Does There Have to Be an Individual Meter for Each Apartment? This overview of key landlord-tenant laws in Pennsylvania will get you started. . The length of payment agreements is determined by law. 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. 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. Generally, both the owner and lessee (landlord and tenant, respectively) are required to include their names on the rental agreement. Landlord-tenant laws differ by state. After you contact the utility, your service should be restored, and you should be sent the 30-day notice. Otherwise, the tenant is not entitled to any interest. Ask to set up a payment agreement. However, you must also pay the future monthly bills as they come due to maintain your utility service. Easily collect rent payments and other rental fees from tenants with a rent collection app. WearingApparel,Bibles;SchoolBooks,Sewing MachinesandMilitaryAccoutrementstobeExempt. The Landlord/Tenant Act requires your landlord to give you a written eviction notice. You can also check local rental listings to see what other landlords are charging and if theyre 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. What are the rules and regulations pertaining to receipt of rent payments in Pennsylvania? Read on to learn more about Pennsylvania tenant rights laws. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. For example: A tenant has the right to adequate warning before a landlord visits the property or sends someone to the property for repairs. Which situations allow a landlord to withhold a security deposit in Pennsylvania? The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. 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"). 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. Pennsylvania Landlord Tenant Laws. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. State law also says that you can deduct payments you make on the water bill from your rent. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. This means that there cannot be a foreign load on the tenants utility billthe tenants wiring cannot include the common areas or another apartment. Alternatively, a landlord may also be able to post the tenant's deposit as a bond. First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Standard Limit/Maximum Amount - 1.5 months' rent. 6 0 obj Section402. Create an account to make a lease agreement for your rental and collect rental fees from tenants. The landlord must notify the tenant of the deductions within 30 days after the tenant has vacated the premises. A landlord cannot, however, cut off your utilities as a way to force you out. Is|-W0o&|?r#="4[;k 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. Are there any provisions regarding rent control in Pennsylvania? Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. 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. If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. Tenants who occupy the rental unit for two or more years are entitled to interest paid on the security deposit beginning on the 25th month of occupancy. 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 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. Increase your rent price and bundle utilities and rent. For one, Pennsylvania doesn't have any laws in regards to a landlord's right to entry, meaning, as a landlord, you can enter your tenants' rented space without serving a prior notice. We receive a high volume of calls each day. In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. ExemptionofPropertyonPremisesUnderLeaseor SaleContractSubjecttoaSecurityInterest. 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. 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. 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. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. These are some common laws on utilities: If you do decide to include utilities in the rent price, your lease agreement should inform the tenant on who pays what. % The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. 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. 60 days) . 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. 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. x\Ks# W0n8|#SJ-8T%[lrMu5^ $A [_>B+W]>mOO0:c.M]WO]Uk:}>> kLB>^! Tenants know exactly how much they need to budget each month, and landlords don't have to track multiple charges when billing the monthly rent. 250.101 - 250.510-B . }!2FUG&}|~u:BQJyJ? uT$vO;M7am)}Ny^3Srru8e?[Be@MSV t hJbmd 182qUkMwQu33hGeu Ol F[iDtcL OG>n_on1;B]6z;P:^Sb1 s nvl>|jWnBEE{dc4`az0 [qFk/0-bcjr5h`9\au&:PN uSrGt%.~u{}Q+=]m[3>hU)mpJJnt47ur{z[V@n$`Cz*T P:an $]EP~00j>a8n^1s %.e. 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. 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. Assist lawyers by researching . The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. 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. 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. You can search the table of contents for the landlord-tenant statutes. 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. 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. These cookies ensure basic functionalities and security features of the website, anonymously. If you and your utility company cannot agree, call the Public Utility Commission (PUC) at. 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. Fair Housing Rights for People with Disabilities, Report Housing Discrimination in Pennsylvania. State and Local Government on the Net and Municode are good sources for finding local governments online. 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. 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. It must also be in good repair pursuant to the landlords impliedwarranty of habitability, an implied right in every written or oral residential lease. Below is a breakdown on how most landlords handle utilities for their rentals and who is responsible for which utility bill: Its common for landlords to include water and trash because these can be difficult to transfer from individual to individual. In Pennsylvania, tenants are allowed to withhold rent when a Government agency or department certifies that the premises are uninhabitable. Subleasing occurs when the original tenant rents the unit to another individual. 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. 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. Read the Law: Md. 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 can simplify things for both landlords and tenants. What if my Landlord is Responsible for Paying the Utility Bills? In Pennsylvania, the eviction process is outlined by the Landlord and Tenant Act of 1951. If a landlord attempts to evict you without following this law, they could be liable for an illegal eviction. 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. Are interest payments required on deposits? This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information. Are there required disclosures that need to be given to tenants? Energy Coordinating Agency Of Philadelphia (215) 988-0929, Utility Emergency Services Fund (UESF) (215) 829-0545. 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. Compare top rated Blair County rental lawyer profiles with awards, ratings & customer reviews. If so, for what purposes? She has proven results and has tried many jury trials to verdict. 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. 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. These cookies will be stored in your browser only with your consent. To go further, check out Legal Research: How to Find & Understand the Law, by Stephen Elias and the Editors of Nolo (Nolo). Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet. Tenants must refrain from any criminal or illegal use of the property, and they should report any maintenance, health, or safety issues to the landlord . No matter who is responsible to pay for the utilities, a utility company cannot cut off service without the following: After a 10-day notice has been given to a tenant by a utility company, the company has 60 days to turn off the tenants utility without another 10-day notice. In most states, the law affords special protections to victims of domestic violence. See Filing a Security Deposit Lawsuit in Pennsylvania Justice Court for advice for tenants filing suit. 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. 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 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. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. Find outhow to decide if you should allow pets in your rental property. Click here for a standard sublease template in Pennsylvania. Tara is a senior trial attorney with GEICO. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. 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. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct". Get started now by creating an online Pennsylvania rental lease agreementwith Avail. 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. Save money and time with an Avail lawyer-approved lease agreement, free for landlords. All Rights Reserved. Lease Clauses on Utilities. If the landlord fails to do so, the utility company must find another way to get this information. We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. The utility company is only required to provide you with one payment agreement for the same debt. Additionally, the lead paint and disclosure certification law requires landlords to ensure that any property where children 6 years and younger reside is free of lead. 5764 Route 145 , Laurys Station, PA 18059 is a single-family home listed for rent at /mo. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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. If your lease is in writing, make sure that the lease outlines who is responsible to pay for utilities. evidence and priority of payment as is provided by law in the case of the mortgaging of . This cookie is set by GDPR Cookie Consent plugin. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. 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. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. Its never been easier to create, modify, and sign a rental agreement. 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 . The Pennsylvania Landlord-Tenant Act does not allow for a separate pet deposit (aside from a security deposit). The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. 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. Find Plainfield New Jersey Landlord & Tenant attorneys near you. 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. READ THE FULL GUIDE! 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. Any sublet that does not comply with the lease clause will constitute a breach of lease and could potentially result in eviction. Tenants are also protected if a landlord calls the water department and asks for service to the property to be turned off. All applicants and occupants 18 and over will be run through the PA Megan's Law database and criminal history will be checked. 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. The cookie is used to store the user consent for the cookies in the category "Other. The majority of our Pennsylvania landlords noted that they provide the tenant with at least 48-hours notice before entering the premises. Reasonable time is usually interpreted as 9 a.m. to 5 p.m., Monday through Friday, holidays excluded. What it does is deprive the tenant of 30 days of service that they are required to get, he says. Schedule rent payments in advance The notice must be given in writing and must state the nature of the repair. Learn. What happens if your landlord doesn't pay the water bill? 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. In most instances, the tenant will be responsible for handling the bills for each utility. If you think that you could be a Victim of Crime, help is available. 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. If the utility company turned off service without prior notice, it has broken the law. The cookie is used to store the user consent for the cookies in the category "Analytics". In a survey of our Pennsylvania landlords, 87% had a written rental agreement. You can also sign your own ready-to-sign lease agreements with Avail at no additional cost to either party. Find Smithmill Pennsylvania Landlord & Tenant attorneys near you. And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. 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. A landlord may be entitled to 1 percent of the security deposits as an administration fee. 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. The U.S. Code is the starting place for most federal statutory research. See mold pamphlet here. Whether a lease is written or verbal, both parties must agree on which party is responsible for paying the utility bills. 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. Is there a legal requirement for late fees in Pennsylvania? If the lease is one year or more, the landlord must provide 90 days notice. And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, you do have rights. This clause informs the tenant that you agree to provide access to heat and hot water. 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. Congress has enacted laws, and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have adopted regulations, covering discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint. There is a Pennsylvania law which protects tenants whose landlords fail to pay their bills. First, the landlord must provide the tenant with an eviction notice. 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. Do late fees need to be in the written rental agreement? Thats a statutory right, Ballenger says. If the landlord does not make the necessary payments to restore service, you and any other tenants may have to make the payments in order to get the service restored. They include gas, electricity and water and sewer services. Tenant Rights: Security Deposits, Lease Terminations, and More. HiUpuT. The Philly Tenant Hotline can be reached at 267-443-2500, and CLS is available at 215-981-3700. Discontinuance of Service to Leased Premises Act. after the tenant has vacated the premises. 2010 Pennsylvania Code Title 66 - PUBLIC UTILITIES Chapter 15 - Service and Facilities 1531 - Retaliation by landlord prohibited. Are tenants allowed to withhold rent under the laws of Pennsylvania? %PDF-1.4 : 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. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. 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. ; Time Limit for Returns - 30 days, 15 days if leaving because of domestic violence, 5 days if forcibly evicted due to natural disaster. 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. Pennsylvania landlord-tenant law is pretty landlord-friendly. The eviction notice must be personally delivered to the tenant or posted on the dwelling. 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. The tenant then has 10 days from the notice date to contact the landlord. Section403. 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. There are no specified lease renewal provisions in Pennsylvania. Learn more about our strategy for building an effective rental listing that highlights whats included in your rent price and maximizes tenant interest. Making tenants responsible for the utilities can ease some responsibility for the landlord. Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. However, including utilities in rent will require your assistance if they ever experience issues with utilities. 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. 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. Earn up to $500 in account credit by referring 10 fellow DIY landlords to create an account on Avail. 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 . This cookie is set by GDPR Cookie Consent plugin. Pennsylvania Landlord Tenant Laws are provided in the 68 P.S. 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 tenant shall not destroy, deface, damage, impair, or remove any part of the structure or dwelling unit, or the facilities, equipment, or appurtenances. Ask to speak to the supervisor and write down the name of the person you speak with. -Ze!M5^[tfPlV>*tTD~'"Z4u? If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant a total of thirty days (the first ten plus twenty more) to get the items. For details, see Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules. Help prepare lawyers for meetings and court hearings. Termination of utility services to the mobile home. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. Generally, Pennsylvania landlord-tenant law is landlord friendly. See Utility Shut-Offs. You should not consider any information in this article to be legal advice. If the landlord breaks his obligation to keep the premises in a reasonable condition, this may relieve the tenant from his obligation to pay part or all of his rent until the landlord makes necessary repairs. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Creating an online Pennsylvania rental lease agreementwith Avail see Pennsylvania tenant rights laws profiles with awards, ratings amp... Your assistance if they ever experience issues with utilities supply the utility company with the names and addresses of Repair... 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