pa landlord tenant law utilities

Get started now by creating an online Pennsylvania rental lease agreementwith Avail. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . We're currently seeking a Landlord Tenant/Collections Paralegal to work full-time in our corporate office. By clicking Accept, you consent to the use of ALL the cookies. Similarly, a tenant has the right to fast repairs and maintenance on the property. Lease Clauses on Utilities. It consists of 50 separate numbered titles, each covering a specific subject matter. 60 days) . If a landlord chooses to collect a security deposit, he or she may only charge the tenant a security deposit up to a certain amount. Note that these rights cannot be taken away even if the lease says you have given away these rights. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". If your current rent price is on the higher end for your area, then adding utilities may limit the number of tenants that can afford to rent your property. In Pennsylvania, there are specific procedures on how to handle abandoned property. Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. What are the general lease provisions in Pennsylvania? Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. 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. The medical certification can be renewed two additional times. It is more difficult to get service turned back on after shut off. 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. Call your utility company to inform them of your PFA so these special procedures and protections can put in place for you. You should not consider any information in this article to be legal advice. 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. 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. 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. However, if the lease does not state how much notice is required, the general rule is as follows: Next, the landlord files the complaint with the appropriate District Justices office. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Is there a legal requirement for late fees in Pennsylvania? Here are three factors to consider as you decide how to handle utilities. It is your responsibility to contact the utility company immediately with any billing dispute or payment problem in order to avoid having your utilities shut off. In Pennsylvania, these often include: Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights . Standard Limit/Maximum Amount - 1.5 months' rent. is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law. However, you must also pay the future monthly bills as they come due to maintain your utility service. %PDF-1.4 Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. Reasonable time is usually interpreted as 9 a.m. to 5 p.m., Monday through Friday, holidays excluded. 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. Are there specific security deposit requirements? Are there any provisions regarding rent control in Pennsylvania? Stat. If landlord doesnt pay gas, electric or water bills the tenant should not be required to pay the back bill to keep services on. Pennsylvania is Now Accepting Applications for the Homeowner Assistance Fund, PUC Offers Winter Storm Utility Safety Tips, Department Of Human Services Highlights New State Child Care Tax Credit Available To Help Working Families, PUC and PA Department of Human Services Kick Off Low Income Home Energy Assistance Program (LIHEAP) Season, Consumer Alert: What Pennsylvanians Need to Know about the New Debt Collection Regulation Set to Take Effect 11/30/21, If your landlord pays the utility bills, but stops making payment to a utility company, a law called the Utility Service Tenants Rights Act requires the utility company to give you a chance to stop your utility service from being discontinued, [A utility includes the gas and electric companies, and most municipal water/sewer authorities (service must be provided beyond the municipalities' corporate limits), but not to Rural Cooperatives.]. Any sublet that does not comply with the lease clause will constitute a breach of lease and could potentially result in eviction. For example: A tenant has the right to adequate warning before a landlord visits the property or sends someone to the property for repairs. 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. READ THE FULL GUIDE! But opting out of some of these cookies may affect your browsing experience. Landlord rental licenses are not required by Pennsylvania law. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. ; Time Limit for Returns - 30 days, 15 days if leaving because of domestic violence, 5 days if forcibly evicted due to natural disaster. All rights reserved. Typical duties of the landlord. This article is part of our guide to tenants rights in Philadelphia. Like most other contracts, it can be oral or in writing. 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. 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 LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. 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. Section402. v3Q. <> 2001 - 2023, Pro Bono Net, All Rights Reserved. @` u08#T+z"w(p&]%0>JoNB96@} !7JH sBpY/>:Pbc. Similarly, there are no legal requirements for how rent is to be paid. The premises must meet minimum standards of habitability including compliance with applicable building codes. Security Deposits in New Jersey. 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 tenants dwelling is liable to the tenant if the utility company has cut off utility service to the tenants dwelling. Tenants are protected through the Public Utility Code for the resale, but other protections may be under the landlord/tenant law. 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. 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. 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. Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. But changing the name may be complicated, depending on the situation, and your landlord could fight the change, Ballenger says. The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. Find Smithmill Pennsylvania Landlord & Tenant attorneys near you. 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. Tenant'sExemption;Appraisement. However, the law does change, sometimes quickly and unexpectedly. In the state of Pennsylvania, a rental agreement is valid wherever a tenant agrees to exchange rent for occupying a property. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. This responsibility of the landlord extends not only to the individual tenant, but also to his family, servants and employees, business visitors, and social guests. Create an account to make a lease agreement for your rental and collect rental fees from tenants. 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. Once the utilities have been shut off, the situation may become more complicated. He grew up in Delaware County's Morton borough and has a degree in journalism from Temple University. For details, see Pennsylvania Required Landlord Disclosures. x\Ks WA,BM4^+-UV*C{=#ummH@ [r)_=}?*S~~:W%2iB~N+b1{S|TYs >R+x=2 It must also be in good repair pursuant to the landlords impliedwarranty of habitability, an implied right in every written or oral residential lease. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. 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. 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. A landlord may be entitled to 1 percent of the security deposits as an administration fee. 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. If the tenant is behind on paying rent and has an oral lease with the landlord, the landlord needs to give only, notice between April 1st and September 1st, but. And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. Find outhow to decide if you should allow pets in your rental property. What happens if your landlord doesn't pay the water bill? Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. State law also says that you can deduct payments you make on the water bill from your rent. All Rights Reserved. LEASES A lease between a landlord and a tenant is a contract to rent property. We recommend having a signed rental agreement, no matter how long the rental term, for added legal security. -Ze!M5^[tfPlV>*tTD~'"Z4u? 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). Please see below for more on retaliation. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. 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. 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. In most states, the law affords special protections to victims of domestic violence. % 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 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. Can security deposits be commingled with other assets in Pennsylvania? In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). Generally, Pennsylvania landlord-tenant law is landlord friendly. For more information, please check our. 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. The notice should have a bill for the previous 30 days of service attached. 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. 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. Who Is Responsible for Paying the Utility Bill? Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. First, the landlord must provide the tenant with an eviction notice. The sq. 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. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. 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. Section401. To go further, check out Legal Research: How to Find & Understand the Law, by Stephen Elias and the Editors of Nolo (Nolo). 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. Furthermore, the tenant may bring a cause of action against the landlord based on retaliatory eviction, which occurs when the tenant believes he or she is being evicted out of retaliation. You may also be able to apply to have future bills issued in your name. 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. In Pennsylvania, the landlord is not required to provide a receipt when the tenants rent has been received. Robert Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy unit. 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 you and your utility company cannot agree, call the Public Utility Commission (PUC) at. These laws also require those who operate transportation services to allow service animals. Does Pennsylvania have a law regarding grace periods? If your service has already been shut off, this will require the utility company to restore your service. If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. 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. Additionally, the lead paint and disclosure certification law requires landlords to ensure that any property where children 6 years and younger reside is free of lead. If you need legal assistance, consult a private attorney or call your local Legal Aid office. Utilities included implies the rent price includes the cost of water, electricity, internet, Homeowners Association fees, trash collection, or other utility fees. Outlining who is responsible for which utility in your lease agreement can ensure all parties are informed on the expectations. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. 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. Learn. 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