We surveyed our landlords in Pennsylvania to find out what deposit amount they collected: When must a landlord return the deposit by in Pennsylvania? Stat. But remember, as a tenant, you do have some rights. We recommend having a signed rental agreement, no matter how long the rental term, for added legal security. For example: A tenant has the right to adequate warning before a landlord visits the property or sends someone to the property for repairs. Furthermore, while there is no mandated notice before the landlord enters the premises to correct a repair, we recommend providing the tenant with 24 hours notice. 6 0 obj v3Q. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. The notice should have a bill for the previous 30 days of service attached. 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. After you contact the utility, your service should be restored, and you should be sent the 30-day notice. Is a security deposit required in Pennsylvania? It consists of 50 separate numbered titles, each covering a specific subject matter. Pennsylvania does not have any specific pet laws. The tenant then has 10 days from the notice date to contact the landlord. If a landlord attempts to evict you without following this law, they could be liable for an illegal eviction. And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. This means that there cannot be a foreign load on the tenants utility billthe tenants wiring cannot include the common areas or another apartment. Mg*?S~# wD6Zdr ^mtRW8-@[q(`79rbL@4anU$g>GN{J 1 > h+F#OGAM&LiS}t]|(?n. These cookies track visitors across websites and collect information to provide customized ads. In Pennsylvania, the landlord is not required to provide a receipt when the tenants rent has been received. These cookies will be stored in your browser only with your consent. All applicants and occupants 18 and over will be run through the PA Megan's Law database and criminal history will be checked. (As amended through July, 2012) A. 5 0 obj During the first year of any lease, the landlord may only charge a security deposit less than or equal to two months rent. Tenants are protected through the Public Utility Code for the resale, but other protections may be under the landlord/tenant law. The landlord must notify the tenant of the deductions within 30 days after the tenant has vacated the premises. And check out our tips to make your rental lease even better. is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law. 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. The eviction notice must be personally delivered to the tenant or posted on the dwelling. A written lease may state how many days of notice must be given by the landlord before the landlord can evict. (the first ten plus twenty more) to get the items. Generally, both the owner and lessee (landlord and tenant, respectively) are required to include their names on the rental agreement. stream Making tenants responsible for the utilities can ease some responsibility for the landlord. f^s+w_`Bh(pb! Energy Coordinating Agency Of Philadelphia (215) 988-0929, Utility Emergency Services Fund (UESF) (215) 829-0545. Tara is a senior trial attorney with GEICO. Landlord rental licenses are not required by Pennsylvania law. Visit PAVictimsHelp.orgfor more information. If the landlord wins a judgment for possession, the landlord can then enforce the judgment, meaning the tenant must move. For details, see Pennsylvania Required Landlord Disclosures. The Philly Tenant Hotline can be reached at 267-443-2500, and CLS is available at 215-981-3700. % One method many landlords and property managers use to charge their tenants for utilities is including the estimated cost in the monthly rent. THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. 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. By clicking Accept, you consent to the use of ALL the cookies. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. WearingApparel,Bibles;SchoolBooks,Sewing MachinesandMilitaryAccoutrementstobeExempt. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Pennsylvania. Several other landlord-tenant laws in Pennsylvania affect both property owners and renters, including: If you want to read the text of a law itself, such as state security deposit rules, you'll find citations in many of the articles and charts included in the State Landlord-Tenant Laws section of the Nolo site. Does Pennsylvania have a law regarding grace periods? You may also be able to apply to have future bills issued in your name. Please browse PhillyTenant.org before contacting us as your question may have already been answered. There is no required grace period. However, if the tenant fails to pay rent 10 days after rent is due, the landlord is allowed to declare the tenant in default under the lease agreement or accept the rent and the appropriate late fee. 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. The tenant also shall have right to invite to his apartment or dwelling unit, for a reasonable period of time, such social guest, family or visitors as he wishes, as long as he or she complies with applicable law. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.. Get next-day payments with Fastpay Find outhow to decide if you should allow pets in your rental property. All Rights Reserved. Landlord and Tenant Act of 1951. The lease agreement should also state if theyre responsible for setting up those utilities once moved in or include the utility fees in their rent payments. This article is part of our guide to tenants rights in Philadelphia. Copyright Housing Equality Center of Pennsylvania 2023. 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. That can cause issues for some tenants especially if you are low-income. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. 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. Absent a rental agreement, the landlord is required to provide the tenant with at least 15 days notice of any changes to the lease. This can be done by including three clauses: 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. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. For example, if theyre having issues with their internet connection, then you will need to help them troubleshoot the issue. Even for leases that are less than 12 months, we encourage our landlords to enter into written rental agreements with their tenants for added legal security. Pennsylvania landlord-tenant law allows tenants the right to have visitors as long as they continue to observe their other obligations as a tenant. This may be considered an illegal attempt to evict you without going through proper legal procedures and if this happens or if the landlord threatens this, you should consult an attorney or call legal aid. Under this law, landlords must first give you written notice and then get a court order to evict you. See Pennsylvania Security Deposit Limits and Deadlines for more on the subject. The Pennsylvania Landlord-Tenant Act does not allow for a separate pet deposit (aside from a security deposit). For example, if your normal rent is $300 per month, you can countersue the landlord for $600. 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. Security Deposits in New Jersey. If you pay this amount directly to the utility company, they cannot stop service to your home. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). Ask to speak to the supervisor and write down the name of the person you speak with. 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. % Schedule rent payments in advance 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. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. You may be required to provide a copy of the PFA to the utility company. If so, for what purposes? This is a special notice designed specifically for tenants in this circumstance. Are tenants allowed to withhold rent under the laws of Pennsylvania? Compare top rated Blair County rental lawyer profiles with awards, ratings & customer reviews. Here's what you need to know. If your lease is in writing, make sure that the lease outlines who is responsible to pay for utilities. This cookie is set by GDPR Cookie Consent plugin. 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. In most instances, the tenant will be responsible for handling the bills for each utility. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Do Not Sell or Share My Personal Information, Pennsylvania Required Landlord Disclosures, Pennsylvania Security Deposit Limits and Deadlines, Filing a Security Deposit Lawsuit in Pennsylvania Justice Court, Pennsylvania Landlord's Guide to Security Deposit Disputes in Justice Court, Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules, Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct", State Laws on Unconditional Quit Terminations, State Laws on Termination for Violation of Lease, Pennsylvania State Laws Prohibiting Landlord Retaliation, abandoned property left behind by tenants, the U.S. Department of Housing and Urban Development (HUD), U.S. Environmental Protection Agency (EPA), Do Not Sell or Share My Personal Information, tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition (see, fair housing rights (discrimination is also prohibited by federal and, often, local lawsee the. Pennsylvania state law limits how much a landlord can charge for a security deposit (two months' rent for the first year of renting and one month's rent during subsequent years), when it must be returned (within 30 days after a tenant moves), and sets other restrictions on deposits. 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 $12,000. The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. Included within this brochure is a set minimum health, safety, and maintenance standards for houses and apartments in Philadelphia, as well as the responsibilities of owners, tenants, and landlords for maintaining houses and apartments in a safe and clean condition. The landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). The landlord must give the tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to vacate the premises. You can also list out specific utilities the rent price covers to give them a better idea on what tenants are responsible for covering in addition to rent. Increase your rent price and bundle utilities and rent. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. }!2FUG&}|~u:BQJyJ? uT$vO;M7am)}Ny^3Srru8e?[Be@MSV t hJbmd 182qUkMwQu33hGeu Ol F[iDtcL OG>n_on1;B]6z;P:^Sb1 s nvl>|jWnBEE{dc4`az0 [qFk/0-bcjr5h`9\au&:PN uSrGt%.~u{}Q+=]m[3>hU)mpJJnt47ur{z[V@n$`Cz*T P:an $]EP~00j>a8n^1s %.e. 2. Ivanov Aleksey y / Getty Images/iStockphoto. Landlords are required to change the locks before a new tenant moves in. Do late fees need to be in the written rental agreement? Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Save money and time with an Avail lawyer-approved lease agreement, free for landlords. Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. x\Ks# W0n8|#SJ-8T%[lrMu5^ $A [_>B+W]>mOO0:c.M]WO]Uk:}>> kLB>^! Pennsylvania has an estimated 12.8 million residents. Previous landlord/tenant judgments and/or current landlord/ tenant references will be checked. 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. Are interest payments required on deposits? First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. Landlord-tenant law in the city of Pittsburgh is the same as statewide law. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. . Is a rental license required to be a landlord? This cookie is set by GDPR Cookie Consent plugin. Create Free Lawyer-Approved Lease Agreements. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. Best practice differs based on location and circumstance. 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. Tenants have similar rights and responsibilities as those listed for landlords. Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. 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. If necessary, call the Public Utility Commission at 1-800-692-7380. 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. 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. There is a Pennsylvania law which protects tenants whose landlords fail to pay their bills. 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. 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. Regarding a year-to-year or definite lease term, at least 30 days notice is required if the landlord wants to make any changes to the lease or terminate the tenancy. What are the rental agreement notice requirements in Pennsylvania? For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . (July 2, 1993, P.L.379, No.54, eff. The landlord is required to return either part or all of the security deposit to the tenant. Discontinuance of Service to Leased Premises Act. The cookie is used to store the user consent for the cookies in the category "Analytics". Under Pennsylvania law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. notice between September 1st and April 1st. For details, see Pennsylvania Required Landlord Disclosures. Fair Housing Rights for People with Disabilities, Report Housing Discrimination in Pennsylvania. However, be carefulyou may need to put down a sizable deposit and it may also affect your lease. 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. The landlord is not required to collect a security deposit from the tenant. Charge a flat monthly fee for utilities (youll want this to be the average utility cost each month). See Filing a Security Deposit Lawsuit in Pennsylvania Justice Court for advice for tenants filing suit. 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. 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. 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. If you and your utility company cannot agree, call the Public Utility Commission (PUC) at. Under Pennsylvania law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct". This website uses cookies to improve your experience while you navigate through the website. While most landlords and tenants will primarily be concerned with state law in Pennsylvania, several federal laws come into play. 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. Finally, check USA.gov, the official U.S. website for government information. Landlord-tenant laws differ by state. Manage Your Rentals With Landlord Software. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. 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. 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 youre listing your rental in a competitive market, then you can market how your rent price includes utilities to generate interest from prospective tenants. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. Are receipts required for rent or deposit payments? "JUSTICE OF THE PEACE" means district justices, aldermen, magistrates or any other court having . This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information. To do so, they must first terminate the tenancy by giving proper notice to move out. 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. 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. Note that these rights cannot be taken away even if the lease says you have given away these rights. The tenant may stop the eviction proceedings by paying rent or proving that he or she was not in breach of the lease. Candidate shall have prior experience working for an attorney/law firm as a paralegal. 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. Like most other contracts, it can be oral or in writing. Please enter your city, county, or zip code. Section402. Tara has attended NITA (2018). 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. We're currently seeking a Landlord Tenant/Collections Paralegal to work full-time in our corporate office. In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. 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. <> Any bill you pay to get the service restored can be deducted from your rental payments. <> Contact your local legal services for further assistance. 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. This can simplify things for both landlords and tenants. However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. Visit their website at, If you live outside of Philadelphia, visit the $1 Energy Fund at, If you live in Philadelphia, visit the Utility Emergency Services Fund (UESF) at. This clause informs the tenant that you agree to provide access to heat and hot water. If the landlord fails to do so, the utility company must find another way to get this information. Standard Limit/Maximum Amount - 1.5 months' rent. : A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenants dwelling is liable to the tenant if the utility company has cut off utility service to the tenants dwelling. Learn more about our strategy for building an effective rental listing that highlights whats included in your rent price and maximizes tenant interest. Click here for a standard sublease template in Pennsylvania. Streamline the processes of managing a rental property by leveraging Avail landlord software. `nv?&H2 1{{OK&G{+yr/ K`MUX7.w%7u,nRmTp9.AKHG9dLE If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. While youre legally required to provide access to heat and hot water, it may be the tenants responsibility to set it up and pay for it. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. ZN;p)h*Hc0g/Ra &9,\jX?08bCL>w0_c : *'X=43YP Z q\%eE7S8~ED3BFBy)(}3,CW=9&|=Z:unevN]2Ug>/OrWA$)gtSt5r/ UloX~g/a1)K_6oLznyI7Lb,Lb>w If a mobile home is abandoned by the tenant(s) for a period of thirty days or more, the owner of the mobile home park or other person or persons responsible for the operation of the park may: Enter the mobile home and secure any appliances, furnishings, materials, supplies or other personal property therein and disconnect the mobile home from any utilities, Move the mobile home to a storage area within the mobile home park or to another location, Assess removal charges and storage charges against the former mobile home residents. There is no legal requirement for late fees. If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Find Smithmill Pennsylvania Landlord & Tenant attorneys near you. If the lease is one year or more, the landlord must provide 90 days notice. But right now, Pennsylvania and Philadelphia have some moratoriums against shutting off utilities due to nonpayment because of the coronavirus. 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). Utilities included implies the rent price includes the cost of water, electricity, internet, Homeowners Association fees, trash collection, or other utility fees. Let us know what you think of our site or make requests for new content. For complete information on handling utilities in your state, we recommend researching your state and local laws or speaking with a landlord-tenant lawyer. Ask to set up a payment agreement. The medical certification can be renewed two additional times. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. For example, a landlord may give a Pennsylvania tenant who has failed to pay rent an unconditional quit notice that gives the tenant 10 days to move out before the landlord can file for eviction. While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital . The tenant needs to have that period of time to think through their options.. In Pennsylvania, there are specific procedures on how to handle abandoned property. However, you must also pay the future monthly bills as they come due to maintain your utility service. They include gas, electricity and water and sewer services. 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. Get Started. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. ?~.mnr ASHxfF"&-DzK&!s.lC|f\w_V18V)RZ)J0H))H{fnLP3J@)CzJ"+n0r~@$oB s)uC]q{o1Q Usually, that means a possible or impending shutoff. Termination of utility services to the mobile home. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. The Pennsylvania Landlord-Tenant Act does not allow for a separate. 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. However, we advise separating these funds. Most notably, the code requires landlords to provide tenants with a copy of the City of Philadelphia Partners for Good Housingbrochure. Ask us using the form at the bottom of this article. Landlords are required to distribute Truth in Renting to . 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.

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