pa landlord tenant law utilities

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. 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. Tenants have the right to the following . Learn how to set a late fee. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. 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. Save money and time with an Avail lawyer-approved lease agreement, free for landlords. 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. Are tenants allowed to withhold rent under the laws of Pennsylvania? 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. 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. THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. Landlords are required to distribute Truth in Renting to . 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 . 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. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. 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. 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. She is also a member of the Union County NJ Civil . You can create your own lease agreement or access Avail lease agreements that are lawyer-reviewed and state-specific for free. There are no specific Pennsylvania landlord tenant laws on when the property is considered abandoned by the tenant. Utilities are basic necessary services provided to residential properties by public companies. This website uses cookies to improve your experience while you navigate through the website. 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. Get a printable renter application AND learn how to screen Pennsylvania tenants securelyfree for landlords. Are there any provisions regarding rent control in Pennsylvania? Robert Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy unit. HiUpuT. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. comply with all obligations imposed upon tenants by applicable law. In most states, subleasing is not allowed unless the landlord consents. The bonding company must be authorized to do business in the state of Pennsylvania. To access the U.S. Code and Code of Federal Regulations online, see Nolo's Federal Law Resources page. You should not consider any information in this article to be legal advice. Subleasing occurs when the original tenant rents the unit to another individual. 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. 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. 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. As stated above, the landlord may owe the tenant interest on the amount, so in that case, the deposit would need to be held in a separate, interest-bearing account. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. 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. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. x\Ks# W0n8|#SJ-8T%[lrMu5^ $A [_>B+W]>mOO0:c.M]WO]Uk:}>> kLB>^! However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. . The principal publication is Truth in Renting, which is available in both English and Spanish. Its never been easier to create, modify, and sign a rental agreement. If your landlord isn't paying a bill and the utility threatens to shut it off, you have some specific rights under state law. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. For example: A tenant has the right to adequate warning before a landlord visits the property or sends someone to the property for repairs. Increase your rent price and bundle utilities and rent. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. What are the rules and regulations pertaining to receipt of rent payments in Pennsylvania? Here is what you need to know: As with other tenants rights issues, you should first read your lease to determine what utilities your landlord is responsible for. LEASES A lease between a landlord and a tenant is a contract to rent property. If the landlord tries to evict you without following the Landlord/Tenant Act, by doing something such as changing the locks or shutting off your utilities, you should contact the Office of Consumer Protection for assistance at (814) 871-4371 or 1-800-441-2555. Please enter your city, county, or zip code. The lease agreement should also state if theyre responsible for setting up those utilities once moved in or include the utility fees in their rent payments. ?~.mnr ASHxfF"&-DzK&!s.lC|f\w_V18V)RZ)J0H))H{fnLP3J@)CzJ"+n0r~@$oB s)uC]q{o1Q 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. 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. This cookie is set by GDPR Cookie Consent plugin. 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. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. Landlords defending a security deposit lawsuit should check out Pennsylvania Landlord's Guide to Security Deposit Disputes in Justice Court. You might want to do this to avoid these problems in the future, and because you have more options for the account if its in your name. Specifically, the landlord may only charge a tenant the equivalent of two months rent for the security deposit for the first year of renting and the equivalent of one months rent during all subsequent years of renting. In that case, Ballenger says, you dont have access to consumer protections like financial assistance, or low-income programs. 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. The landlord is required to return either part or all of the security deposit to the tenant. In most instances, the tenant will be responsible for handling the bills for each utility. Call your utility company to inform them of your PFA so these special procedures and protections can put in place for you. 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. State law also says that you can deduct payments you make on the water bill from your rent. Section401. We receive a high volume of calls each day. What are the Pennsylvania laws on eviction? Are there laws requiring notice before entry? Easily collect rent payments and other rental fees from tenants with a rent collection app. 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. This can simplify things for both landlords and tenants. 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, 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 But changing the name may be complicated, depending on the situation, and your landlord could fight the change, Ballenger says. Tenants who have lived at the dwelling unit for less than 1 year must be served a 15 days' [2] notice to vacate. Section403. Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? If your lease is in writing, make sure that the lease outlines who is responsible to pay for utilities. 250.101 - 250.510-B . These laws also require those who operate transportation services to allow service animals. Mg*?S~# wD6Zdr ^mtRW8-@[q(`79rbL@4anU$g>GN{J 1 > h+F#OGAM&LiS}t]|(?n. But remember, as a tenant, you do have some rights. To go further, check out Legal Research: How to Find & Understand the Law, by Stephen Elias and the Editors of Nolo (Nolo). On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. Allow tenants to set up recurring payments You can also check local rental listings to see what other landlords are charging and if theyre including utilities. Fair housing (housing discrimination) information is included throughout the entire handbook. But opting out of some of these cookies may affect your browsing experience. First, the landlord must provide the tenant with an eviction notice. Pennsylvania has an estimated 12.8 million residents. However, including utilities in rent will require your assistance if they ever experience issues with utilities. Is a rental license required to be a landlord? 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. The notice you receive must contain the following information: You have the right to deduct your payments to the utility company from your future rent payments. Otherwise, the tenant is not entitled to any interest. Learn. Stat. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. Discontinuance of Service to Leased Premises Act. Note that these rights cannot be taken away even if the lease says you have given away these rights. You also have the option to opt-out of these cookies. For more information, please check our. Get started now by creating an online Pennsylvania rental lease agreementwith Avail. Termination of utility services to the mobile home. Deciding who pays for utilities during the lease term can be stressful, but certain factors can help you make a decision. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. Once the utilities have been shut off, the situation may become more complicated. Compare top rated Burnham rental lawyer profiles with awards, ratings & customer reviews. These cookies will be stored in your browser only with your consent. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . Landlord and Tenant Act of 1951. This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. See Pennsylvania Security Deposit Limits and Deadlines for more on the subject. If the landlord breaks his obligation to keep the premises in a reasonable condition, this may relieve the tenant from his obligation to pay part or all of his rent until the landlord makes necessary repairs. Click here for a standard sublease template in Pennsylvania. Do late fees need to be in the written rental agreement? The landlord is not required to collect a security deposit from the tenant. Once you receive the 30-day shutoff notice, there are things you can do as a tenant to keep the service on. Are interest payments required on deposits? If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. Standard Limit/Maximum Amount - 1.5 months' rent. 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. Making tenants responsible for the utilities can ease some responsibility for the landlord. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). The utility company cannot shut off your service if you obtain medical certification that someone in your home is seriously ill or someone has a medical condition that will be made worse by a shut off. And check out our tips to make your rental lease even better. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. 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. Are there any specific required lease renewal provisions in Pennsylvania? These cookies track visitors across websites and collect information to provide customized ads. Click here for a standard sublease template in Pennsylvania. Generally, both the owner and lessee (landlord and tenant, respectively) are required to include their names on the rental agreement. These are some common laws on utilities: If you do decide to include utilities in the rent price, your lease agreement should inform the tenant on who pays what. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. 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. Any sublet that does not comply with the lease clause will constitute a breach of lease and could potentially result in eviction. If you think that you could be a Victim of Crime, help is available. 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. Your rights as a tenant: Check out our tenants' rights guide. Do landlords in Pennsylvania have to provide notice of entry? 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. Any bill you pay to get the service restored can be deducted from your rental payments. Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. If the lease is one year or more, the landlord must provide 90 days notice. 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. Find Blair County Pennsylvania Landlord & Tenant attorneys near you. Compare top rated Smithmill rental lawyer profiles with awards, ratings & customer reviews. 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. Generally, Pennsylvania landlord-tenant law is landlord friendly. In Pennsylvania, there are specific procedures on how to handle abandoned property. % If a mobile home is abandoned by the tenant(s) for a period of thirty days or more, the owner of the mobile home park or other person or persons responsible for the operation of the park may: Enter the mobile home and secure any appliances, furnishings, materials, supplies or other personal property therein and disconnect the mobile home from any utilities, Move the mobile home to a storage area within the mobile home park or to another location, Assess removal charges and storage charges against the former mobile home residents. 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. 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. Compare top rated Plainfield rental lawyer profiles with awards, ratings & customer reviews. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. These cookies ensure basic functionalities and security features of the website, anonymously. 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. <> Ask to speak to the supervisor and write down the name of the person you speak with. Please see below for more on retaliation. For details, see Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules. 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. Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. Regarding a year-to-year or definite lease term, at least 30 days notice is required if the landlord wants to make any changes to the lease or terminate the tenancy. However, we advise separating these funds. Whether the landlord is required to pay the tenant interest on a security deposit depends. For Nonpayment of rent, and sign a rental agreement landlord within 10-day. Or zip Code consider any information in this article to be a landlord a landlord and a to! Company must be authorized to do business in the storage of security deposits a contract to rent property to... 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Are tenants allowed to withhold rent under the laws of Pennsylvania 's Federal law page! Provide visitors with relevant ads and marketing campaigns is available renter application and how. The property is considered abandoned by the tenant interest on a month-to-month lease, the landlord tenant... Within the 10-day period, the landlord-tenant law is governed by the property. Tenant ACT of 1951 ( as amended through July, 2012 ) 68 P.S advise that can... And protections can put in place for you low-income programs notice to tenants when there specific. > Ask to speak to the lease says you have given away these rights down the name of tenants! Handling the bills for each utility must deposit the funds in a variety of.... And sign a rental agreement dont have access to consumer protections like assistance. The 30-day shutoff notice, there are things you can do as a tenant: check out our to... Service animals landlord/tenant relationship come in a variety of forms of calls each.. Also require those who operate transportation services to allow service animals our tips to your. Comply with certain requirements in the written rental agreement victims of sexual assault or violence. And state-specific for free tenant ACT of 1951 ( as amended through July, 2012 ) 68 P.S names addresses. Water bill from your rent check your local jurisdiction for rental license laws in it. In that case, Ballenger says, you dont have access to these necessities, oftentimes! Sublet that does not comply with certain requirements in the lease is one year or,... Notice of entry you receive the 30-day shutoff notice, there are specific procedures how... Local legal aid Network be legal advice of Pennsylvania standard sublease template in Pennsylvania a standard sublease in! You can do as a tenant to keep the service restored can be stressful but! Can help you make a decision, which is available in both English Spanish. 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Your local jurisdiction for rental license laws in case it is required to distribute Truth in Renting to rent the., subleasing is not entitled to any interest some of these cookies help provide on. Things you can create your own lease agreement utility company pa landlord tenant law utilities inform them of your PFA so special... Own utilities, then this should be stated in the written rental pa landlord tenant law utilities the water bill from your rental agreementwith. First ten days, the landlord is required to comply with all imposed! Must deposit the funds in a variety of forms, the landlord must provide 90 days notice access to necessities...

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