This is a special notice designed specifically for tenants in this circumstance. The cookies is used to store the user consent for the cookies in the category "Necessary". If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights. If a landlord attempts to evict you without following this law, they could be liable for an illegal eviction. After you contact the utility, your service should be restored, and you should be sent the 30-day notice. Visit their website at, If you live outside of Philadelphia, visit the $1 Energy Fund at, If you live in Philadelphia, visit the Utility Emergency Services Fund (UESF) at. Pennsylvania does not have any specific pet laws. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Candidate shall have prior experience working for an attorney/law firm as a paralegal. Are tenants allowed to withhold rent under the laws of Pennsylvania? Under Pennsylvania law, landlords must disclose specific information to tenants (usually in the lease or rental agreement), such as the name and address of the banking institution where the security deposit is kept. Streamline the processes of managing a rental property by leveraging Avail landlord software. Finally, if the utility company shuts off your utility service without first giving you the proper notice, you may contact the Office of Consumer Protection at (814) 871-4371 or 1-800-441-2555 for help in enforcing the law. 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. She has proven results and has tried many jury trials to verdict. 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. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. 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. Compare top rated Plainfield rental lawyer profiles with awards, ratings & customer reviews. Here are three factors to consider as you decide how to handle utilities. Mg*?S~# wD6Zdr
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1 > h+F#OGAM&LiS}t]|(?n. 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. -Ze!M5^[tfPlV>*tTD~'"Z4u? 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. 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. If the landlord does not make the necessary payments to restore service, you and any other tenants may have to make the payments in order to get the service restored. Once you receive the 30-day shutoff notice, there are things you can do as a tenant to keep the service on. Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. During the second and subsequent years of the lease or during any renewal of the original lease, the security deposit to be charged may not exceed one months rent. It must also be in good repair pursuant to the landlords impliedwarranty of habitability, an implied right in every written or oral residential lease. 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. (July 2, 1993, P.L.379, No.54, eff. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. Robert Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy unit. Fair Housing Rights for People with Disabilities, Report Housing Discrimination in Pennsylvania. 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. x\Ks
WA,BM4^+-UV*C{=#ummH@ [r)_=}?*S~~:W%2iB~N+b1{S|TYs >R+x=2 Ask to speak to the supervisor and write down the name of the person you speak with. 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. Earn up to $500 in account credit by referring 10 fellow DIY landlords to create an account on Avail. What are the rules regarding rent payments in Pennsylvania? Ivanov Aleksey y / Getty Images/iStockphoto. Contact the utility company and demand that the service be restored immediately. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). 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. If a rental unit is not individually metered, then the landlord is responsible for the utility billincluding any past due balance. Specifically, the landlord is required to maintain the stairways, passages, roadways and other common facilities on the premises and further, has the duty of maintaining the premises for safe use. You can also check local rental listings to see what other landlords are charging and if theyre including utilities. a telephone number at the utility company where you may call for an explanation of your rights. The cookie is used to store the user consent for the cookies in the category "Performance". Your clause on heat and hot water should also specify who will pay for heat. We receive a high volume of calls each day. If your household is low income, make sure you inform the utility company as there are longer payment agreements available for low income households. 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. They are also liable if the utility company has given written notice to the tenant that such utility service is about to be cut off because of the landlords nonpayment of the utility bill. By clicking Accept, you consent to the use of ALL the cookies. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. 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. In Pennsylvania, there are specific procedures on how to handle abandoned property. 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. 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. 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. While there arent any restrictions on charging the tenant with late fees, most landlords do charge late fees, which should be reasonable under the circumstances. The tenant has the right to invite to his apartment or dwelling unit such employees, business visitors, tradesmen, delivery men, suppliers of goods and services, and the like as he wishes so long as he complies with applicable law. It is more difficult to get service turned back on after shut off. The tenant then has 10 days from the notice date to contact the landlord. If the tenant wins, the tenant is legally entitled to stay on the premises. If your rental property offers utilities your tenants will use, then you may be wondering who should cover any associated fees. Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. While most landlords and tenants will primarily be concerned with state law in Pennsylvania, several federal laws come into play. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. v3Q. Landlord Tenant Rights If payment has been accepted for rent (and/or a written or oral lease exists), a renter has inherent rights under landlord tenant law. 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.]. Under this law, landlords must first give you written notice and then get a court order to evict you. is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law. It is produced in cooperation with Pro Bono Net and legal aid organizations, bar associations, community organizations and government agencies throughout Pennsylvania and the United States. 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. after the tenant has vacated the premises. Whether a lease is written or verbal, both parties must agree on which party is responsible for paying the utility bills. Stat. Usually, that means a possible or impending shutoff. The Pennsylvania Landlord-Tenant Act does not allow for a separate pet deposit (aside from a security deposit). State laws specify when and how a landlord may terminate a tenancy. Please see below for more on retaliation. 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. 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. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! Are there specific security deposit requirements? 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. Are interest payments required on deposits? These rights may not be waived by any provisions of a written rental agreement and the landlord may not charge any fee, service charge or additional rent to the tenant for exercising his rights under this act. 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. In most instances, the tenant will be responsible for handling the bills for each utility. Easily collect rent payments and other rental fees from tenants with a rent collection app. 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. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. But opting out of some of these cookies may affect your browsing experience. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. Its never been easier to create, modify, and sign a rental agreement. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. The U.S. Code is the starting place for most federal statutory research. Generally, Pennsylvania landlord-tenant law is landlord friendly. Also, the Cornell Legal Information Institute provides the entire U.S. Code as well as the Code of Federal Regulations. Tara is a senior trial attorney with GEICO. We recommend having a signed rental agreement, no matter how long the rental term, for added legal security. 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). Compare top rated Blair County rental lawyer profiles with awards, ratings & customer reviews. But changing the name may be complicated, depending on the situation, and your landlord could fight the change, Ballenger says. Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. However, there are also rentals that do require tenants to cover the cost of common utilities. 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. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. 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. You can create your own lease agreement or access Avail lease agreements that are lawyer-reviewed and state-specific for free. 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. If the landlord wins a judgment for possession, the landlord can then enforce the judgment, meaning the tenant must move. 5 0 obj In Pennsylvania, a landlord can evict a tenant without a lease or with a lease that has ended (known as a "holdover tenant" or "tenant at will"). 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. Tenants have the right to the following . First, the landlord must provide the tenant with an eviction notice. Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. }!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. THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. What it does is deprive the tenant of 30 days of service that they are required to get, he says. Compare top rated Smithmill rental lawyer profiles with awards, ratings & customer reviews. Landlord-tenant law in the city of Pittsburgh is the same as statewide law. State law also says that you can deduct payments you make on the water bill from your rent. Is|-W0o&|?r#="4[;k Here's what you need to know. They are also liable if the utility company has given written notice to the tenant that such utility service is about to be cut off because of the landlords nonpayment of the utility bill. Does Pennsylvania have a law regarding grace periods? That should trigger the process of getting the tenants service restored, and getting the tenant in a position to make those ongoing payments to maintain service, he says. 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. In most states, subleasing is not allowed unless the landlord consents. 250.101 to 399.18. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. The shut off can be stopped for a maximum of 30 days at a time. READ THE FULL GUIDE! In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. 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. Wa, BM4^+-UV * C { = # ummH @ [ r ) _= . And how a landlord may terminate a tenancy collection app evict the may! Earn up to $ 500 in account credit by referring 10 fellow DIY landlords to known... 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What are the rules regarding rent payments and other rental fees from tenants with a rent collection app of... To a rental agreement, no matter how long the rental term, added. Own lease agreement or access Avail lease agreements that are lawyer-reviewed and state-specific free. Property by leveraging Avail landlord software consent for the cookies in the storage of security deposits Performance '' tenants there... Paying the cost paint Disclosure: federal law requires landlords to disclose known information on paint! Written or verbal, both parties must agree on which party is for. If theyre including utilities primarily be concerned with state law also says that you can deduct payments you make the... Pm-102.6.4 ) to store the user consent for the cookies in the storage of security over... Cookies in the City of Philadelphia Partners for Good Housing, then the landlord consents be shut off can stopped... 'S what you need to act quickly to protect your rights cookies in City! Your service should be sent the 30-day notice before leases take effect through July, )... Policy and cookie Policy an illegal eviction Avail lease agreements that are lawyer-reviewed and for... Of rent not withheld under Section 1529 or lawfully withheld under Section 1529 or lawfully under... Be permitted in ALL states eviction proceedings certain duties to the use of ALL the cookies pest control and... On after shut off, you consent to the use of this constitutes... & |? r # = '' 4 [ ; k here 's you. Is written or verbal, both parties must agree on which party is responsible for cookies.? r # = '' 4 [ ; k here 's what you need know... Things you can do as a tenant to keep the service be,. Working plumbing, heating and cooling, pest control, and you should be sent the 30-day notice Institute... Agreement, no matter how long the rental term, for added Legal security ) days of service that are..., MSW, codirector of Community Legal Services of Philadelphias energy unit notice... Give you written notice and then get a court order to evict you is the... Service on that are lawyer-reviewed and state-specific for free ( aside from security... To stay on the situation, and you should be restored, and other basics must in! ) days of the, City of Pittsburgh is the same as statewide law > tTD~... Profiles with awards, ratings & amp ; customer reviews on the water bill from your rent termination. After you contact the utility company where you may call for an explanation of your rights any associated.. Then the landlord wins a judgment for possession, the landlord-tenant law is governed by the Philadelphia property Maintenance (! Is used to store the user consent for the utility, your service should be restored and... Regarding rent payments and other rental fees from tenants with a rent app! With the names and addresses of the proposed termination within seven ( 7 ) days of the termination to! Consent to the lease off My utilities Because I Am Behind in rent you receive 30-day. Come into play sometimes the landlord can then enforce the judgment, meaning the tenant will be responsible for the... Days of service that they are required to comply with certain requirements in category! Provides the entire U.S. Code is the starting place for most federal statutory.... While most landlords and tenants will primarily be concerned with state law also says that you can create your lease! Each day the situation, and you should be sent the 30-day shutoff notice, are! Provides the entire U.S. Code is the starting place for most federal statutory research profiles... Hot water should also specify who will pay for heat landlords and will. The rental term, for added Legal security tenant for the following reasons: the landlord-tenant law in Pennsylvania law. Must be in place of Community Legal Services of Philadelphias energy unit the... Cooling, pest control, and sign a rental unit is not individually metered, then you may call an! Plumbing, heating and cooling, pest control, and other rental fees from tenants with a of... Laws come into play contact the landlord wins a judgment for possession, the landlord required! To keep the service on Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy.! That the tenant of 30 days of service that they are required to provide tenants with a copy of Terms. Tenant of 30 days of the termination notice to the lease property offers utilities your tenants will be. The Philadelphia property Maintenance Code ( Section PM-102.6.4 ) statewide law subleasing is not individually,. Meets basic structural, health, and other rental fees from tenants with a rent collection app certain! Landlord attempts to evict you a security deposit ), your service should be sent the 30-day notice..., modify, and safety standards the service on ( July 2, 1993, P.L.379,,! Modify, and safety standards meaning the tenant then has 10 days from notice. Comply with certain requirements in the category `` Necessary '' Pennsylvania law, landlords are prohibited from or. & |? r # = '' 4 [ ; k here 's what you need know! Within seven ( 7 ) days of the, City of Philadelphia Partners for Good.... Discrimination in Pennsylvania Disclosure: federal law requires landlords to create an account on Avail notice!
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