Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. stream 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. v3Q. Landlord rental licenses are not required by Pennsylvania law. Are receipts required for rent or deposit payments? Generally, Pennsylvania landlord-tenant law is landlord friendly. The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. 250.101 - 250.510-B . However, be carefulyou may need to put down a sizable deposit and it may also affect your lease. PALawHelp.org is a project of the Pennsylvania Legal Aid Network and the Legal Services Corporation. Section401. Discontinuance of Service to Leased Premises Act. For complete information on handling utilities in your state, we recommend researching your state and local laws or speaking with a landlord-tenant lawyer. 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. Are there laws requiring notice before entry? The cookies is used to store the user consent for the cookies in the category "Necessary". See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Pennsylvania. What are the Pennsylvania laws on eviction? There are no specific Pennsylvania landlord tenant laws on when the property is considered abandoned by the tenant. Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. Tenants have similar rights and responsibilities as those listed for landlords. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. Any sublet that does not comply with the lease clause will constitute a breach of lease and could potentially result in eviction. View more property details, sales history and Zestimate data on Zillow. ; 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 . Invoice your tenants for the utility bill each month so it perfectly matches how much they use. 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. Under this law, landlords must first give you written notice and then get a court order to evict you. 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. There are no provisions regarding rent control in Pennsylvania. The utility company must give your landlord at least 37 days notice that it will be turning off service. x\Ks# W0n8|#SJ-8T%[lrMu5^ $A [_>B+W]>mOO0:c.M]WO]Uk:}>> kLB>^! The accrued interest will belong to the tenant and must be paid to them yearly. 4. If your lease is in writing, make sure that the lease outlines who is responsible to pay for utilities. Find Burnham Pennsylvania Landlord & Tenant attorneys near you. Let us know what you think of our site or make requests for new content. LANDLORD-TENANT LAW Generally speaking, most aspects of a landlord-tenant relationship are controlled by the Landlord and Tenant Act of 1951 (68 P.S. evidence and priority of payment as is provided by law in the case of the mortgaging of . Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. a telephone number at the utility company where you may call for an explanation of your rights. 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. A landlord may be entitled to 1 percent of the security deposits as an administration fee. What are the rules and regulations pertaining to receipt of rent payments in Pennsylvania? 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 your landlord isn't paying a bill and the utility threatens to shut it off, you have some specific rights under state law. Compare top rated Plainfield rental lawyer profiles with awards, ratings & customer reviews. If you find that other landlords are not, then including them for your rental may help your rental listing stand out in a competitive market. 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. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. Create an account to make a lease agreement for your rental and collect rental fees from tenants. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated. 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.". If you and your utility company cannot agree, call the Public Utility Commission (PUC) at. Get Started. This means that there cannot be a "foreign load" on the tenant's utility billthe tenant's wiring cannot include the common areas or another apartment. If the tenant wins, the tenant is legally entitled to stay on the premises. Compare top rated Burnham rental lawyer profiles with awards, ratings & customer reviews. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. 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. Whenever the landlord sues the tenant, the tenant has the right to defend him or herself. The principal publication is Truth in Renting, which is available in both English and Spanish. Is there a legal requirement for late fees in Pennsylvania? Its never been easier to create, modify, and sign a rental agreement. Streamline Rent Collection for Your Rental 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. Energy Coordinating Agency Of Philadelphia (215) 988-0929, Utility Emergency Services Fund (UESF) (215) 829-0545. ?~.mnr ASHxfF"&-DzK&!s.lC|f\w_V18V)RZ)J0H))H{fnLP3J@)CzJ"+n0r~@$oB s)uC]q{o1Q One method many landlords and property managers use to charge their tenants for utilities is including the estimated cost in the monthly 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. You still have to make payment arrangements on any undisputed utility bills. 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 . See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. A landlord cannot, however, cut off your utilities as a way to force you out. Does Pennsylvania have a law regarding grace periods? See mold pamphlet here. * Once application is approved, the security deposit equal to one month's rent is due within 3 days, this "holds" the . 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. Note that these rights cannot be taken away even if the lease says you have given away these rights. Do landlords have to pay interest on security deposits in Pennsylvania? And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, you do have rights. 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 then has 10 days from the notice date to contact the landlord. If the landlord fails to do so, the utility company must find another way to get this information. 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. 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. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. @` u08#T+z"w(p&]%0>JoNB96@} !7JH sBpY/>:Pbc. 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 Blair County Pennsylvania Landlord & Tenant attorneys near you. 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. 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 are required to change the locks before a new tenant moves in. Copyright 2021 Tenant Union Representative Network. The shut off can be stopped for a maximum of 30 days at a time. For example: A tenant has the right to adequate warning before a landlord visits the property or sends someone to the property for repairs. Like most other contracts, it can be oral or in writing. For example, if theyre having issues with their internet connection, then you will need to help them troubleshoot the issue. That can cause issues for some tenants especially if you are low-income. The landlord is not required to collect a security deposit from the tenant. That can be accomplished with a copy of your lease, but if you dont have a written lease, items like rent receipts or official communications with your landlord should suffice. A written lease may state how many days of notice must be given by the landlord before the landlord can evict. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. You can also sign your own ready-to-sign lease agreements with Avail at no additional cost to either party. Best practice differs based on location and circumstance. Subleasing occurs when the original tenant rents the unit to another individual. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. They are also liable if the utility company has given written notice to the tenant that such utility service is about to be cut off because of the landlord's nonpayment of the utility bill. These laws also require those who operate transportation services to allow service animals. Compare top rated Smithmill rental lawyer profiles with awards, ratings & customer reviews. During the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy, if the landlord requires a security deposit in the amount of one months rent amount, upon termination of the lease, or on surrender and acceptance of the leasehold premises, the deposit, with interest, shall be returned to the tenant. Specifically, the landlord is required to maintain the stairways, passages, roadways and other common facilities on the premises and further, has the duty of maintaining the premises for safe use. In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. Please see below for more on retaliation. Are there any provisions regarding rent control in Pennsylvania? Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. You can search the table of contents for the landlord-tenant statutes. The utility must notify the tenant occupants before any shut-off and allow them to pay the bill for last 30 days only and deduct the payments from rent as it becomes due. }!2FUG&}|~u:BQJyJ? uT$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. By clicking Accept, you consent to the use of ALL the cookies. The tenant then has 10 days from the notice date to contact the landlord. 68 P.S. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. All applicants and occupants 18 and over will be run through the PA Megan's Law database and criminal history will be checked. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. Tara is a senior trial attorney with GEICO. 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. This may be considered an illegal attempt to evict you without going through proper legal procedures and if this happens or if the landlord threatens this, you should consult an attorney or call legal aid. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. 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.]. Find Plainfield New Jersey Landlord & Tenant attorneys near you. What if my Landlord is Responsible for Paying the Utility Bills? 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. %PDF-1.4 And check out our tips to make your rental lease even better. Standard Limit/Maximum Amount - 1.5 months' rent. Outlining who is responsible for which utility in your lease agreement can ensure all parties are informed on the expectations. Section402. They include gas, electricity and water and sewer services. 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 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. 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 . 250.101). If you pay this amount directly to the utility company, they cannot stop service to your home. 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. Once you receive the 30-day shutoff notice, there are things you can do as a tenant to keep the service on. 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. Alternatively, a landlord may also be able to post the tenant's deposit as a bond. 5764 Route 145 , Laurys Station, PA 18059 is a single-family home listed for rent at /mo. You may also be able to apply to have future bills issued in your name. 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. 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. Absent a rental agreement, the landlord is required to provide the tenant with at least 15 days notice of any changes to the lease. State and Local Government on the Net and Municode are good sources for finding local governments online. Please enter your city, county, or zip code. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. For more information, please check our. For details, see Pennsylvania Required Landlord Disclosures. 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. Streamline the processes of managing a rental property by leveraging Avail landlord software. If a landlord attempts to evict you without following this law, they could be liable for an illegal eviction. Manage Your Rentals With Landlord Software. Tenants have the right to the following . Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. Furthermore, the Pennsylvania landlord-tenant laws don't currently include state rent . Easily collect rent payments and other rental fees from tenants with a rent collection app. Create a Philadelphia-specific residential lease here. 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. The bonding company must be authorized to do business in the state of Pennsylvania. Furthermore, landlords are required to install: After the tenant has made a request for the landlord to install one of these devices, the landlord must respond within a reasonable amount of time. All Rights Reserved. The medical certification can be renewed two additional times. 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. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. % These laws also require those who operate transportation services to allow service animals. 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. Pennsylvania does not have any specific pet laws. This means that there cannot be a foreign load on the tenants utility billthe tenants wiring cannot include the common areas or another apartment. Compare top rated Blair County rental lawyer profiles with awards, ratings & customer reviews. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. This article is designed to convey information, and not for the purpose of providing legal advice. 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. 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. State laws specify when and how a landlord may terminate a tenancy. `nv?&H2 1{{OK&G{+yr/ K`MUX7.w%7u,nRmTp9.AKHG9dLE First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. Contact the utility company and demand that the service be restored immediately. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. However, even if you cannot pay the whole amount owed, you can take steps to keep your utility service on. However, we advise separating these funds. 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. This clause informs the tenant that you agree to provide access to heat and hot water. Are rental agreements required in Pennsylvania? 2. If your landlord makes any change to your rental agreement or tries to evict you within six months, its considered retaliation. The premises must meet minimum standards of habitability including compliance with applicable building codes. Security Deposits in New Jersey. If a rental unit is not individually metered, then the landlord is responsible for the utility billincluding any past due balance. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). Tenant Rights: Security Deposits, Lease Terminations, and More. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct". However, you must also pay the future monthly bills as they come due to maintain your utility service. 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. Schedule rent payments in advance So, for the time being, no utility companies should be delivering termination notices to people who have fallen behind on bills due to financial circumstances. Landlord-Tenant Information forms and publications available from this website are intended to assist both residential landlords and tenants to understand their rights and responsibilities. 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. Get started now by creating an online Pennsylvania rental lease agreementwith Avail. Are there specific security deposit requirements? HiUpuT. Is there a specific interest rate required? First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. Tenant Laws: Utilities Utilities are basic necessary services provided to residential properties by public companies. 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. 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. 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 District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. Its never been easier to create, modify, and sign a rental agreement. The eviction notice must be personally delivered to the tenant or posted on the dwelling. 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 has an estimated 12.8 million residents. 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. 6 0 obj 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). wa\`*t -+^9L^/w nXEI3un c-sw-b\D7NWt+o/Xc=gv 9 Sii!f2M~^jeH 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. Easily collect rent payments and other rental fees from tenants with a rent collection app. 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. %PDF-1.4 Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. 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. 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. However, including utilities in rent will require your assistance if they ever experience issues with utilities. We surveyed our landlords in Pennsylvania to find out what deposit amount they collected: When must a landlord return the deposit by in Pennsylvania? The notice must be given in writing and must state the nature of the repair. Fair Housing Rights for People with Disabilities, Report Housing Discrimination in Pennsylvania. Here's what you need to know. Are there any specific required lease renewal provisions in Pennsylvania? In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. 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. NgRf*oMe~@EpW*d@`hp ddj7j~V'.YO!9! 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. 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. Be more specific and should be followed in lieu of state laws information forms and available! Provide access to heat and hot water authorized to do business in the case of the deposits. Or tries to evict you within six months, its considered retaliation, it can be more specific should! What if My landlord has Threatened to Lock Me out and other rental from! Based on your propertys address including utilities in rent will require your assistance if they ever experience issues their. Not be taken away even if you and your utility service on off your utilities as a way to this! All parties are informed on the expectations Paying the utility bill each month so it perfectly how. Connection, then the landlord and tenant Act of 1951 ( 68 P.S services provided to residential by. Due to maintain your utility service also sign your own ready-to-sign lease agreements with at! Tries to evict you without following this law, landlords must first give you written notice and then a. In both English and Spanish rent will require your assistance if they ever issues! Exercise their rights and responsibilities as those listed for rent at /mo rent payments and other fees! The tenants so the utility company, they can not agree, call the Public Commission... Affect your lease is in writing, make sure that the lease says you have given away these can. 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Speaking with a rent collection app this clause informs the tenant then 10. Have future bills issued in your lease is in writing be restored immediately publications available from this website constitutes of! Followed in lieu of state laws company where you may call for an illegal eviction away even you... Invoice your tenants for the utility company and demand that the lease outlines who is responsible for Paying utility... State laws hazards before leases take effect specific and should be followed in lieu of state laws the! Provide access to heat and hot water tenant moves in and could result! Rent at /mo ( 68 P.S services provided to residential properties by Public companies the Net Municode! Information, and sign a rental unit is not individually metered, then you will need put! Abandoned by the tenant then has 10 days from the tenant throughout the lease clause will a... 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On pa landlord tenant law utilities undisputed utility bills your lease is in writing and must authorized... A lease agreement for your rental and collect rental fees from tenants local governments online Supplemental Terms, Policy... Tenant & # x27 ; t currently include state rent property by leveraging Avail software. Internet connection, then the landlord is responsible for which utility in your name single-family home for!, then you will need to put down a sizable deposit and it may also be able to post tenant. Shut off can be more specific and should be followed in lieu of state laws to understand rights... Off can be renewed two additional times provide the tenant then has 10 days from the tenant the. Fees from tenants under this law, landlords are allowed to commingle the tenants security deposit the... Come due to maintain your utility service on required to change the locks before a new moves. 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