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kLB>^! 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. You also have the option to opt-out of these cookies. Assist lawyers by researching . By clicking Accept, you consent to the use of ALL the cookies. Are there specific security deposit requirements? Track rental income and expenses in one place
There is no required grace period. Analytical cookies are used to understand how visitors interact with the website. If you pay this amount directly to the utility company, they cannot stop service to your home. If the utility company turned off service without prior notice, it has broken the law. Making tenants responsible for the utilities can ease some responsibility for the landlord. 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. 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. There are no specific Pennsylvania landlord tenant laws on when the property is considered abandoned by the tenant. a telephone number at the utility company where you may call for an explanation of your rights. Tenants have similar rights and responsibilities as those listed for landlords. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. 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. Under this law, landlords must first give you written notice and then get a court order to evict you. Necessary cookies are absolutely essential for the website to function properly. 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. 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. 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 . The Philly Tenant Hotline can be reached at 267-443-2500, and CLS is available at 215-981-3700. And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, you do have rights. The utility company should not allow the tenant to be billed for the service until it is confirmed that the wiring has been corrected. 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. 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. 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. 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 . 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. 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. View more property details, sales history and Zestimate data on Zillow. Pennsylvania Landlord Tenant Laws are provided in the 68 P.S. Do late fees need to be in the written rental agreement? Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. If so, for what purposes? 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.]. You can also check local rental listings to see what other landlords are charging and if theyre including utilities. In a survey of our Pennsylvania landlords, 87% had a written rental agreement. For more information, please check our. Here's what you need to know. 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. Here are three factors to consider as you decide how to handle utilities. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. This means that there cannot be a foreign load on the tenants utility billthe tenants wiring cannot include the common areas or another apartment. This website uses cookies to improve your experience while you navigate through the website. v3Q. This overview of key landlord-tenant laws in Pennsylvania will get you started. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Are there required disclosures that need to be given to tenants? Subleasing occurs when the original tenant rents the unit to another individual. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. 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. See Filing a Security Deposit Lawsuit in Pennsylvania Justice Court for advice for tenants filing suit. 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. Are tenants allowed to withhold rent under the laws of Pennsylvania? The cookie is used to store the user consent for the cookies in the category "Other. Nick Vadala is a staff writer for the Inquirer, writing about arts, travel, food and drink, and civics. Additionally, landlords must give an EPA-approved information pamphlet. 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. The notice must be given in writing and must state the nature of the repair. Let us know what you think of our site or make requests for new content. The cookies is used to store the user consent for the cookies in the category "Necessary". Read the Law: Md. 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. Please note that a mailed notice is void. Similarly, there are no legal requirements for how rent is to be paid. In most instances, the tenant will be responsible for handling the bills for each utility. Utilities are basic necessary services provided to residential properties by public companies. -Ze!M5^[tfPlV>*tTD~'"Z4u? For complete information on handling utilities in your state, we recommend researching your state and local laws or speaking with a landlord-tenant lawyer. Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and antidiscrimination rules that affect landlords and tenants. She has proven results and has tried many jury trials to verdict. In that case, Ballenger says, you dont have access to consumer protections like financial assistance, or low-income programs. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. 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. Section403. Is there a legal requirement for late fees in Pennsylvania? Manage Your Rentals With Landlord Software. 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. 250.101). These cookies will be stored in your browser only with your consent. 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. Finally, check USA.gov, the official U.S. website for government information. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . Easily collect rent payments and other rental fees from tenants with a rent collection app. Easily collect rent payments and other rental fees from tenants with a rent collection app. Tara has attended NITA (2018). Compare top rated Smithmill rental lawyer profiles with awards, ratings & customer reviews. 4. 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. Create an account to make a lease agreement for your rental and collect rental fees from tenants. For example, if your normal rent is $300 per month, you can countersue the landlord for $600. Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. 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. stream Generally, Pennsylvania landlord-tenant law is landlord friendly. Find Plainfield New Jersey Landlord & Tenant attorneys near you. 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. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. Create a Philadelphia-specific residential lease here. And check out our tips to make your rental lease even better. 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. If youve decided that tenants should pay for their own utilities, then this should be stated in the lease agreement. First, attempt to have the landlord make the necessary payments immediately to restore your service. Fair housing (housing discrimination) information is included throughout the entire handbook. 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). 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. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. These references were compiled from the Pennsylvania Consolidated Statutes and various online sources to serve as a reference and for people wanting to learn about Pennsylvania landlord-tenant laws, Pennsylvania eviction laws, and Pennsylvania renters' rights. In Pennsylvania, the landlord is not required to provide a receipt when the tenants rent has been received. Got a question? 2. 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. Do landlords have to pay interest on security deposits in Pennsylvania? 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. Invoice your tenants for the utility bill each month so it perfectly matches how much they use. Energy Coordinating Agency Of Philadelphia (215) 988-0929, Utility Emergency Services Fund (UESF) (215) 829-0545. WearingApparel,Bibles;SchoolBooks,Sewing MachinesandMilitaryAccoutrementstobeExempt. Compare top rated Plainfield rental lawyer profiles with awards, ratings & customer reviews. Section401. 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. If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. * 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 . Standard Limit/Maximum Amount - 1.5 months' rent. It consists of 50 separate numbered titles, each covering a specific subject matter. Copyright Housing Equality Center of Pennsylvania 2023. The cookie is used to store the user consent for the cookies in the category "Performance". Storage Requirements for Security Deposits in Pennsylvania. Find Blair County Pennsylvania Landlord & Tenant attorneys near you. 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. Lease conditions can include keeping the unit clean, not damaging the unit or property, and not disrupting the quiet enjoyment of other tenants in the building. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! Otherwise, the tenant is not entitled to any interest. Stat. 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. Further, the tenant shall not disturb the peaceful enjoyment of the premises by other tenants and neighbors. 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 . It is produced in cooperation with Pro Bono Net and legal aid organizations, bar associations, community organizations and government agencies throughout Pennsylvania and the United States. Tenants are also protected if a landlord calls the water department and asks for service to the property to be turned off. Pennsylvania Security Deposit Limit and Return We're currently seeking a Landlord Tenant/Collections Paralegal to work full-time in our corporate office. There is no legal requirement for late fees. Some tenants prefer for the rent price to include utilities, as this can offer convenience and a more affordable option for them. Learn how to set a late fee. This is a special notice designed specifically for tenants in this circumstance. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. To do so, they must first terminate the tenancy by giving proper notice to move out. Similarly, a tenant has the right to fast repairs and maintenance on the property. 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. Pennsylvania landlord-tenant law is pretty landlord-friendly. We also use third-party cookies that help us analyze and understand how you use this website. This cookie is set by GDPR Cookie Consent plugin. For details, see Pennsylvania Required Landlord Disclosures. Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities? 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. 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. The tenant shall not destroy, deface, damage, impair, or remove any part of the structure or dwelling unit, or the facilities, equipment, or appurtenances. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. Tenant Rights: Security Deposits, Lease Terminations, and More. THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. Its never been easier to create, modify, and sign a rental agreement. Fair Housing Rights for People with Disabilities, Report Housing Discrimination in Pennsylvania. Your lease should have a Lessee to Maintain clause, which says tenants cannot misuse or neglect water, gas, or other utilities on the premises. 250.101 to 399.18. 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. However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. Once the utilities have been shut off, the situation may become more complicated. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. The tenant is not the utility customer and they do not qualify for utility projection such as payment arrangements, Customer Assistance Program, or residential energy efficiency and conservation programs. If youve been renting a home or apartment for any amount of time, you know that its not uncommon for your landlord to have some utility bills in their name. If you prefer to not be included, then it may make sense to have tenants set up their own utilities instead of having your own accounts set up for the rental. According to Pennsylvania law (Pennsylvania Landlord and Tenant Act), tenants have certain rights, such as the right to enjoy the property without undue disturbance and the right to a safe and livable space. Attorneys near you be responsible for the Inquirer, writing about arts,,... A Eviction: My landlord Retaliate against Me for Asserting My rights Regarding utilities create an to! Period, the landlord is not required to provide visitors with relevant ads and campaigns! Designed specifically for tenants in this circumstance option to opt-out of these cookies will be stored in browser! The Inquirer, writing about arts, travel, food and drink, and more and has tried jury! 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