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). Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities? Learn. If you find that other landlords are not, then including them for your rental may help your rental listing stand out in a competitive market. LANDLORD-TENANT LAW Generally speaking, most aspects of a landlord-tenant relationship are controlled by the Landlord and Tenant Act of 1951 (68 P.S. Specifically, state law fails to explicitly mention a landlords duties and tenants rights pertaining to circumstances where the tenant has been a victim of a sexual crime or domestic violence. 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. Pennsylvania Security Deposit Limit and Return For details, see Pennsylvania Required Landlord Disclosures. 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. The state statutes provide definitions of terms related to landlord tenant laws (also known as PA rental laws), the rights and responsibilities of landlords and tenants as well as violations and remedies under Pennsylvania Landlord Tenant Law. If you need legal assistance, consult a private attorney or call your local Legal Aid office. The premises must meet minimum standards of habitability including compliance with applicable building codes. In some states, the information on this website may be considered a lawyer referral service. 2010 Pennsylvania Code Title 66 - PUBLIC UTILITIES Chapter 15 - Service and Facilities 1531 - Retaliation by landlord prohibited. 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. The landlord is required to return either part or all of the security deposit to the tenant. Is|-W0o&|?r#="4[;k Code, Public Utilities 7-303 And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, you do have rights. If you dispute your bill or disagree with the meter readings, you must notify the utility company and tell them that you dispute the bill. The landlord must notify the tenant of the deductions within 30 days after the tenant has vacated 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. Deciding who pays for utilities during the lease term can be stressful, but certain factors can help you make a decision. Do landlords have to pay interest on security deposits in Pennsylvania? See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Pennsylvania. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. | Design by LIMIT8, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Typical duties of the landlord. For example, if theyre having issues with their internet connection, then you will need to help them troubleshoot the issue. Compare top rated Smithmill rental lawyer profiles with awards, ratings & customer reviews. What happens if your landlord doesn't pay the water bill? For more information, please check our. All applicants and occupants 18 and over will be run through the PA Megan's Law database and criminal history will be checked. Further, the tenant shall not disturb the peaceful enjoyment of the premises by other tenants and neighbors. Are tenants allowed to withhold rent under the laws of Pennsylvania? Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. See Filing a Security Deposit Lawsuit in Pennsylvania Justice Court for advice for tenants filing suit. 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. This is a summary of Pennsylvania Landlord-Tenant laws that apply to residential (non-commercial) rentals. 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. Standard Limit/Maximum Amount - 1.5 months' rent. 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. The landlord is required to return either part or all of the security deposit to the tenant 30 days after the tenant has vacated the premises. View more property details, sales history and Zestimate data on Zillow. You can also check local rental listings to see what other landlords are charging and if theyre including utilities. Create Free Lawyer-Approved Lease Agreements. 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. For details, see Pennsylvania Required Landlord Disclosures. You may be required to provide a copy of the PFA to the utility company. California residents do not sell my data request. Once the complaint has been filed, the hearing occurs, in which both the landlord and tenant present their cases. Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet. 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 you pay this amount directly to the utility company, they cannot stop service to your home. 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 . Are there required disclosures that need to be given to tenants? <> We also use third-party cookies that help us analyze and understand how you use this website. The eviction notice must be personally delivered to the tenant or posted on the dwelling. Whether a lease is written or verbal, both parties must agree on which party is responsible for paying the utility bills. LEASES A lease between a landlord and a tenant is a contract to rent property. In Pennsylvania, tenants are allowed to withhold rent when a Government agency or department certifies that the premises are uninhabitable. 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.". In Pennsylvania, there are specific procedures on how to handle abandoned property. Whether the landlord is required to pay the tenant interest on a security deposit depends. x\Ks#
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kLB>^! 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. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Additionally, the lead paint and disclosure certification law requires landlords to ensure that any property where children 6 years and younger reside is free of lead. State and Local Government on the Net and Municode are good sources for finding local governments online. THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. You can also sign your own ready-to-sign lease agreements with Avail at no additional cost to either party. 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). Mg*?S~# wD6Zdr
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1 > h+F#OGAM&LiS}t]|(?n. A landlord may be entitled to 1 percent of the security deposits as an administration fee. Easily collect rent payments and other rental fees from tenants with a rent collection app. 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. Finally, if the landlord does not return the tenants security deposit within the 30 days, the landlord may be liable to pay the tenant double the amount of the deposit they are owed. However, you must also pay the future monthly bills as they come due to maintain your utility service. 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. 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. 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. If you market your rental property as utilities included, its important to explicitly state which utilities the tenants are responsible for paying in the rental listing and lease agreement. Your landlord is not legally allowed to interfere with your utility service, even if you are behind in your rent. <> But right now, Pennsylvania and Philadelphia have some moratoriums against shutting off utilities due to nonpayment because of the coronavirus. Any landlord, agent or employee of the landlord who threatens or retaliates against a tenant can be liable for damages equal to two months rent or the actual damages sustained by the tenant, whichever is greater, and the costs of suit and reasonable attorneys fees. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. Are receipts required for rent or deposit payments? That can cause issues for some tenants especially if you are low-income. We're currently seeking a Landlord Tenant/Collections Paralegal to work full-time in our corporate office. Compare top rated Plainfield rental lawyer profiles with awards, ratings & customer reviews. Are there specific security deposit requirements? Charge a flat monthly fee for utilities (youll want this to be the average utility cost each month). The tenant then has 10 days from the notice date to contact the landlord. It consists of 50 separate numbered titles, each covering a specific subject matter. Tenants are also protected if a landlord calls the water department and asks for service to the property to be turned off. 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. 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 . The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. This cookie is set by GDPR Cookie Consent plugin. Termination of utility services to the mobile home. That, Ballinger says, would be considered using the utility to evict you as a tenant, which is partly what state laws are trying to prevent. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. 68 P.S. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. Streamline Rent Collection for Your Rental Tenants are protected through the Public Utility Code for the resale, but other protections may be under the landlord/tenant law. 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! In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. ?~.mnr ASHxfF"&-DzK&!s.lC|f\w_V18V)RZ)J0H))H{fnLP3J@)CzJ"+n0r~@$oB s)uC]q{o1Q Landlord-tenant law in Philadelphia is essentially the same as Pennsylvania state law, with a few minor exceptions: Housing rental licenses are required for any type of housing rental in Philadelphia. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. 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. 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. 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. 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