Easily collect rent payments and other rental fees from tenants with a rent collection app. See mold pamphlet here. Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. You may be required to provide a copy of the PFA to the utility company. 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. For details, see Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules. 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. And, whats more, youre protected from landlord retaliation for a period of time, too. What are the rental agreement notice requirements in Pennsylvania? Are interest payments required on deposits? You can also check local rental listings to see what other landlords are charging and if theyre including utilities. In most instances, the tenant will be responsible for handling the bills for each utility. Section403. If you think that you could be a Victim of Crime, help is available. stream To access the statutes, go to the Pennsylvania Laws and Legal Information section of the Nolo site and find the link to your state laws. Similarly, there are no legal requirements for how rent is to be paid. 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. Tenant Laws: Utilities Utilities are basic necessary services provided to residential properties by public companies. If the utility company turned off service without prior notice, it has broken the law. 5764 Route 145 , Laurys Station, PA 18059 is a single-family home listed for rent at /mo. A utility company cannot turn off your utility service without first giving you at least 30 days prior notice. 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. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Your landlord is not legally allowed to interfere with your utility service, even if you are behind in your rent. You should not consider any information in this article to be legal advice. Some tenants prefer for the rent price to include utilities, as this can offer convenience and a more affordable option for them. Landlord Tenant Rights If payment has been accepted for rent (and/or a written or oral lease exists), a renter has inherent rights under landlord tenant law. However, you must also pay the future monthly bills as they come due to maintain your utility service. Are there specific security deposit requirements? First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. Ask us using the form at the bottom of this article. What happens if your landlord doesn't pay the water bill? There is no legal requirement for late fees. 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.]. However, there are also rentals that do require tenants to cover the cost of common utilities. If your household is low income, make sure you inform the utility company as there are longer payment agreements available for low income households. Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. 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. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. For details, see Pennsylvania Required Landlord Disclosures. * Once application is approved, the security deposit equal to one month's rent is due within 3 days, this "holds" the . While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital utility service when a landlord doesnt pay the bill. Seek legal counsel as soon as possible if you do this. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. 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. Its never been easier to create, modify, and sign a rental agreement. Tenants have the right to the following . Ivanov Aleksey y / Getty Images/iStockphoto. 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. The majority of our Pennsylvania landlords noted that they provide the tenant with at least 48-hours notice before entering the premises. 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 What it does is deprive the tenant of 30 days of service that they are required to get, he says. What are the Pennsylvania laws on eviction? wa\`*t -+^9L^/w nXEI3un c-sw-b\D7NWt+o/Xc=gv 9 Sii!f2M~^jeH Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. 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. 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 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. 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. Your service will not be able to be shut off during the period that you are waiting for a response to your inquiry or dispute. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. 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. The landlord is not required to collect a security deposit from the tenant. 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. READ THE FULL GUIDE! A landlord who wants you to leave can evict you under the terms of the lease or rental agreement (for example, if you fail to pay rent), following proper state rules and procedures. Tenants can sue landlords in District Justice Court or Philadelphia Municipal Court (depending upon their location) for the return of their deposit, up to a dollar amount of $12,000. If 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. Generally, Pennsylvania landlord-tenant law is landlord friendly. State and Local Government on the Net and Municode are good sources for finding local governments online. 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. 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. Help prepare lawyers for meetings and court hearings. Pennsylvania landlord-tenant law allows tenants the right to have visitors as long as they continue to observe their other obligations as a tenant. 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. View more property details, sales history and Zestimate data on Zillow. 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. Landlord and Tenant Act of 1951. 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. 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. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Between December 1 and March 31, your service must be restored within 24 hours 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. 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. But changing the name may be complicated, depending on the situation, and your landlord could fight the change, Ballenger says. 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. 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. a telephone number at the utility company where you may call for an explanation of your rights. Generally, Pennsylvania landlord-tenant law is landlord friendly. The cookie is used to store the user consent for the cookies in the category "Performance". Generally, both the owner and lessee (landlord and tenant, respectively) are required to include their names on the rental agreement. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law. 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. Landlord rental licenses are not required by Pennsylvania law. State law also says that you can deduct payments you make on the water bill from your rent. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. Additionally, landlords must give an. Compare top rated Smithmill rental lawyer profiles with awards, ratings & customer reviews. 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, the eviction process is outlined by the Landlord and Tenant Act of 1951. Absent a rental agreement, the landlord is required to provide the tenant with at least 15 days notice of any changes to the lease. The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. Got a question? The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. Is a security deposit required in Pennsylvania? Are there any provisions regarding rent control in Pennsylvania? If the tenant wins, the tenant is legally entitled to stay on the premises. If you do not believe a utility is providing a payment term you can report them to the Public Utility Commission (PUC) at, Show that you paid your bill or show that there is a disagreement (dispute) about your bill. This means that there cannot be a foreign load on the tenants utility billthe tenants wiring cannot include the common areas or another apartment. There are no provisions regarding rent control in Pennsylvania. 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. A landlord cannot, however, cut off your utilities as a way to force you out. The shut off can be stopped for a maximum of 30 days at a time. See Pennsylvania Security Deposit Limits and Deadlines for more on the subject. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. Fair housing (housing discrimination) information is included throughout the entire handbook. But opting out of some of these cookies may affect your browsing experience. Security Deposits in New Jersey. However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. She has proven results and has tried many jury trials to verdict. Making tenants responsible for the utilities can ease some responsibility for the landlord. (July 2, 1993, P.L.379, No.54, eff. Also, the Cornell Legal Information Institute provides the entire U.S. Code as well as the Code of Federal Regulations. 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. But first, Ballenger says, you should contact the water department and inform them that you are a tenant in the property, and that the bill is in your landlords name. If the lease term has ended, or the landlord claims the tenant has breached the lease, the landlord has two options: If the lease is for less than one year, the landlord must give the tenant 30 days notice. 60 days) . Deciding who pays for utilities during the lease term can be stressful, but certain factors can help you make a decision. In the state of Pennsylvania, a rental agreement is valid wherever a tenant agrees to exchange rent for occupying a property. Under Pennsylvania law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. 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. 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. Typical duties of the landlord. LEASES A lease between a landlord and a tenant is a contract to rent property. Otherwise, the tenant is not entitled to any interest. Lease Clauses on Utilities. Finally, check USA.gov, the official U.S. website for government information. But right now, Pennsylvania and Philadelphia have some moratoriums against shutting off utilities due to nonpayment because of the coronavirus. Find outhow to decide if you should allow pets in your rental property. 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. The utility company must give your landlord at least 37 days notice that it will be turning off service. Read on to learn more about Pennsylvania tenant rights laws. Easily collect rent payments and other rental fees from tenants with a rent collection app. 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. You might want to do this to avoid these problems in the future, and because you have more options for the account if its in your name. Get a printable renter application AND learn how to screen Pennsylvania tenants securelyfree for landlords. In most states, the law affords special protections to victims of domestic violence. Best practice differs based on location and circumstance. 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. 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). This article is part of our guide to tenants rights in Philadelphia. We also use third-party cookies that help us analyze and understand how you use this website. 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. 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. 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