In a survey of our Pennsylvania landlords, 87% had a written rental agreement. Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities? He grew up in Delaware County's Morton borough and has a degree in journalism from Temple University. This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information. If you do need to contact the utility either to take over payments or to request that the account be put in your name, you will need to demonstrate that you are a tenant, Ballenger says. However, we strongly recommend the landlord provide a receipt, for recordkeeping purposes, stating the payment date, the amount, the period for which the rent was paid, and the apartment number. Please note that a mailed notice is void. Tenants are also protected if a landlord calls the water department and asks for service to the property to be turned off. 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. Compare top rated Blair County rental lawyer profiles with awards, ratings & customer reviews. Is|-W0o&|?r#="4[;k 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. 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. 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. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. 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 Are rental agreements required in Pennsylvania? The utility company must give your landlord at least 37 days notice that it will be turning off service. It is more difficult to get service turned back on after shut off. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. However, even if you cannot pay the whole amount owed, you can take steps to keep your utility service on. Security Deposits in New Jersey. (July 2, 1993, P.L.379, No.54, eff. 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. In Pennsylvania, there are specific procedures on how to handle abandoned property. Streamline the processes of managing a rental property by leveraging Avail landlord software. Learn. Best practice differs based on location and circumstance. 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. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. Similarly, there are no legal requirements for how rent is to be paid. In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. Pennsylvania has an estimated 12.8 million residents. Pennsylvania Landlord Tenant Laws. 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. LEASES A lease between a landlord and a tenant is a contract to rent property. What are the Pennsylvania laws on eviction? Do landlords in Pennsylvania have to provide notice of entry? Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. All rights reserved. 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. Ask to set up a payment agreement. Get a printable renter application AND learn how to screen Pennsylvania tenants securelyfree for landlords. check your local jurisdiction for rental license laws in case it is required locally. Your landlord is not legally allowed to interfere with your utility service, even if you are behind in your rent. She has proven results and has tried many jury trials to verdict. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. 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. Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater. Heat and Hot Water Clause. Necessary cookies are absolutely essential for the website to function properly. For complete information on handling utilities in your state, we recommend researching your state and local laws or speaking with a landlord-tenant lawyer. 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. In most states, subleasing is not allowed unless the landlord consents. 68 P.S. The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. By clicking Accept, you consent to the use of ALL the cookies. State law also says that you can deduct payments you make on the water bill from your rent. `l>LYXPG4G&Aj>cSK*,10y6w4l5H"sE78k]5OLjCj%-g8)Q^&GdgN. q ~ xP$\:mj'2; gc7X vp25Ot0O`{@\1 ]YM~U=t^a#t4FR)bo&FsAp.3Ux~~kEipoTO.)X_C%m )23"R@g1DU7id'! The utility company is only required to provide you with one payment agreement for the same debt. 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. Some tenants prefer for the rent price to include utilities, as this can offer convenience and a more affordable option for them. His work has also appeared inPhiladelphia magazine andTechnical.lyPhilly. 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. Pennsylvania landlord-tenant law is pretty landlord-friendly. Ask to speak to the supervisor and write down the name of the person you speak with. Finally, check USA.gov, the official U.S. website for government information. Get Started. 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. You can create your own lease agreement or access Avail lease agreements that are lawyer-reviewed and state-specific for free. For details, see Pennsylvania Required Landlord Disclosures. 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. 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. 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 tenants dwelling is liable to the tenant if the utility company has cut off utility service to the tenants dwelling. Charge a flat monthly fee for utilities (youll want this to be the average utility cost each month). exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. The principal publication is Truth in Renting, which is available in both English and Spanish. Generally, Pennsylvania landlord-tenant law is landlord friendly. Additionally, landlords must give an EPA-approved information pamphlet. Usually, that means a possible or impending shutoff. 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. The accrued interest will belong to the tenant and must be paid to them yearly. Storage Requirements for Security Deposits in Pennsylvania. 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. 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. 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). Landlord rental licenses are not required by Pennsylvania law. 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. In Pennsylvania, tenants are allowed to withhold rent when a Government agency or department certifies that the premises are uninhabitable. This responsibility of the landlord extends not only to the individual tenant, but also to his family, servants and employees, business visitors, and social guests. 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. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. If you need legal assistance, consult a private attorney or call your local Legal Aid office. Most notably, the code requires landlords to provide tenants with a copy of the City of Philadelphia Partners for Good Housingbrochure. 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. The U.S. Code is the starting place for most federal statutory research. Pennsylvania Security Deposit Limit and Return First, the landlord must provide the tenant with an eviction notice. Are there specific security deposit requirements? We're currently seeking a Landlord Tenant/Collections Paralegal to work full-time in our corporate office. Discontinuance of Service to Leased Premises Act. Find Plainfield New Jersey Landlord & Tenant attorneys near you. 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. In Pennsylvania, it is illegal for the landlord to retaliate against a tenant who has exercised a legal right, including, complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions assembling and presenting your views collectivelyfor example, by joining or organizing a tenant union, or. the date on or after which they will turn off your utility service. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. The attorney listings on this site are paid attorney advertising. This means that there cannot be a foreign load on the tenants utility billthe tenants wiring cannot include the common areas or another apartment. %PDF-1.4 Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. Subleasing occurs when the original tenant rents the unit to another individual. 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 premises must meet minimum standards of habitability including compliance with applicable building codes. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. This article is designed to convey information, and not for the purpose of providing legal advice. A typical sublease provision in the State of Pennsylvania reads as follows: Lessee shall not sublet the Premises or any part thereof, nor assign this lease, without obtaining Lessors prior written permission to sublet or assign. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. 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. You can also check local rental listings to see what other landlords are charging and if theyre including utilities. Your lease should have a Lessee to Maintain clause, which says tenants cannot misuse or neglect water, gas, or other utilities on the premises. This can be done by including three clauses: 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. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. stream 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. Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. In most states, the law affords special protections to victims of domestic violence. 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 . 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. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. 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. 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. 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. For more information, please check our. 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. Section402. Similarly, a tenant has the right to fast repairs and maintenance on the property. 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. Furthermore, the Pennsylvania landlord-tenant laws don't currently include state rent . exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. Which situations allow a landlord to withhold a security deposit in Pennsylvania? Easily collect rent payments and other rental fees from tenants with a rent collection app. 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. This cookie is set by GDPR Cookie Consent plugin. But right now, Pennsylvania and Philadelphia have some moratoriums against shutting off utilities due to nonpayment because of the coronavirus. Its also potentially risky to not have water flowing through your pipes, especially in the winter, so ensure everything works. Fair housing (housing discrimination) information is included throughout the entire handbook. First, attempt to have the landlord make the necessary payments immediately to restore your service. Tenant Rights: Security Deposits, Lease Terminations, and More. The Pennsylvania Landlord-Tenant Act does not allow for a separate pet deposit (aside from a security deposit). However, the law does change, sometimes quickly and unexpectedly. Fair Housing Rights for People with Disabilities, Report Housing Discrimination 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. You can search the table of contents for the landlord-tenant statutes. The utility company should not allow the tenant to be billed for the service until it is confirmed that the wiring has been corrected. In Pennsylvania, the eviction process is outlined by the Landlord and Tenant Act of 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. These cookies track visitors across websites and collect information to provide customized ads. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. READ MORE: Your rights as a tenant: Check out our tenants' rights guide. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. 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. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. State and Local Government on the Net and Municode are good sources for finding local governments online. There is a provision within the Pennsylvania Utility Code that makes it unlawful for a landlord to retaliate against a tenant for exercising their rights under the Pennsylvania Utility Code. Are there laws requiring notice before entry? And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, that might be a little troubling. ZN;p)h*Hc0g/Ra &9,\jX?08bCL>w0_c : *'X=43YP Z q\%eE7S8~ED3BFBy)(}3,CW=9&|=Z:unevN]2Ug>/OrWA$)gtSt5r/ UloX~g/a1)K_6oLznyI7Lb,Lb>w 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. Compare top rated Plainfield rental lawyer profiles with awards, ratings & customer reviews. If a landlord chooses to collect a security deposit, he or she may only charge the tenant a security deposit up to a certain amount. Utilities are basic necessary services provided to residential properties by public companies. The tenant shall not destroy, deface, damage, impair, or remove any part of the structure or dwelling unit, or the facilities, equipment, or appurtenances.
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