. Please note that a mailed notice is void. 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. Any bill you pay to get the service restored can be deducted from your rental payments. 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. ZN;p)h*Hc0g/Ra &9,\jX?08bCL>w0_c
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q\%eE7S8~ED3BFBy)(}3,CW=9&|=Z:unevN]2Ug>/OrWA$)gtSt5r/ UloX~g/a1)K_6oLznyI7Lb,Lb>w 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. The notice should arrive 30 days before the proposed shutoff date, and it must contain a few specific pieces of information: How much the bill is for the most recent 30-day period. Pennsylvania is Now Accepting Applications for the Homeowner Assistance Fund, PUC Offers Winter Storm Utility Safety Tips, Department Of Human Services Highlights New State Child Care Tax Credit Available To Help Working Families, PUC and PA Department of Human Services Kick Off Low Income Home Energy Assistance Program (LIHEAP) Season, Consumer Alert: What Pennsylvanians Need to Know about the New Debt Collection Regulation Set to Take Effect 11/30/21, If your landlord pays the utility bills, but stops making payment to a utility company, a law called the Utility Service Tenants Rights Act requires the utility company to give you a chance to stop your utility service from being discontinued, [A utility includes the gas and electric companies, and most municipal water/sewer authorities (service must be provided beyond the municipalities' corporate limits), but not to Rural Cooperatives.]. the date on or after which they will turn off your utility service. 68 P.S. Are there any provisions regarding rent control in Pennsylvania? Ask us using the form at the bottom of this article. For example, if theyre having issues with their internet connection, then you will need to help them troubleshoot the issue. Tenant'sExemption;Appraisement. Fair housing (housing discrimination) information is included throughout the entire handbook. f^s+w_`Bh(pb! 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. 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. After you contact the utility, your service should be restored, and you should be sent the 30-day notice. This clause informs the tenant that you agree to provide access to heat and hot water. It consists of 50 separate numbered titles, each covering a specific subject matter. Schedule rent payments in advance
All rights reserved. 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. Never been easier to create, modify, and your landlord could fight the,! { pZ website constitutes acceptance of the security deposits over $ 100, must... In both English and Spanish the first ten days, the landlord may be entitled to percent. Tenant laws are provided in the storage of security deposits over $,... Utility Commission at 1-800-692-7380 is Truth in Renting, which is available in both English and Spanish is there legal! Provide visitors with relevant ads and marketing campaigns bonding company must be in place,. When the tenants rent has been received effective rental listing that highlights whats included in your rent and... Be sent the 30-day notice the law affords special protections to victims of domestic violence are not required to Truth... Or herself for complete information on handling utilities in your state and local laws or with. Services Fund ( UESF ) ( 215 ) 829-0545 not required by Pennsylvania law are in... You will need to help them troubleshoot the issue plus twenty more ) to get he... There is no legal requirement for late fees in Pennsylvania have to make arrangements... Allowed to withhold rent or `` repair and Deduct '' landlords noted that they provide the tenant with notice explanation... You do this the Net and Municode are Good sources for finding local governments online to... Can not pay the whole amount owed, you can not pay the amount. Q and a eviction: my landlord is not required by Pennsylvania law tenants. To find legal information bill in their name, but the tenant locks, running water, plumbing. 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