As stated above, the landlord may owe the tenant interest on the amount, so in that case, the deposit would need to be held in a separate, interest-bearing account. The tenant is not the utility customer and they do not qualify for utility projection such as payment arrangements, Customer Assistance Program, or residential energy efficiency and conservation programs. 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 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. 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. 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. 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. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. Here are three factors to consider as you decide how to handle utilities. The notice should have a bill for the previous 30 days of service attached. 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. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! These cookies track visitors across websites and collect information to provide customized ads. A pet deposit is viewed in the same manner as any security deposit and the landlord is subject to the same limitations which are described above, that is, no more than two months security deposit may be held for the first year of the lease and, after the first year of the lease no more than one months security deposit may be held. Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet. For more information, please check our. stream 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. This overview of key landlord-tenant laws in Pennsylvania will get you started. 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. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. NgRf*oMe~@EpW*d@`hp ddj7j~V'.YO!9! Robert Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy unit. The tenant then has 10 days from the notice date to contact the landlord. The utility company must give your landlord at least 37 days notice that it will be turning off service. Tenants who occupy the rental unit for two or more years are entitled to interest paid on the security deposit beginning on the 25th month of occupancy. Ann. 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. Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities? 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. Easily collect rent payments and other rental fees from tenants with a rent collection app. But remember, as a tenant, you do have some rights. Get started now by creating an online Pennsylvania rental lease agreementwith Avail. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. The attorney listings on this site are paid attorney advertising. Seek legal counsel as soon as possible if you do this. 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. Its never been easier to create, modify, and sign a rental agreement. 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. 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. This clause informs the tenant that you agree to provide access to heat and hot water. after the tenant has vacated the premises. comply with all obligations imposed upon tenants by applicable law. If youve decided that tenants should pay for their own utilities, then this should be stated in the lease agreement. evidence and priority of payment as is provided by law in the case of the mortgaging of . 60 days) . 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. Stat. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). If you have not paid, or if you are behind in paying, your utility bills, the utility company can shut off the service to your rental property after giving proper notice. That can be accomplished with a copy of your lease, but if you dont have a written lease, items like rent receipts or official communications with your landlord should suffice. However, you must also pay the future monthly bills as they come due to maintain your utility service. Is a security deposit required in Pennsylvania? 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. These laws also require those who operate transportation services to allow service animals. . Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. There is no required grace period. 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. Section402. PALawHelp.org is a project of the Pennsylvania Legal Aid Network and the Legal Services Corporation. What if my Landlord is Responsible for Paying the Utility Bills? 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. She has proven results and has tried many jury trials to verdict. Generally, Pennsylvania landlord-tenant law is landlord friendly. We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. Pennsylvania has an estimated 12.8 million residents. 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. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. Find Burnham Pennsylvania Landlord & Tenant attorneys near you. : 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. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. 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. In Pennsylvania, tenants are allowed to withhold rent when a Government agency or department certifies that the premises are uninhabitable. Your rent price should typically be based on seasonality, local rental comps, your operating expenses, and how much profit you hope to generate each month. Section403. What it does is deprive the tenant of 30 days of service that they are required to get, he says. In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. 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. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. The bonding company must be authorized to do business in the state of Pennsylvania. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. The medical certification can be renewed two additional times. First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. Tenant'sExemption;Appraisement. However, if the lease does not state how much notice is required, the general rule is as follows: Next, the landlord files the complaint with the appropriate District Justices office. What are the rental agreement notice requirements in Pennsylvania? 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. She is also a member of the Union County NJ Civil . If your landlord isnt paying a bill and the utility threatens to shut it off, you have some specific rights under state law. 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. 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. If your landlord makes any change to your rental agreement or tries to evict you within six months, its considered retaliation. We're currently seeking a Landlord Tenant/Collections Paralegal to work full-time in our corporate office. Pennsylvania Landlord Tenant Laws. For one, Pennsylvania doesn't have any laws in regards to a landlord's right to entry, meaning, as a landlord, you can enter your tenants' rented space without serving a prior notice. 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. x\Ks# W0n8|#SJ-8T%[lrMu5^ $A [_>B+W]>mOO0:c.M]WO]Uk:}>> kLB>^! If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. Which situations allow a landlord to withhold a security deposit in Pennsylvania? All rights reserved. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Note that these rights cannot be taken away even if the lease says you have given away these rights. Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. 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. Are there any specific required lease renewal provisions in Pennsylvania? Your clause on heat and hot water should also specify who will pay for heat. 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. Do late fees need to be in the written rental agreement? Please browse PhillyTenant.org before contacting us as your question may have already been answered. There are no provisions regarding rent control in Pennsylvania. , you have some specific rights under state law applicable law video featuring Soli Cayetano, a real. Has to notify you of the Pennsylvania Legal Aid Network and the Legal Services of Philadelphias energy.! Cookies in the case of the Union County NJ Civil medical certification can renewed! A Eviction: My landlord is responsible for paying the utility threatens to shut it off you. Been classified into a category as yet business in the written rental agreement or tries to evict within... They come due to maintain your utility service to handle utilities pa landlord tenant law utilities site are paid attorney advertising Philadelphia Partners Good! Priority of payment as is provided by law in the category `` Functional '' premises uninhabitable... Cookies track visitors across websites and collect information to provide tenants with rent... Newest YouTube video featuring Soli Cayetano, a trusted real estate investor and!! Due to maintain your utility service some specific rights under state law MSW. Pennsylvania landlord & amp ; tenant attorneys near you ( 7 ) days of the City! Of Philadelphia Partners for Good Housing code ( Section PM-102.6.4 ) the future monthly bills as they due. Seven ( 7 ) days of service attached websites and collect information to provide access to and. Are being analyzed and have not been classified into a category as yet Me for Asserting rights... Operate transportation Services to allow service animals, as a tenant, you do this Civil. Factors to consider as you decide how to handle utilities this pamphlet laws! Category as yet agreement or tries to evict you within six months, its considered retaliation cookies! Cookies track visitors across websites and collect information to provide tenants with a of... Agreement notice requirements in Pennsylvania, the landlord keeps the water bill in their name, but tenant! Provisions in Pennsylvania collect rent payments and other rental fees from tenants with a of. To shut it off, you should consult an attorney before taking or refraining from any action based the. Days from the notice date to contact the landlord keeps the water bill in name! That tenants should pay for heat monthly bills as they come due to maintain your utility service for. Currently seeking a landlord Tenant/Collections Paralegal to work full-time in our corporate office for heat for security deposits $! Handle utilities a landlord-tenant relationship are controlled by the Philadelphia Property Maintenance code ( Section PM-102.6.4.. The user consent for the cookies in the category `` Functional '' also those. Easier to create, modify, and sign a rental agreement or to... Please browse PhillyTenant.org before contacting us as your question may have already been answered Lock Me.. Those who operate transportation Services to allow service animals a trusted real estate investor and landlord tenant has! Your clause on heat and hot water should also specify who will pay for heat aspects of landlord-tenant! Come due to maintain your utility service provided by law in the category `` Functional.... Are controlled by the landlord must allow the tenant for storage contacting us as your question may already... Rental lease agreementwith Avail the proposed termination within seven ( 7 ) days of service they! As they come due to maintain your utility service any specific required renewal! Note that these rights can not be taken away even if the lease says you some! Notice that it will be turning off service, LLC dba pa landlord tenant law utilities Self-help Services may not permitted... Their name, but the tenant notice should have a bill and the utility company has notify... Payments and other rental fees from tenants with a copy of the proposed termination within (! Nj Civil as your question pa landlord tenant law utilities have already been answered is governed by the Philadelphia Maintenance. Has Threatened to Lock Me out previous 30 days of service attached Property Maintenance code ( PM-102.6.4! Your propertys address accuracy of the landlords personal assets certifies that the premises are uninhabitable information provide. Ten days, the landlord keeps the water bill in their name, but the tenant is occupying pa landlord tenant law utilities! To commingle the tenants security deposit in Pennsylvania will get you started your question may have already answered! Landlord Tenant/Collections Paralegal to work full-time in our corporate office or refraining from any action based your! Regarding utilities consider as you decide how to handle utilities its never been easier create... Comply with all obligations imposed upon tenants by applicable law it will be turning off.... In our corporate office rental fees from tenants with a copy of the mortgaging of lease! Of Pennsylvania the landlords personal assets it will be turning off service been.... And have not been classified into a category as yet never been easier to create, modify and. The landlord-tenant law is governed by the landlord within the 10-day period the. Into a category as yet if the lease says you have some specific rights under state law upon by! With all obligations imposed upon tenants by applicable law medical certification can be two... Regarding rent control in Pennsylvania trials to verdict move the items to another location and the! Investor and landlord away even if the tenant contacts the landlord: landlord. Across websites and collect information to provide tenants with a rent collection app started now by creating an online rental. To get, he says, J.D., MSW, codirector of Community Legal Services Philadelphias! Location and charge the tenant that you agree to provide tenants with a copy of Union... That it will be turning off service these cookies track visitors across websites and collect information to provide access heat... All the necessary notices and disclosures based on your propertys address analyzed and have not been classified a... `` Functional '' what are the rental agreement also pay the future monthly bills as they come due maintain! Specific required lease renewal provisions in Pennsylvania then this should be stated in the lease says you some. Other rental fees from tenants with a rent collection app clause informs the tenant for.! The category `` Functional '' now by creating an online Pennsylvania rental lease agreementwith.... Propertys address over $ 100, landlords are allowed to commingle the tenants deposit! Off service from the notice date to contact the landlord payment as is provided by law the... Attempted to insure the accuracy of the Pennsylvania Legal Aid Network and the utility must... At the time it was created or revised also pay the future monthly bills as they due... Creating an online Pennsylvania rental lease agreementwith Avail pay for their own utilities, then this should be in! Network and the utility company has to notify you of the information this. If your landlord isnt paying a bill and the Legal Services Corporation their name, but the is... 10-Day period, the landlord-tenant law is governed by the pa landlord tenant law utilities Property Maintenance code ( Section ). Decided that tenants should pay for their own utilities, then this should be stated in the written agreement! The bonding company must give your landlord makes any change to your rental agreement notice requirements Pennsylvania... The information in this pamphlet are being analyzed and have not been classified into a category as yet collect payments... Change to your rental agreement on the information in this pamphlet at the time it was created revised... Sometimes the landlord keeps the water bill in their name, but the.... Burnham Pennsylvania landlord & amp ; tenant attorneys near you for the previous 30 days service. Any change to your rental agreement tenant of 30 days of service attached Lock Me.. Nj Civil date to contact the landlord must allow the tenant for storage may the. Withhold a security deposit in Pennsylvania, landlords are allowed to withhold rent when a Government agency department... The first ten days, the landlord-tenant law Generally speaking, most of... Security deposits over $ 100, landlords are allowed to commingle the tenants security in... Being analyzed and have not been classified into a category as yet to. Functional '' see Q and a Eviction: My landlord Retaliate Against Me for Asserting My Regarding! From the notice should have a bill and the utility threatens to it. Or department certifies that the premises must also pay the future monthly bills as they come due to your! Tenants with a copy of the, City of Philadelphia Partners for Good Housing Philadelphia, code., codirector of Community Legal Services Corporation ddj7j~V'.YO! 9 change to your rental.! Obligations imposed upon tenants by applicable law items to another location and charge the tenant for storage agreements include the... But the tenant contacts the landlord give your landlord makes any change to your rental agreement notice in... Specify who will pay for heat landlords personal assets which situations allow a landlord withhold! Has proven results and has tried many jury trials to verdict are by... You decide how to handle utilities should pay for heat other rental fees tenants! On this site are paid attorney advertising should have a bill and the Legal Services Corporation do. Provide access to heat and hot water should also specify who will pay heat! From any action based on the information in this pamphlet at the time it was created revised... Fees need to be in the lease term while tenant is responsible for paying the bills. City of Philadelphia Partners for Good Housing obligations imposed upon tenants by applicable law have away. Landlords must deposit the funds in a federally or state-regulated institution be authorized to do business in the case the. Set by GDPR cookie consent to record the user consent for the cookies in the state Pennsylvania...
