pa landlord tenant law utilities

Once you receive the 30-day shutoff notice, there are things you can do as a tenant to keep the service on. how you can stop the service from being terminated, the landlord's bill for the last 30 days of service, and. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. Typical duties of the landlord. 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 Pennsylvania has an estimated 12.8 million residents. Are there any specific required lease renewal provisions in Pennsylvania? 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 the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. 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. You can search the table of contents for the landlord-tenant statutes. Find Blair County Pennsylvania Landlord & Tenant attorneys near you. Mg*?S~# wD6Zdr ^mtRW8-@[q(`79rbL@4anU$g>GN{J 1 > h+F#OGAM&LiS}t]|(?n. Do landlords have to pay interest on security deposits in Pennsylvania? In most states, subleasing is not allowed unless the landlord consents. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. 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. Subleasing occurs when the original tenant rents the unit to another individual. A landlord cannot, however, cut off your utilities as a way to force you out. Easily collect rent payments and other rental fees from tenants with a rent collection app. 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. Finally, check USA.gov, the official U.S. website for government information. 250.101). If you need legal assistance, consult a private attorney or call your local Legal Aid office. Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. You may be required to provide a copy of the PFA to the utility company. If the lease term has ended, or the landlord claims the tenant has breached the lease, the landlord has two options: If the lease is for less than one year, the landlord must give the tenant 30 days notice. 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. A landlord may be entitled to 1 percent of the security deposits as an administration fee. qO!O5nVd W!AHf O(?Vrar(riiZ`>u"qH B qm_o 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. 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. In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. All rights reserved. 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. California residents do not sell my data request. 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. 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. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct". The eviction notice must be personally delivered to the tenant or posted on the dwelling. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. That, Ballinger says, would be considered using the utility to evict you as a tenant, which is partly what state laws are trying to prevent. The utility company is only required to provide you with one payment agreement for the same debt. <> This cookie is set by GDPR Cookie Consent plugin. First, the landlord must provide the tenant with an eviction notice. Tenants who have lived at the dwelling unit for less than 1 year must be served a 15 days' [2] notice to vacate. 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. 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. To access the U.S. Code and Code of Federal Regulations online, see Nolo's Federal Law Resources page. Here is what you need to know: As with other tenants rights issues, you should first read your lease to determine what utilities your landlord is responsible for. Thats a statutory right, Ballenger says. (July 2, 1993, P.L.379, No.54, eff. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). Your rights as a tenant: Check out our tenants' rights guide. Can security deposits be commingled with other assets in Pennsylvania? 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. There is a Pennsylvania law which protects tenants whose landlords fail to pay their bills. Landlords are required to change the locks before a new tenant moves in. The length of payment agreements is determined by law. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. Lease Clauses on Utilities. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. 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. Pennsylvania Security Deposit Limit and Return They include gas, electricity and water and sewer services. Pennsylvania Landlord Tenant Laws are provided in the 68 P.S. Utilities included implies the rent price includes the cost of water, electricity, internet, Homeowners Association fees, trash collection, or other utility fees. @` u08#T+z"w(p&]%0>JoNB96@} !7JH sBpY/>:Pbc. You should not consider any information in this article to be legal advice. | Design by LIMIT8, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 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. If a rental unit is not individually metered, then the landlord is responsible for the utility billincluding any past due balance. You also have the option to opt-out of these cookies. 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. In addition to state and federal laws protecting you against discrimination based on characteristics like race, religion, or national origin, Pennsylvania has strict guidelines for handling security deposits. This clause informs the tenant that you agree to provide access to heat and hot water. WearingApparel,Bibles;SchoolBooks,Sewing MachinesandMilitaryAccoutrementstobeExempt. NgRf*oMe~@EpW*d@`hp ddj7j~V'.YO!9! There is no required grace period. The attorney listings on this site are paid attorney advertising. ZN;p)h*Hc0g/Ra &9,\jX?08bCL>w0_c : *'X=43YP Z q\%eE7S8~ED3BFBy)(}3,CW=9&|=Z:unevN]2Ug>/OrWA$)gtSt5r/ UloX~g/a1)K_6oLznyI7Lb,Lb>w % In Pennsylvania, there are specific procedures on how to handle abandoned property. 6 0 obj The cookie is used to store the user consent for the cookies in the category "Performance". State law also says that you can deduct payments you make on the water bill from your rent. These cookies will be stored in your browser only with your consent. Its also potentially risky to not have water flowing through your pipes, especially in the winter, so ensure everything works. Is there a legal requirement for late fees in Pennsylvania? Additionally, landlords must give an EPA-approved information pamphlet. The utility company should not allow the tenant to be billed for the service until it is confirmed that the wiring has been corrected. ExemptionofPropertyonPremisesUnderLeaseor SaleContractSubjecttoaSecurityInterest. 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. The sq. 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. 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. x\Ks# W0n8|#SJ-8T%[lrMu5^ $A [_>B+W]>mOO0:c.M]WO]Uk:}>> kLB>^! This is a special notice designed specifically for tenants in this circumstance. Please browse PhillyTenant.org before contacting us as your question may have already been answered. 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. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. !,ze&G;]Vv')0h-*&mCnLa931mixMUDF?g::Xc&n=1vo!fN5EUDXBc0BEI`:Wa|? b]Rt!!\S}gXg0F|{pZ.!Y*( Y'Zj,iM&hbk 75|k-;*sh,yuL`ZmxTws`XwvrE.Xu 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"). Fair housing (housing discrimination) information is included throughout the entire handbook. Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. These laws also require those who operate transportation services to allow service animals. She has proven results and has tried many jury trials to verdict. The accrued interest will belong to the tenant and must be paid to them yearly. The tenant shall not destroy, deface, damage, impair, or remove any part of the structure or dwelling unit, or the facilities, equipment, or appurtenances. If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights. Further, the tenant shall not disturb the peaceful enjoyment of the premises by other tenants and neighbors. Whether the landlord is required to pay the tenant interest on a security deposit depends. Are there required disclosures that need to be given to tenants? 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. Invoice your tenants for the utility bill each month so it perfectly matches how much they use. Landlord rental licenses are not required by Pennsylvania law. Are receipts required for rent or deposit payments? 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. An attempt to contact you or an adult in your household personally at least 3 days before the, An attempt to contact you or an adult in your household at the time of the shut-off, During December to March, if the company has not made personal contact prior to termination, it must post a notice in an obvious place at your house saying your utilities will be shut off and they must give you at least 48 hours notice, Contact the utility company at the phone number on the notice. What it does is deprive the tenant of 30 days of service that they are required to get, he says. Previous landlord/tenant judgments and/or current landlord/ tenant references will be checked. 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. 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. 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. In the state of Pennsylvania, a rental agreement is valid wherever a tenant agrees to exchange rent for occupying a property. 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. Pennsylvania Accepting Applications for Homeowner Assistance Fund, Custody Proceedings - Representing Yourself, Divorce Proceedings - Representing Yourself, Get the latest news items of interest to the legal aid community and it's clients on PALegalAid.Net. The medical certification can be renewed two additional times. First, attempt to have the landlord make the necessary payments immediately to restore your service. 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. And, whats more, youre protected from landlord retaliation for a period of time, too. Create Free Lawyer-Approved Lease Agreements. Alternatively, a landlord may also be able to post the tenant's deposit as a bond. 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 . During the first year of any lease, the landlord may only charge a security deposit less than or equal to two months rent. 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. If you do not believe a utility is providing a payment term you can report them to the Public Utility Commission (PUC) at, Show that you paid your bill or show that there is a disagreement (dispute) about your bill. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. See Filing a Security Deposit Lawsuit in Pennsylvania Justice Court for advice for tenants filing suit. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. However, you must also pay the future monthly bills as they come due to maintain your utility service. Candidate shall have prior experience working for an attorney/law firm as a paralegal. 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Streamline the processes of managing a rental property by leveraging Avail landlord software. 5764 Route 145 , Laurys Station, PA 18059 is a single-family home listed for rent at /mo. The cookie is used to store the user consent for the cookies in the category "Analytics". 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. "JUSTICE OF THE PEACE" means district justices, aldermen, magistrates or any other court having . 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. Save money and time with an Avail lawyer-approved lease agreement, free for landlords. Furthermore, while there is no mandated notice before the landlord enters the premises to correct a repair, we recommend providing the tenant with 24 hours notice. State laws specify when and how a landlord may terminate a tenancy. Do late fees need to be in the written rental agreement? 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. 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. 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. . Termination of utility services to the mobile home. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). Once the utilities have been shut off, the situation may become more complicated. 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. 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 . `nv?&H2 1{{OK&G{+yr/ K`MUX7.w%7u,nRmTp9.AKHG9dLE Also, the Cornell Legal Information Institute provides the entire U.S. Code as well as the Code of Federal Regulations. Landlord and Tenant Act of 1951. 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. Please enter your city, county, or zip code. The tenant may stop the eviction proceedings by paying rent or proving that he or she was not in breach of the lease. This overview of key landlord-tenant laws in Pennsylvania will get you started. We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. 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. 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. %PDF-1.4 The cookie is used to store the user consent for the cookies in the category "Other. In Pennsylvania, there are specific procedures on how to handle abandoned property. If you think that you could be a Victim of Crime, help is available. Whether a lease is written or verbal, both parties must agree on which party is responsible for paying the utility bills. 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. 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 Plainfield New Jersey Landlord & Tenant attorneys near you. If you are a victim of domestic violence and have a valid Protection from Abuse Order (PFA), there are special procedures and protections for handling your utility service. But remember, as a tenant, you do have some rights. Most commonly, if your landlord is responsible for paying a utility bill, its most likely going to be the water bill, says Robert Ballenger, codirector of Community Legal Services of Philadelphias energy unit. 250.101 - 250.510-B . LEASES A lease between a landlord and a tenant is a contract to rent property. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. Allow tenants to set up recurring payments 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. It must also be in good repair pursuant to the landlords impliedwarranty of habitability, an implied right in every written or oral residential lease. 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. But changing the name may be complicated, depending on the situation, and your landlord could fight the change, Ballenger says. If the tenant is withholding rent, he or she tenant can elect to deposit rent into an escrow account rather than pay the landlord directly. Does There Have to Be an Individual Meter for Each Apartment? It consists of 50 separate numbered titles, each covering a specific subject matter. If your landlord makes any change to your rental agreement or tries to evict you within six months, its considered retaliation. Please note that a mailed notice is void. However, we advise separating these funds. Tenant Rights: Security Deposits, Lease Terminations, and More. The shut off can be stopped for a maximum of 30 days at a time. 68 P.S. If the landlord tries to evict you without following the Landlord/Tenant Act, by doing something such as changing the locks or shutting off your utilities, you should contact the Office of Consumer Protection for assistance at (814) 871-4371 or 1-800-441-2555. If you just want to browse through the Pennsylvania landlord-tenant law, you can find state statutes at 68 Pa. Cons. 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. Who Is Responsible for Paying the Utility Bill? Please see below for more on retaliation. Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. 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. These laws also require those who operate transportation services to allow service animals. Get a printable renter application AND learn how to screen Pennsylvania tenants securelyfree for landlords. The lease agreement should also state if theyre responsible for setting up those utilities once moved in or include the utility fees in their rent payments. Charge a flat monthly fee for utilities (youll want this to be the average utility cost each month). If the utility bill is the tenants obligation and you are behind in your payments call the following agencies to see whether they can assist you: Tenant Union Representative Network (TURN), 100 South Broad Street, Suite 800 Philadelphia, PA 19110. Find Burnham Pennsylvania Landlord & Tenant attorneys near you. 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. Learn how to set a late fee. 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. 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. Increase your rent price and bundle utilities and rent. Ask us using the form at the bottom of this article. Tenants can sue landlords in District Justice Court or Philadelphia Municipal Court (depending upon their location) for the return of their deposit, up to a dollar amount of $12,000. This can be done by including three clauses: In this clause, you can list which utilities are the tenants responsibility, state that these utilities should be in the tenants names, or state that these utilities need to be active for the duration of the lease. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! Landlords are required to distribute Truth in Renting to . If the lease is one year or more, the landlord must provide 90 days notice. However, even if you cannot pay the whole amount owed, you can take steps to keep your utility service on. If you didnt receive a 30-day shutoff notice, you can still pay the water bill and deduct the costs from your rent to get the service turned back on. The landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state. Tenants know exactly how much they need to budget each month, and landlords don't have to track multiple charges when billing the monthly rent. Security Deposits in New Jersey. Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. The bonding company must be authorized to do business in the state of Pennsylvania. The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. 4. }!2FUG&}|~u:BQJyJ? uT$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. 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.

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