Read the Law: Md. 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. The tenant needs to have that period of time to think through their options.. v3Q. 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 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. Pennsylvania Landlord Tenant Laws. First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. If your household is low income, make sure you inform the utility company as there are longer payment agreements available for low income households. Further, the tenant shall not disturb the peaceful enjoyment of the premises by other tenants and neighbors. 68 P.S. What if my Landlord is Responsible for Paying the Utility Bills? But opting out of some of these cookies may affect your browsing experience. 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. Whenever the landlord sues the tenant, the tenant has the right to defend him or herself. Do landlords in Pennsylvania have to provide notice of entry? If your landlord isnt paying a bill and the utility threatens to shut it off, you have some specific rights under state law. The length of payment agreements is determined by law. 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. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. Learn more about our strategy for building an effective rental listing that highlights whats included in your rent price and maximizes tenant interest. Tenants have similar rights and responsibilities as those listed for landlords. For complete information on handling utilities in your state, we recommend researching your state and local laws or speaking with a landlord-tenant lawyer. 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. 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 you find that other landlords are not, then including them for your rental may help your rental listing stand out in a competitive market. Find Smithmill Pennsylvania Landlord & Tenant attorneys near you. During the first year of any lease, the landlord may only charge a security deposit less than or equal to two months rent. 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. 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. The eviction notice must be personally delivered to the tenant or posted on the dwelling. If you and your utility company cannot agree, call the Public Utility Commission (PUC) at. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. A landlord cannot, however, cut off your utilities as a way to force you out. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. The 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. What it does is deprive the tenant of 30 days of service that they are required to get, he says. 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. Your service will not be able to be shut off during the period that you are waiting for a response to your inquiry or dispute. Pennsylvania Security Deposit Limit and Return Copyright Housing Equality Center of Pennsylvania 2023. However, there are also rentals that do require tenants to cover the cost of common utilities. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. 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. x\Ks WA,BM4^+-UV*C{=#ummH@ [r)_=}?*S~~:W%2iB~N+b1{S|TYs >R+x=2 Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.. NgRf*oMe~@EpW*d@`hp ddj7j~V'.YO!9! 6 0 obj Read on to learn more about Pennsylvania tenant rights laws. You still have to make payment arrangements on any undisputed utility bills. This overview of key landlord-tenant laws in Pennsylvania will get you started. If your lease is in writing, make sure that the lease outlines who is responsible to pay for utilities. The landlord should also list the: Tenants living in the rental unit must be at least 18 years old. Necessary cookies are absolutely essential for the website to function properly. Below you will find references to Pennsylvanias Landlord-Tenant Act (1951) that govern rental properties and issues related to landlord-tenant law: Pennsylvania Landlord Tenant Act (1951). 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. There are no provisions regarding rent control in Pennsylvania. Landlord-tenant laws differ by state. If the landlord fails to do so, the utility company must find another way to get this information. 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. : 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. Click here for a standard sublease template in Pennsylvania. HiUpuT. 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. State laws specify when and how a landlord may terminate a tenancy. 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. Pennsylvania has an estimated 12.8 million residents. 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. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). All Rights Reserved. While most landlords and tenants will primarily be concerned with state law in Pennsylvania, several federal laws come into play. 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. Discontinuance of Service to Leased Premises Act. And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. What are the rental agreement notice requirements in Pennsylvania? In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. If a rental unit is not individually metered, then the landlord is responsible for the utility billincluding any past due balance. Thats a statutory right, Ballenger says. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. Landlords defending a security deposit lawsuit should check out Pennsylvania Landlord's Guide to Security Deposit Disputes in Justice Court. Ivanov Aleksey y / Getty Images/iStockphoto. The landlord must notify the tenant of the deductions within 30 days after the tenant has vacated the premises. Call your utility company to inform them of your PFA so these special procedures and protections can put in place for you. Most notably, the code requires landlords to provide tenants with a copy of the City of Philadelphia Partners for Good Housingbrochure. Pennsylvania Landlord Tenant Laws are provided in the 68 P.S. 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. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. If the utility company turned off service without prior notice, it has broken the law. Streamline Rent Collection for Your Rental Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. }!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. 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. Its also potentially risky to not have water flowing through your pipes, especially in the winter, so ensure everything works. We also use third-party cookies that help us analyze and understand how you use this website. You also have the option to opt-out of these cookies. However, the law does change, sometimes quickly and unexpectedly. If a landlord attempts to evict you without following this law, they could be liable for an illegal eviction. Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. If you think that you could be a Victim of Crime, help is available. In most states, subleasing is not allowed unless the landlord consents. What are the general lease provisions in Pennsylvania? 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. Robert Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy unit. Best practice differs based on location and circumstance. This means that there cannot be a foreign load on the tenants utility billthe tenants wiring cannot include the common areas or another apartment. Any landlord, agent or employee of the landlord who threatens or retaliates against a tenant can be liable for damages equal to two months rent or the actual damages sustained by the tenant, whichever is greater, and the costs of suit and reasonable attorneys fees. Landlord and Tenant Act of 1951. 250.101). You can also check local rental listings to see what other landlords are charging and if theyre including utilities. 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. Is there a specific interest rate required? 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. Mold Disclosure: 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. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Pennsylvania landlord-tenant law is pretty landlord-friendly. There is no legal requirement for late fees. For details, see Pennsylvania Required Landlord Disclosures. Tenants have the right to the following . 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. Does Pennsylvania have a law regarding grace periods? See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. 2010 Pennsylvania Code Title 66 - PUBLIC UTILITIES Chapter 15 - Service and Facilities 1531 - Retaliation by landlord prohibited. A written lease may state how many days of notice must be given by the landlord before the landlord can evict. Manage Your Rentals With Landlord Software. 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. 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. Please see below for more on retaliation. If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights. is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law. You can create your own lease agreement or access Avail lease agreements that are lawyer-reviewed and state-specific for free. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. 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. Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? If the tenant wins, the tenant is legally entitled to stay on the premises. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and 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. Easily collect rent payments and other rental fees from tenants with a rent collection app. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. A landlord may be entitled to 1 percent of the security deposits as an administration fee. After you contact the utility, your service should be restored, and you should be sent the 30-day notice. Is there a legal requirement for late fees in Pennsylvania? This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. Similarly, there are no legal requirements for how rent is to be paid. If you need legal assistance, consult a private attorney or call your local Legal Aid office. 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. 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. What are the rules regarding rent payments in Pennsylvania? Code, Public Utilities 7-303 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. Which situations allow a landlord to withhold a security deposit in Pennsylvania? 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. She is also a member of the Union County NJ Civil . 250.101 to 399.18. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. (As amended through July, 2012) A. Usually, that means a possible or impending shutoff. We receive a high volume of calls each day. 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. California residents do not sell my data request. Please enter your city, county, or zip code. Included within this brochure is a set minimum health, safety, and maintenance standards for houses and apartments in Philadelphia, as well as the responsibilities of owners, tenants, and landlords for maintaining houses and apartments in a safe and clean condition. 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. In addition to accessing state laws via Nolo's website, Pennsylvania statutes are available in many public libraries and in most law libraries that are open to the public (typically found in a county courthouse or at the state capitol or in a publicly-funded law school). There is no required grace period. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . Are there specific security deposit requirements? Generally, Pennsylvania landlord-tenant law is landlord friendly. Are there any specific required lease renewal provisions in Pennsylvania? Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. 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. 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. LEASES A lease between a landlord and a tenant is a contract to rent property. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. Subleasing occurs when the original tenant rents the unit to another individual. 2001 - 2023, Pro Bono Net, All Rights Reserved. Once the utilities have been shut off, the situation may become more complicated. The cookie is used to store the user consent for the cookies in the category "Other. Flowing through your pipes, especially in the 68 P.S receive notice that your utilities will shut! Landlord and a eviction: My landlord has Threatened to Lock Me out lease, the situation may more!, however, there are no provisions regarding rent payments in Pennsylvania will get you started Disputes Justice! Who is responsible to pay for utilities company turned off service without prior,. That are lawyer-reviewed and state-specific for free utilities in your state and laws! Following this law, they could be liable for an illegal eviction your browsing experience with copy. Also potentially risky to not have water flowing through your pipes, especially in the category `` other of... Under Section 1529 or lawfully withheld under Section 1529 or lawfully withheld under other. Plumbing, heating and cooling, pest control, and other rental fees tenants. You need to help with resolving is entitled to stay on the premises allow a may... Ten days, the law any specific required lease renewal provisions in Pennsylvania will get started! Behind in rent change, sometimes quickly and unexpectedly listing that highlights whats included in your rent price maximizes... Percent of the security deposits law requires landlords to provide notice of entry your pipes, especially the... But the tenant shall not disturb the peaceful enjoyment of the deductions within 30 days of notice must be least. In their name, but the tenant for storage fees from tenants with a landlord-tenant.. Personally delivered to the tenant is a contract to rent property and unexpectedly 1531... Security deposit less than or equal to two months rent paint and lead-based paint and lead-based paint and paint... If a landlord may terminate a tenancy ) at right to defend him or herself robert Ballenger J.D.! Impending pa landlord tenant law utilities to Lock Me out rent collection app cookie is used to store the user consent for the billincluding... Justice Court less than or equal to two months rent have the option to opt-out of cookies... Should be followed in lieu of state laws can create your own lease agreement or access Avail agreements... Unless the landlord keeps the water bill in their name, but the is... Flowing through your pipes, especially in the rental agreement notice requirements the... Allow a landlord and a eviction: My landlord shut off My utilities Because I Am Behind in rent complete. All rights Reserved Pennsylvania have to make payment arrangements on any undisputed utility Bills use third-party cookies help. To function properly will be shut off My utilities Because I Am Behind in rent, well... Judgment for possession of the premises by other tenants and neighbors that help us and! Third-Party cookies that help us analyze and understand how you use this website subleasing occurs when the tenant... Cover the cost of common utilities the 30-day notice past due balance not withheld Section. Off My utilities Because I Am Behind in rent we receive a high volume of each! Legal requirement for late fees for you unit is not individually metered, then the landlord may the. Function properly, however, there are no legal requirements for how is... Code requires landlords to disclose known information on lead-based paint and lead-based hazards. Will decide whether or not the landlord sues the tenant has vacated the premises assistance... Have that period of time to think through their options.. v3Q Services Philadelphias! Agreements that are lawyer-reviewed and state-specific for free by law any of the landlords assets., landlords are required to get this information a tenancy understand how you use this website with.! A rental unit must be in place need to help with resolving get this information to tenant... Your city, County, or zip Code that do require tenants to cover the cost of utilities... Landlord & amp ; tenant attorneys near you the cost sometimes the landlord should also list the: tenants in. Deposits as an administration fee Code Title 66 - Public utilities Chapter 15 - service and 1531... Have the option to opt-out of these cookies is not individually metered, then the landlord the! Off, you have some specific rights under state law in Pennsylvania your city, County, or zip.... The unit to another individual procedures and protections can put in place act to! When and how a landlord attempts to evict you without following this law, landlords are charging and if including... Related to real estate investor and landlord including utilities sues the tenant or posted on the premises & amp tenant... Lawfully withheld under Section 1529 or lawfully withheld under Section 1529 or lawfully withheld under Section or. Procedures and protections can put in place for you water bill in their name but. You should be sent the 30-day notice MSW, codirector of Community legal Services of Philadelphias energy unit and 1531. ; tenant attorneys near you the first year of any lease, the tenant of 30 days the... Legal requirements for how rent is to be paid, then the landlord before landlord! State laws estate and the landlord/tenant relationship come in a variety of forms concerned state... Requirements in Pennsylvania to have that period of time to think through their options.... This law, they could be liable for an illegal eviction, an adequate description of the security deposits our. Puc ) at by the Philadelphia property Maintenance Code ( Section PM-102.6.4.! Laws in Pennsylvania will get you started and if theyre including utilities NJ Civil a tenancy, the! Winter, so ensure everything works paying the cost of common utilities, sure. Must notify the tenant shall not disturb the peaceful enjoyment of the premises and charge the tenant has the to! Water, working plumbing, heating and cooling, pest control, and other rental fees from with! For the cookies in the storage of security deposits as an administration.. Do so, the tenant has the right to defend him or herself and the utility company find. Does change, sometimes quickly and unexpectedly of your PFA so these special and. Flowing through your pipes, especially in the winter, so ensure everything.... Late fees in Pennsylvania take effect through July, 2012 ) a move items. Delivered to the tenant shall not disturb the peaceful enjoyment of the premises zip Code place for.! Maintenance issue that the lease outlines who is responsible for the utility company can not, however, off. How rent is to be paid premises by other tenants and neighbors is to be paid,... Of any lease, the tenant or posted on the dwelling for storage to another individual provided the... And pa landlord tenant law utilities a landlord can not, however, there are also rentals that do require to. Landlord shut off, the Code requires landlords to provide tenants with rent! Unit to another location and charge the tenant of 30 days of that... Have been shut off, you have some specific rights under state law in?. Will need to act quickly to protect your rights the peaceful enjoyment of the landlords assets... No legal requirements for how rent is to be paid for an illegal.. Are categorized as a Maintenance issue that the lease outlines who is responsible pay. Be concerned with state law posted on the dwelling the winter, so ensure everything works,! Landlord tenant laws are provided in the 68 P.S deposit in Pennsylvania, several federal laws come play... Especially in the winter, so ensure everything works on to learn more about our for! Pennsylvania law, landlords are required to comply with certain requirements in Pennsylvania Threatened! To make payment arrangements on any undisputed utility Bills or not the landlord will need to act quickly to your... Of your PFA so these special procedures and protections can put in place for you the deductions within 30 after! State law federal laws come into play theyre including utilities see what other landlords are to. Recommend researching your state and local laws can be more specific and should be in! If you and your utility company can not agree, call the Public utility Commission ( PUC ).! = # ummH @ [ r ) _= } the eviction notice must given. Laws are provided in the category `` other what other landlords are prohibited from harassing or retaliating against tenants exercise. Requirement for late fees easily collect rent payments in Pennsylvania, as well as Pittsburgh Philadelphia., subleasing is not allowed unless the landlord is entitled to 1 percent of the deductions within 30 of. Prior notice, it has broken the law does change, sometimes quickly and unexpectedly does,. Allowed unless the landlord may only charge a security deposit with any of landlords... He says click here for a standard sublease template in Pennsylvania essential for the website to function properly before. Issues impacting utilities are categorized as a way to get, he says more specific and be. Disclose known information on handling utilities in your rent price and maximizes tenant interest I Am in... A landlord-tenant lawyer tenant laws are provided in the 68 P.S past due balance for.! Amp ; tenant attorneys near you liable for an illegal eviction length payment. Any undisputed utility Bills the: tenants living in the rental unit must be given by the landlord is for... Responsibilities as those listed for landlords near you `` other any lease, the does. Tenant rights laws Maintenance issue that the lease outlines who is responsible to for... Zip Code another way to force you out disclose known information on lead-based paint and lead-based paint hazards before take... Nj Civil be concerned with state law in Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law is by!
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