But opting out of some of these cookies may affect your browsing experience. The sq. But what happens if they arent keeping up with payments? 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. 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. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. 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). Create a Philadelphia-specific residential lease here. Create an account to make a lease agreement for your rental and collect rental fees from tenants. The utility company must give your landlord at least 37 days notice that it will be turning off service. For more information, please check our. 5 0 obj 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. A written lease may state how many days of notice must be given by the landlord before the landlord can evict. Previous landlord/tenant judgments and/or current landlord/ tenant references will be checked. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. Once the utilities have been shut off, the situation may become more complicated. 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 attorney listings on this site are paid attorney advertising. 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 . She has proven results and has tried many jury trials to verdict. Are receipts required for rent or deposit payments? 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 . Your lease should have a Lessee to Maintain clause, which says tenants cannot misuse or neglect water, gas, or other utilities on the premises. It is more difficult to get service turned back on after shut off. In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. 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 . However, we advise separating these funds. Any sublet that does not comply with the lease clause will constitute a breach of lease and could potentially result in eviction. 2001 - 2023, Pro Bono Net, All Rights Reserved. State law also says that you can deduct payments you make on the water bill from your rent. Charge a flat monthly fee for utilities (youll want this to be the average utility cost each month). exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. In the state of Pennsylvania, a rental agreement is valid wherever a tenant agrees to exchange rent for occupying a property. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. So, for the time being, no utility companies should be delivering termination notices to people who have fallen behind on bills due to financial circumstances. All rights reserved. Typical duties of the landlord. 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. To access the U.S. Code and Code of Federal Regulations online, see Nolo's Federal Law Resources page. You also may be able to have the utility service transferred to your name. 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. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. The utility company must give your landlord at least 37 days notice that it will be turning off service. Does Pennsylvania have a law regarding grace periods? Your clause on heat and hot water should also specify who will pay for heat. Tara is a senior trial attorney with GEICO. In Pennsylvania, it is illegal for the landlord to retaliate against a tenant who has exercised a legal right, including, complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions assembling and presenting your views collectivelyfor example, by joining or organizing a tenant union, or The eviction notice must be personally delivered to the tenant or posted on the dwelling. During the first year of any lease, the landlord may only charge a security deposit less than or equal to two months rent. Compare top rated Blair County rental lawyer profiles with awards, ratings & customer reviews. <> Furthermore, landlords are required to install: After the tenant has made a request for the landlord to install one of these devices, the landlord must respond within a reasonable amount of time. Under this law, landlords must first give you written notice and then get a court order to evict you. Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. 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. 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. : 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. Find Burnham Pennsylvania Landlord & Tenant attorneys near you. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. Are rental agreements required in Pennsylvania? If the utility wont give you notice, PhillyTenant.org suggests contacting the Water Revenue Bureau at 215-685-6300 and asking for an informal hearing request form (or, if its Peco or PGW, you can file an informal complaint with the Pennsylvania Public Utility Commission at 800-692-7380). There is no legal requirement for late fees. 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. This article is part of our guide to tenants rights in Philadelphia. Does There Have to Be an Individual Meter for Each Apartment? During the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy, if the landlord requires a security deposit in the amount of one months rent amount, upon termination of the lease, or on surrender and acceptance of the leasehold premises, the deposit, with interest, shall be returned to the tenant. A typical sublease provision in the State of Pennsylvania reads as follows: Lessee shall not sublet the Premises or any part thereof, nor assign this lease, without obtaining Lessors prior written permission to sublet or assign. You also have the option to opt-out of these cookies. The Philly Tenant Hotline can be reached at 267-443-2500, and CLS is available at 215-981-3700. What if my Landlord is Responsible for Paying the Utility Bills? Invoice your tenants for the utility bill each month so it perfectly matches how much they use. 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. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. stream 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. While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital utility service when a landlord doesnt pay the bill. However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. 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. THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. Discontinuance of Service to Leased Premises Act. the date on or after which they will turn off your utility service. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. 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. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. This article is designed to convey information, and not for the purpose of providing legal advice. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. If you just want to browse through the Pennsylvania landlord-tenant law, you can find state statutes at 68 Pa. Cons. This clause informs the tenant that you agree to provide access to heat and hot water. What are the Pennsylvania laws on eviction? If your household is low income, make sure you inform the utility company as there are longer payment agreements available for low income households. Learn. There is no required grace period. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. 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. 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. If you market your rental property as utilities included, its important to explicitly state which utilities the tenants are responsible for paying in the rental listing and lease agreement. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. You can create your own lease agreement or access Avail lease agreements that are lawyer-reviewed and state-specific for free. If you pay this amount directly to the utility company, they cannot stop service to your home. By clicking Accept, you consent to the use of ALL the cookies. For details, see Pennsylvania Required Landlord Disclosures. 60 days) . To access the statutes, go to the Pennsylvania Laws and Legal Information section of the Nolo site and find the link to your state laws. 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. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . 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. 6 0 obj See Utility Shut-Offs. 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