Copyright Housing Equality Center of Pennsylvania 2023. Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities? After the first ten days, the landlord may move the items to another location and charge the tenant for storage. And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. All Rights Reserved. The Pennsylvania Landlord-Tenant Act does not allow for a separate. Its never been easier to create, modify, and sign a rental agreement. Most notably, the code requires landlords to provide tenants with a copy of the City of Philadelphia Partners for Good Housingbrochure. `nv?&H2 1{{OK&G{+yr/ K`MUX7.w%7u,nRmTp9.AKHG9dLE We also use third-party cookies that help us analyze and understand how you use this website. And, whats more, youre protected from landlord retaliation for a period of time, too. For details, see Pennsylvania Required Landlord Disclosures. Schedule rent payments in advance evidence and priority of payment as is provided by law in the case of the mortgaging of . These laws also require those who operate transportation services to allow service animals. Code, Public Utilities 7-303 250.101 to 399.18. Deciding who pays for utilities during the lease term can be stressful, but certain factors can help you make a decision. Landlord-tenant law in the city of Pittsburgh is the same as statewide law. The tenant has the right to invite to his apartment or dwelling unit such employees, business visitors, tradesmen, delivery men, suppliers of goods and services, and the like as he wishes so long as he complies with applicable law. For more information, please check our. Do landlords in Pennsylvania have to provide notice of entry? The cookie is used to store the user consent for the cookies in the category "Other. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. 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. 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. Create a Philadelphia-specific residential lease here. 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.]. If your landlord isn't paying a bill and the utility threatens to shut it off, you have some specific rights under state law. Candidate shall have prior experience working for an attorney/law firm as a paralegal. 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"). Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. If you have not paid, or if you are behind in paying, your utility bills, the utility company can shut off the service to your rental property after giving proper notice. Please enter your city, county, or zip code. Section403. If you need legal assistance, consult a private attorney or call your local Legal Aid office. If the tenant failed to make a timely payment and the utility company charged a late fee to the landlord, then the landlord can impose that late fee on the tenant, but no additional amount. Specifically, the landlord may only charge a tenant the equivalent of two months rent for the security deposit for the first year of renting and the equivalent of one months rent during all subsequent years of renting. Tenants are protected through the Public Utility Code for the resale, but other protections may be under the landlord/tenant law. 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. Tenant Laws: Utilities Utilities are basic necessary services provided to residential properties by public companies. He grew up in Delaware County's Morton borough and has a degree in journalism from Temple University. * Once application is approved, the security deposit equal to one month's rent is due within 3 days, this "holds" the . These laws also require those who operate transportation services to allow service animals. Section401. -Ze!M5^[tfPlV>*tTD~'"Z4u? 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. In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. %PDF-1.4 Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. A utility company cannot turn off your utility service without first giving you at least 30 days prior notice. It consists of 50 separate numbered titles, each covering a specific subject matter. The utility company must give your landlord at least 37 days notice that it will be turning off service. 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. 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. Are receipts required for rent or deposit payments? 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. You also may be able to have the utility service transferred to your name. 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. You may also be able to apply to have future bills issued in your name. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. 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. `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'! That should trigger the process of getting the tenants service restored, and getting the tenant in a position to make those ongoing payments to maintain service, he says. 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. If a rental unit is not individually metered, then the landlord is responsible for the utility billincluding any past due balance. But opting out of some of these cookies may affect your browsing experience. Once the utilities have been shut off, the situation may become more complicated. State laws specify when and how a landlord may terminate a tenancy. What happens if your landlord doesn't pay the water bill? There are no provisions regarding rent control in Pennsylvania. The Pennsylvania Landlord-Tenant Act does not allow for a separate pet deposit (aside from a security deposit). Allow tenants to set up recurring payments If your rental property offers utilities your tenants will use, then you may be wondering who should cover any associated fees. Thats a statutory right, Ballenger says. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. Whenever the landlord sues the tenant, the tenant has the right to defend him or herself. 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. In most instances, the tenant will be responsible for handling the bills for each utility. Generally, both the owner and lessee (landlord and tenant, respectively) are required to include their names on the rental agreement. 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. All rights reserved. Got a question? Generally, Pennsylvania landlord-tenant law is landlord friendly. 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. 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. WearingApparel,Bibles;SchoolBooks,Sewing MachinesandMilitaryAccoutrementstobeExempt. Pennsylvania state law limits how much a landlord can charge for a security deposit (two months' rent for the first year of renting and one month's rent during subsequent years), when it must be returned (within 30 days after a tenant moves), and sets other restrictions on deposits. 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. The landlord is not required to collect a security deposit from the tenant. is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law. Learn how to set a late fee. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Assist lawyers by researching . Nick Vadala is a staff writer for the Inquirer, writing about arts, travel, food and drink, and civics. 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. 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. Find outhow to decide if you should allow pets in your rental property. Get Started. 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. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. Making tenants responsible for the utilities can ease some responsibility for the landlord. 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. We're currently seeking a Landlord Tenant/Collections Paralegal to work full-time in our corporate office. Who Is Responsible for Paying the Utility Bill? The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. You can search the table of contents for the landlord-tenant statutes. HiUpuT. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.. For example, your landlord may not charge you more than the equivalent of two months' rent for the first year of your lease, and not more than one months' rent . v3Q. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. There is no required grace period. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. Contact the utility company and demand that the service be restored immediately. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the 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. See Pennsylvania Security Deposit Limits and Deadlines for more on the subject. 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. The medical certification can be renewed two additional times. how to decide if you should allow pets in your rental property, Philadelphia-specific residential lease here, Allow tenants to set up recurring payments, Track rental income and expenses in one place. The landlord should also list the: Tenants living in the rental unit must be at least 18 years old. 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. They are also liable if the utility company has given written notice to the tenant that such utility service is about to be cut off because of the landlords nonpayment of the utility bill. Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. View more property details, sales history and Zestimate data on Zillow. 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. 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. That can cause issues for some tenants especially if you are low-income. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. 250.101 - 250.510-B . 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. If youre paying for all utilities, you have a few options: There are different ways to collect payments for utilities, so its important to determine the option thats best for you. The Landlord/Tenant Act requires your landlord to give you a written eviction notice. The utility company is only required to provide you with one payment agreement for the same debt. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. Does There Have to Be an Individual Meter for Each Apartment? Create Free Lawyer-Approved Lease Agreements. 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. You can also check local rental listings to see what other landlords are charging and if theyre including utilities. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. Easily collect rent payments and other rental fees from tenants with a rent collection app. 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. 2. A Landlord is obligated to supply possession of the premises as agreed in the lease. It does not store any personal data. stream Tenant Rights: Security Deposits, Lease Terminations, and More. 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. Pennsylvania does not have any specific pet laws. You still have to make payment arrangements on any undisputed utility bills. 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. Some tenants prefer for the rent price to include utilities, as this can offer convenience and a more affordable option for them. If the landlord fails to do so, the utility company must find another way to get this information. Section402. 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 use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. If the utility company turned off service without prior notice, it has broken the law. Fair housing (housing discrimination) information is included throughout the entire handbook. 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