Pennsylvania Landlord Tenant Laws are provided in the 68 P.S. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. 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. There is an anti-retaliation provision in the law that presumes illegal retaliation if an owner seeks to raise the rent or evict a tenant within 6 months of the tenant exercising their rights under the Pennsylvania Utility Code except in cases of nonpayment of rent. Get next-day payments with Fastpay You should not consider any information in this article to be legal advice. x\Ks# W0n8|#SJ-8T%[lrMu5^ $A [_>B+W]>mOO0:c.M]WO]Uk:}>> kLB>^! Help prepare lawyers for meetings and court hearings. The shut off can be stopped for a maximum of 30 days at a time. Under the implied warranty of habitability law, the tenants obligation to pay rent and the landlords obligation to maintain habitable (safe, sanitary and fit) premises depend upon each other. Is|-W0o&|?r#="4[;k . The landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state. For details, see Pennsylvania Required Landlord Disclosures. If the tenant wins, the tenant is legally entitled to stay on the premises. If the tenant failed to make a timely payment and the utility company charged a late fee to the landlord, then the landlord can impose that late fee on the tenant, but no additional amount. Does Pennsylvania have a law regarding grace periods? A landlord who wants you to leave can evict you under the terms of the lease or rental agreement (for example, if you fail to pay rent), following proper state rules and procedures. Are there specific security deposit requirements? This clause informs the tenant that you agree to provide access to heat and hot water. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. After you contact the utility, your service should be restored, and you should be sent the 30-day notice. This overview of key landlord-tenant laws in Pennsylvania will get you started. To access the statutes, go to the Pennsylvania Laws and Legal Information section of the Nolo site and find the link to your state laws. This website uses cookies to improve your experience while you navigate through the website. Mg*?S~# wD6Zdr ^mtRW8-@[q(`79rbL@4anU$g>GN{J 1 > h+F#OGAM&LiS}t]|(?n. For details, see Pennsylvania Required Landlord Disclosures. After you tell the utility about this medical condition, you will need to get a doctor or nurse practitioner to call or send a statement to the utility company confirming the medical condition. 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. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. Landlords are required to distribute Truth in Renting to . 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, there are specific procedures on how to handle abandoned property. Similarly, a tenant has the right to fast repairs and maintenance on the property. Are there required disclosures that need to be given to tenants? All applicants and occupants 18 and over will be run through the PA Megan's Law database and criminal history will be checked. It shall be the duty of any public utility to pursueany appropriate legal remedy it has, necessary to obtain fromthelandlordratepayer,thenamesandaddresses ofallaffectedtenants ofa building ormobilehome park for which the utilityis proposing discontinuance of service to such landlordratepayer. WearingApparel,Bibles;SchoolBooks,Sewing MachinesandMilitaryAccoutrementstobeExempt. 5 0 obj READ THE FULL GUIDE! The tenant may stop the eviction proceedings by paying rent or proving that he or she was not in breach of the lease. Seek legal counsel as soon as possible if you do this. | Design by LIMIT8, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 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. You still have to make payment arrangements on any undisputed utility bills. 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. Any bill you pay to get the service restored can be deducted from your rental payments. If your service has already been shut off, this will require the utility company to restore your service. 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. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. 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. 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. 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. 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. Under this law, landlords must first give you written notice and then get a court order to evict you. Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities? 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. 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. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! You can search the table of contents for the landlord-tenant statutes. Please see below for more on retaliation. In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. Best practice differs based on location and circumstance. 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. 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. You also have the option to opt-out of these cookies. 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 issues. Section401. Nick Vadala is a staff writer for the Inquirer, writing about arts, travel, food and drink, and civics. 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. You will still be obligated to pay all utility bills that you do not dispute, including any bills you are receiving while the complaint is ongoing. What are the general lease provisions in Pennsylvania? A Landlord is obligated to supply possession of the premises as agreed in the lease. You may also be able to apply to have future bills issued in your name. Create an account to make a lease agreement for your rental and collect rental fees from tenants. 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). The attorney listings on this site are paid attorney advertising. If youve decided that tenants should pay for their own utilities, then this should be stated in the lease agreement. However, be carefulyou may need to put down a sizable deposit and it may also affect your lease. However, we advise separating these funds. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. Organize documents and coordinate document productions. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. Alternatively, a landlord may also be able to post the tenant's deposit as a bond. 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. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. These laws also require those who operate transportation services to allow service animals. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. If a rental unit is not individually metered, then the landlord is responsible for the utility billincluding any past due balance. <> Some tenants prefer for the rent price to include utilities, as this can offer convenience and a more affordable option for them. The tenant then has 10 days from the notice date to contact the landlord. To access the U.S. Code and Code of Federal Regulations online, see Nolo's Federal Law Resources page. Furthermore, the Pennsylvania landlord-tenant laws don't currently include state rent . evidence and priority of payment as is provided by law in the case of the mortgaging of . Learn how to set a late fee. 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 rights as a tenant: Check out our tenants' rights guide. Click here for a standard sublease template in Pennsylvania. (the first ten plus twenty more) to get the items. Compare top rated Plainfield rental lawyer profiles with awards, ratings & customer reviews. <> While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital . Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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 . 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). Additionally, landlords must give an. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. However, the law does change, sometimes quickly and unexpectedly. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct". 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. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. Streamline Rent Collection for Your Rental A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . Security Deposits in New Jersey. Once the utilities have been shut off, the situation may become more complicated. notice between September 1st and April 1st. Absent a rental agreement, the landlord is required to provide the tenant with at least 15 days notice of any changes to the lease. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. Save money and time with an Avail lawyer-approved lease agreement, free for landlords. Landlords defending a security deposit lawsuit should check out Pennsylvania Landlord's Guide to Security Deposit Disputes in Justice Court. Heat and Hot Water Clause. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. Subleasing occurs when the original tenant rents the unit to another individual. how you can stop the service from being terminated, the landlord's bill for the last 30 days of service, and. 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. Are receipts required for rent or deposit payments? In most states, subleasing is not allowed unless the landlord consents. We surveyed our landlords in Pennsylvania to find out what deposit amount they collected: When must a landlord return the deposit by in Pennsylvania? 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