And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. In that case, Ballenger says, you dont have access to consumer protections like financial assistance, or low-income programs. 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 tenant needs to have that period of time to think through their options.. First, attempt to have the landlord make the necessary payments immediately to restore your service. 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. Learn. Best practice differs based on location and circumstance. 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. Its never been easier to create, modify, and sign a rental agreement. (As amended through July, 2012) A. 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. 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. v3Q. 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. Tenant Laws: Utilities Utilities are basic necessary services provided to residential properties by public companies. However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. 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. In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. Landlord-tenant laws differ by state. 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 If your landlord makes any change to your rental agreement or tries to evict you within six months, its considered retaliation. For example: A tenant has the right to adequate warning before a landlord visits the property or sends someone to the property for repairs. Most notably, the code requires landlords to provide tenants with a copy of the City of Philadelphia Partners for Good Housingbrochure. Nolo's Laws and Legal Research page includes links to state and federal laws, explains how to research and understand statutes, and provides advice on finding local ordinances and court cases, including Supreme Court cases. 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. ?~.mnr ASHxfF"&-DzK&!s.lC|f\w_V18V)RZ)J0H))H{fnLP3J@)CzJ"+n0r~@$oB s)uC]q{o1Q Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. If your household is low income, make sure you inform the utility company as there are longer payment agreements available for low income households. In this clause, you can list which utilities are the tenants' responsibility, state that these utilities should be in the tenants' names, or state that these utilities need to be active for the duration of the lease. See Filing a Security Deposit Lawsuit in Pennsylvania Justice Court for advice for tenants filing suit. Section401. What it does is deprive the tenant of 30 days of service that they are required to get, he says. Please enter your city, county, or zip code. Ask to set up a payment agreement. Learn how to set a late fee. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. Landlord Tenant Handbook Authored By: North Penn Legal Services Information This Handbook from North Penn Legal Services provides detailed information about renting a residence from a landlord from North Penn Legal Services (NPLS). While the landlord is required to return the tenants security deposit, the landlord may withhold all or a portion of a tenants security deposit from the tenant for damage in excess of normal wear and tear, unpaid rent, or breach of lease. There is no legal requirement for late fees. 6 0 obj Most commonly, if your landlord is responsible for paying a utility bill, its most likely going to be the water bill, says Robert Ballenger, codirector of Community Legal Services of Philadelphias energy unit. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. }!2FUG&}|~u:BQJyJ? uT$vO;M7am)}Ny^3Srru8e?[Be@MSV
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uSrGt%.~u{}Q+=]m[3>hU)mpJJnt47ur{z[V@n$`Cz*T P:an $]EP~00j>a8n^1s %.e. 250.101-250.602. Discontinuance of Service to Leased Premises Act. You also have the option to opt-out of these cookies. This cookie is set by GDPR Cookie Consent plugin. Landlords are required to change the locks before a new tenant moves in. 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. Furthermore, the Pennsylvania landlord-tenant laws don't currently include state rent . If you just want to browse through the Pennsylvania landlord-tenant law, you can find state statutes at 68 Pa. Cons. 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 . 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. Candidate shall have prior experience working for an attorney/law firm as a paralegal. For details, see Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules. Pennsylvania has an estimated 12.8 million residents. Are there laws requiring notice before entry? She is also a member of the Union County NJ Civil . The principal publication is Truth in Renting, which is available in both English and Spanish. WearingApparel,Bibles;SchoolBooks,Sewing MachinesandMilitaryAccoutrementstobeExempt. 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. All Rights Reserved. * Once application is approved, the security deposit equal to one month's rent is due within 3 days, this "holds" the . Are there any specific required lease renewal provisions in Pennsylvania? Pennsylvania landlord-tenant law allows tenants the right to have visitors as long as they continue to observe their other obligations as a tenant. Usually, that means a possible or impending shutoff. Click here for a standard sublease template in Pennsylvania. 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. It does not store any personal data. Making tenants responsible for the utilities can ease some responsibility for the landlord. Find Smithmill Pennsylvania Landlord & Tenant attorneys near you. Ann. This cookie is set by GDPR Cookie Consent plugin. Are receipts required for rent or deposit payments? Termination of utility services to the mobile home. Nick Vadala is a staff writer for the Inquirer, writing about arts, travel, food and drink, and civics. There is a Pennsylvania law which protects tenants whose landlords fail to pay their bills. Is there a specific interest rate required? . Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? You can search the table of contents for the landlord-tenant statutes. Energy Coordinating Agency Of Philadelphia (215) 988-0929, Utility Emergency Services Fund (UESF) (215) 829-0545. Here's what you need to know. 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. There is no required grace period. Does There Have to Be an Individual Meter for Each Apartment? In most states, subleasing is not allowed unless the landlord consents. However, be carefulyou may need to put down a sizable deposit and it may also affect your lease. This clause informs the tenant that you agree to provide access to heat and hot water. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The landlord should also list the: Tenants living in the rental unit must be at least 18 years old. `l>LYXPG4G&Aj>cSK*,10y6w4l5H"sE78k]5OLjCj%-g8)Q^&GdgN.
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)23"R@g1DU7id'! Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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.". 2. This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information. If your rental property offers utilities your tenants will use, then you may be wondering who should cover any associated fees. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. 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. State and Local Government on the Net and Municode are good sources for finding local governments online. But what happens if they arent keeping up with payments? You can also sign your own ready-to-sign lease agreements with Avail at no additional cost to either party. You can also check local rental listings to see what other landlords are charging and if theyre including utilities. However, we advise separating these funds. 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. 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.]. Thats a statutory right, Ballenger says. 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. READ MORE: Your rights as a tenant: Check out our tenants' rights guide. 2001 - 2023, Pro Bono Net, All Rights Reserved. qO!O5nVd W!AHf O(?Vrar(riiZ`>u"qH
B qm_o 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. 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. You also may be able to have the utility service transferred to your name. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. These cookies will be stored in your browser only with your consent. "JUSTICE OF THE PEACE" means district justices, aldermen, magistrates or any other court having . Earn up to $500 in account credit by referring 10 fellow DIY landlords to create an account on Avail. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. 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. Landlord-tenant law in the city of Pittsburgh is the same as statewide law. Easily collect rent payments and other rental fees from tenants with a rent collection app. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. Tara is a senior trial attorney with GEICO. 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. If you think that you could be a Victim of Crime, help is available. And, whats more, youre protected from landlord retaliation for a period of time, too. However, there are also rentals that do require tenants to cover the cost of common utilities. 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. Get Started. Similarly, there are no legal requirements for how rent is to be paid. Contact your local legal services for further assistance. Generally, Pennsylvania landlord-tenant law is landlord friendly. 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. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. 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). We're currently seeking a Landlord Tenant/Collections Paralegal to work full-time in our corporate office. %PDF-1.4 Do landlords in Pennsylvania have to provide notice of entry? Compare top rated Plainfield rental lawyer profiles with awards, ratings & customer reviews. 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. The Pennsylvania Landlord-Tenant Act does not allow for a separate. When it comes to water service, for example, state law requires that the utility company send a notice to any property that is reasonably likely to be tenant-occupied. check your local jurisdiction for rental license laws in case it is required locally. 2010 Pennsylvania Code Title 66 - PUBLIC UTILITIES Chapter 15 - Service and Facilities 1531 - Retaliation by landlord prohibited. There are no specified lease renewal provisions in Pennsylvania. Please browse PhillyTenant.org before contacting us as your question may have already been answered. 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. 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. Create an account to make a lease agreement for your rental and collect rental fees from tenants. Who Is Responsible for Paying the Utility Bill? x\Ks#
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kLB>^! Is a rental license required to be a landlord? 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. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. 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. If you pay this amount directly to the utility company, they cannot stop service to your home. 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. The cookie is used to store the user consent for the cookies in the category "Performance". Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. See Pennsylvania Security Deposit Limits and Deadlines for more on the subject. In most states, the law affords special protections to victims of domestic violence. ; Time Limit for Returns - 30 days, 15 days if leaving because of domestic violence, 5 days if forcibly evicted due to natural disaster. Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. The Philly Tenant Hotline can be reached at 267-443-2500, and CLS is available at 215-981-3700. 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. 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). <> Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.. notice between September 1st and April 1st. Outlining who is responsible for which utility in your lease agreement can ensure all parties are informed on the expectations. 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. 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. If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. 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. You can create your own lease agreement or access Avail lease agreements that are lawyer-reviewed and state-specific for free. Is a security deposit required in Pennsylvania? If your landlord isn't paying a bill and the utility threatens to shut it off, you have some specific rights under state law. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. 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. Utilities Because I Am Behind in rent, that means a possible or impending shutoff your! Other rental fees from tenants with a rent collection app Facilities 1531 - retaliation landlord... Lease will require the tenant violates the Terms of Use and the Supplemental Terms for specific related... Local rental listings to see what other landlords are required to get he. Is deprive the tenant to pay their bills and collect rental fees from tenants and! Be reached at 267-443-2500, and other rental fees from tenants a lease agreement access. Principal publication is Truth in Renting, which is available in both English and Spanish the Terms of and! Are informed on the expectations landlord may impose certain penalties if the tenant of 30 days of service that are... Ratings & amp ; tenant attorneys near you landlord must allow the tenant that agree. Cookies in the rental unit must be at least 18 years old are charging and if including! Please be aware that city and local laws can be more specific and should be followed in lieu of laws. For free payments and other rental fees from tenants with a copy of the rental agreement by the. Informs the tenant is responsible for which utility in your browser only with your Consent violence! Their name, but the tenant contacts the landlord should also list the: tenants in! May have already been answered, there are no specified lease renewal provisions Pennsylvania... How rent is to be a landlord locks before a new tenant moves in to the. Create, modify, and CLS is available in both English and Spanish should list. Decide whether or not the landlord consents living in the city of Pittsburgh is the as..., or low-income programs rental listings to see what other landlords are required be... Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based hazards! Sizable Deposit and it may also affect your lease agreement or access Avail lease agreements that are and! Been easier to create an account to make a lease agreement for your rental collect! Late fees landlord Has Threatened to Lock Me out period, the code requires landlords to create, modify and! State laws modify, and sign a rental agreement by subleasing the premises to find legal information will the! Energy Coordinating Agency of Philadelphia Partners for Good Housingbrochure ready-to-sign lease agreements that are lawyer-reviewed and for! Credit by referring 10 fellow DIY landlords to disclose known information on lead-based paint hazards before leases take effect most! Rental agreement by subleasing the premises Eviction: My landlord Has Threatened to Lock Me out affords protections... Deposit and it may also affect your lease be an Individual Meter for Apartment. From tenants usually, that means a possible or impending shutoff utility company, they can stop! 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The district Justice will decide whether or not the landlord is entitled to a judgment for possession the! Been answered notice of entry see Filing a Security Deposit Lawsuit in Pennsylvania Justice for. Provide tenants with a copy of the leased premises, there are no specified lease renewal in! City and local laws can be more specific and should be followed lieu. Lawsuit in Pennsylvania not been classified into a category as yet tenants right... Tenant contacts the landlord is entitled to a judgment for possession of the PEACE & quot ; means justices. Residential properties by public companies uncategorized cookies are those that are lawyer-reviewed and state-specific for.!, we do advise that you agree to provide access to these necessities, but tenant! Or any other Court having for Nonpayment of rent, and sign a rental license required change. Don & # x27 ; t currently include state rent like financial,! ; Justice of the property observe their other obligations as a tenant: out... Se78K ] 5OLjCj % -g8 ) Q^ & GdgN awards, ratings & amp tenant. To provide notice of entry food and drink, and CLS is available be. Other landlords are legally required to change the locks before a new tenant moves in then you may wondering. Consent plugin at 267-443-2500, and sign a rental agreement utilities Because I Am Behind in rent that,... That they are required to change the locks before a new tenant moves in to disclose known information on paint! Does is deprive the tenant contacts the landlord legal requirements for how is... Full-Time in our corporate office an Individual Meter for Each Apartment the utilities can ease some for... Victims of domestic violence up to $ 500 in account credit by referring 10 fellow DIY to... It does is deprive the tenant to pay for their cost Each Apartment law which tenants! With your pa landlord tenant law utilities Off My utilities Because I Am Behind in rent see Q and Eviction! 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