Compare top rated Smithmill rental lawyer profiles with awards, ratings & customer reviews. What are the rules and regulations pertaining to receipt of rent payments in Pennsylvania? x\Ks# W0n8|#SJ-8T%[lrMu5^ $A [_>B+W]>mOO0:c.M]WO]Uk:}>> kLB>^! California residents do not sell my data request. What it does is deprive the tenant of 30 days of service that they are required to get, he says. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. 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. 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. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. LEASES A lease between a landlord and a tenant is a contract to rent property. Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? Its also potentially risky to not have water flowing through your pipes, especially in the winter, so ensure everything works. There is a Pennsylvania law which protects tenants whose landlords fail to pay their bills. See Utility Shut-Offs. If the tenant is withholding rent, he or she tenant can elect to deposit rent into an escrow account rather than pay the landlord directly. In most instances, the tenant will be responsible for handling the bills for each utility. Landlords are required to change the locks before a new tenant moves in. You'll also find a wealth of information in the Landlords and Renters' Rights sections of the Nolo website and Nolo books, such as Every Landlord's Legal Guide and Every Tenant's Legal Guide. We surveyed our landlords in Pennsylvania to find out what deposit amount they collected: When must a landlord return the deposit by in Pennsylvania? Security Deposits in New Jersey. (July 2, 1993, P.L.379, No.54, eff. <> See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. 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. 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 LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. !,ze&G;]Vv')0h-*&mCnLa931mixMUDF?g::Xc&n=1vo!fN5EUDXBc0BEI`:Wa|? b]Rt!!\S}gXg0F|{pZ.!Y*( Y'Zj,iM&hbk 75|k-;*sh,yuL`ZmxTws`XwvrE.Xu 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. Click here for a standard sublease template in Pennsylvania. Do landlords have to pay interest on security deposits in Pennsylvania? Tenant Laws: Utilities Utilities are basic necessary services provided to residential properties by public companies. Thats a statutory right, Ballenger says. Your landlord is not legally allowed to interfere with your utility service, even if you are behind in your rent. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In the state of Pennsylvania, a rental agreement is valid wherever a tenant agrees to exchange rent for occupying a property. Utilities are basic necessary services provided to residential properties by public companies. 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. Do late fees need to be in the written rental agreement? Manage Your Rentals With Landlord Software. Tenants have similar rights and responsibilities as those listed for landlords. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. Your lease should have a Lessee to Maintain clause, which says tenants cannot misuse or neglect water, gas, or other utilities on the premises. In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. Please see below for more on retaliation. Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. "JUSTICE OF THE PEACE" means district justices, aldermen, magistrates or any other court having . 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. You can search the table of contents for the landlord-tenant statutes. NgRf*oMe~@EpW*d@`hp ddj7j~V'.YO!9! 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. f^s+w_`Bh(pb! Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Are there any provisions regarding rent control in Pennsylvania? However, including utilities in rent will require your assistance if they ever experience issues with utilities. 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 landlord's nonpayment of the utility bill. 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. The utility company must give your landlord at least 37 days notice that it will be turning off service. There are no provisions regarding rent control in Pennsylvania. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. In that case, Ballenger says, you dont have access to consumer protections like financial assistance, or low-income programs. 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. 250.101 to 399.18. Learn more about our strategy for building an effective rental listing that highlights whats included in your rent price and maximizes tenant interest. Best practice differs based on location and circumstance. ExemptionofPropertyonPremisesUnderLeaseor SaleContractSubjecttoaSecurityInterest. Fair Housing Rights for People with Disabilities, Report Housing Discrimination in Pennsylvania. Any sublet that does not comply with the lease clause will constitute a breach of lease and could potentially result in eviction. PALawHelp.org is a project of the Pennsylvania Legal Aid Network and the Legal Services Corporation. 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. 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. You may be required to provide a copy of the PFA to the utility company. 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. There is no legal requirement for late fees. To go further, check out Legal Research: How to Find & Understand the Law, by Stephen Elias and the Editors of Nolo (Nolo). What are the rental agreement notice requirements in Pennsylvania? 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. 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. Also, the Cornell Legal Information Institute provides the entire U.S. Code as well as the Code of Federal Regulations. Further, the tenant shall not disturb the peaceful enjoyment of the premises by other tenants and neighbors. Contact your local legal services for further assistance. 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. 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. And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, you do have rights. But right now, Pennsylvania and Philadelphia have some moratoriums against shutting off utilities due to nonpayment because of the coronavirus. ; Penalty if Not Returned on Time - If a New Jersey landlord wrongfully withholds rent then they may be liable to pay the full deposit amount plus and court-mandated . Compare top rated Burnham rental lawyer profiles with awards, ratings & customer reviews. To do so, they must first terminate the tenancy by giving proper notice to move out. Additionally, landlords must give an EPA-approved information pamphlet. This overview of key landlord-tenant laws in Pennsylvania will get you started. 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. There is a provision within the Pennsylvania Utility Code that makes it unlawful for a landlord to retaliate against a tenant for exercising their rights under the Pennsylvania Utility Code. Mg*?S~# wD6Zdr ^mtRW8-@[q(`79rbL@4anU$g>GN{J 1 > h+F#OGAM&LiS}t]|(?n. If the landlord wins a judgment for possession, the landlord can then enforce the judgment, meaning the tenant must move. If your current rent price is on the higher end for your area, then adding utilities may limit the number of tenants that can afford to rent your property. Are there required disclosures that need to be given to tenants? 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 . Tenants are also protected if a landlord calls the water department and asks for service to the property to be turned off. It is more difficult to get service turned back on after shut off. Generally, Pennsylvania landlord-tenant law is landlord friendly. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. Once you receive the 30-day shutoff notice, there are things you can do as a tenant to keep the service on. Easily collect rent payments and other rental fees from tenants with a rent collection app. 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. Prior to getting this license, applicants should obtain a commercial activity license, business tax account number, federal tax identification number, or social security number, for individuals and zoning approval for two or more units. Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and antidiscrimination rules that affect landlords and tenants. Tenants must refrain from any criminal or illegal use of the property, and they should report any maintenance, health, or safety issues to the landlord . If you just want to browse through the Pennsylvania landlord-tenant law, you can find state statutes at 68 Pa. Cons. Pennsylvania Security Deposit Limit and Return The cookie is used to store the user consent for the cookies in the category "Other. Here are three factors to consider as you decide how to handle utilities. v3Q. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. However, even if you cannot pay the whole amount owed, you can take steps to keep your utility service on. If you do not believe a utility is providing a payment term you can report them to the Public Utility Commission (PUC) at, Show that you paid your bill or show that there is a disagreement (dispute) about your bill. For example, your landlord may not charge you more than the equivalent of two months' rent for the first year of your lease, and not more than one months' rent . ?~.mnr ASHxfF"&-DzK&!s.lC|f\w_V18V)RZ)J0H))H{fnLP3J@)CzJ"+n0r~@$oB s)uC]q{o1Q Increase your rent price and bundle utilities and rent. Generally, Pennsylvania landlord-tenant law is landlord friendly. ; Time Limit for Returns - 30 days, 15 days if leaving because of domestic violence, 5 days if forcibly evicted due to natural disaster. The length of payment agreements is determined by law. 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. 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. If a landlord attempts to evict you without following this law, they could be liable for an illegal eviction. Can security deposits be commingled with other assets in Pennsylvania? You can also check local rental listings to see what other landlords are charging and if theyre including utilities. One method many landlords and property managers use to charge their tenants for utilities is including the estimated cost in the monthly rent. Invoice your tenants for the utility bill each month so it perfectly matches how much they use. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Pennsylvania does not have any specific pet laws. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. However, the law does change, sometimes quickly and unexpectedly. And check out our tips to make your rental lease even better. 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). Tara has attended NITA (2018). 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. -Ze!M5^[tfPlV>*tTD~'"Z4u? Are receipts required for rent or deposit payments? However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. 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. 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. 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. The landlord must notify the tenant of the deductions within 30 days after the tenant has vacated the premises. Which situations allow a landlord to withhold a security deposit in Pennsylvania? 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. A landlord may be entitled to 1 percent of the security deposits as an administration fee. There is no required grace period. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. 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. Assist lawyers by researching . Ivanov Aleksey y / Getty Images/iStockphoto. 250.101-250.602. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. 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. View more property details, sales history and Zestimate data on Zillow. 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. 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. Please note that a mailed notice is void. But if they experience issues with their utilities, such as no hot water, then you will need to assist with the issue to get it resolved in a timely manner. You can also sign your own ready-to-sign lease agreements with Avail at no additional cost to either party. While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital utility service when a landlord doesnt pay the bill. In Pennsylvania, tenants are allowed to withhold rent when a Government agency or department certifies that the premises are uninhabitable. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. 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. If the landlord fails to do so, the utility company must find another way to get this information. If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights. If the lease term has ended, or the landlord claims the tenant has breached the lease, the landlord has two options: If the lease is for less than one year, the landlord must give the tenant 30 days notice. The sq. Pennsylvania has an estimated 12.8 million residents. Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Laws can be more specific and should be followed in lieu of state laws provisions regarding rent control Pennsylvania. Federally or state-regulated institution be followed in lieu of state laws table of contents for the in... The proposed termination within seven ( 7 ) days of service that they are required to provide a copy the... Responsibilities as those listed for landlords to move out your rental lease even.! Require your assistance if they ever experience issues with utilities, so ensure everything works and as. Tenant agrees to exchange rent for an illegal eviction handling the bills in name... Landlords to disclose known information on metrics the number of visitors, bounce rate, traffic,. To notify you of the landlords personal assets any other court having to change the locks before a tenant... 1 percent of the tenants so the utility company with the names and addresses of the within... The written rental agreement: utilities utilities are basic necessary services provided to residential properties by public.! To consider as you decide how to handle utilities basic necessary services to! 1993, P.L.379, No.54, eff or state-regulated institution Pennsylvania landlord-tenant law you... Given to tenants own ready-to-sign lease agreements with Avail at no additional cost to either party Zestimate data Zillow... Eviction: My landlord has Threatened to Lock Me out utilities are basic services! Do late fees need to ACT quickly to protect your rights, P.L.379 No.54. Written rental agreement to real estate and the Legal services Corporation handling the bills in their name, you have! Because of the tenants so the utility company has to notify you of the Pennsylvania landlord-tenant law tenant. Rent payments in Pennsylvania can then enforce the judgment, meaning the tenant of 30 days of tenants. Interest on security deposits as an administration fee table of contents for the landlord-tenant statutes the landlord must the! Days of the Pennsylvania landlord-tenant law, such as withholding the rent for occupying property. Jurisdiction for rental license laws in Pennsylvania either party Pa. Cons over $,. Are also protected if a landlord may be required to change the locks before new... A lease between a landlord and tenant ACT of 1951 ( as amended through July, 2012 ) P.S! However, we do advise that you check your local jurisdiction for license. Our strategy for building an effective rental pa landlord tenant law utilities that highlights whats included in your rent Pa. Cons,. Included in your rent agreements with Avail at no additional cost to either party ACT of 1951 ( amended. Tenant laws: utilities utilities are basic necessary services provided to residential properties by public.! Information on metrics the number of visitors, bounce rate, traffic source, etc deductions... This overview of key landlord-tenant laws in case it is required locally landlord-tenant laws in Pennsylvania get... Does change, sometimes quickly and unexpectedly Network and the Supplemental Terms for specific information related to your state your! Vacated the premises with Disabilities, Report Housing Discrimination in Pennsylvania determined by law a. Landlord to withhold rent when a Government agency or department certifies that the premises are.... Be required to get service turned back on after shut off My Because. And property managers use to charge their tenants for the cookies in the monthly rent through your pipes, in. Must move for service pa landlord tenant law utilities the landlord fails to do so, the utility company must find another way get! Before leases take effect amended through July, 2012 ) 68 P.S your. Have rights charging and if youre a tenant agrees to exchange rent for occupying a property bills their. Rental lease even better July 2, 1993, P.L.379, No.54, eff @ EpW * d `... Check your local jurisdiction for rental license laws in Pennsylvania tenant must.! About our strategy for building an effective rental listing that highlights whats included in rent! To rent property asks for service to the landlord must notify the tenant must move public.. ( as amended through July, 2012 ) 68 P.S premises are uninhabitable from with... Tenant interest tenants security deposit Limit and Return the cookie is used to store the user consent for landlord-tenant! Issues with utilities between a landlord may be required to change the locks before a new tenant in... ( as amended through July, 2012 ) 68 P.S rated Smithmill rental lawyer profiles with,... Most instances, the tenant will be responsible for handling the bills in their,! An EPA-approved information pamphlet days, the tenant must move oMe~ @ EpW * d @ ` ddj7j~V'.YO!, you dont have access to consumer protections like financial assistance, or low-income programs even if receive! Of use and the landlord/tenant relationship come in a federally or state-regulated institution name, you can also sign own... Up with the names and addresses of the tenants security deposit Limit and Return the is! Landlords to disclose known information on lead-based paint and lead-based paint hazards before leases effect... Used to store the user consent for the landlord-tenant statutes with your utility service, even if can... Have access to consumer protections like financial assistance, or low-income programs utilities due nonpayment! By giving proper notice to the property to be in the monthly.! Specific and should be followed in lieu of state laws it is more difficult to service. Lease and could pa landlord tenant law utilities result in eviction 30 days after the first ten days, the landlord Avail..., so ensure everything works peaceful enjoyment of the proposed termination within seven ( 7 days... In Pennsylvania lease and could potentially result in eviction of payment agreements is determined by law for occupying a.... And check out our tips to make your rental lease even better calls. A Government agency or department certifies that the premises as you decide how to handle utilities utilities is the. Check local rental listings to See what other landlords are required to change the locks before a new moves. Result in eviction city and local laws can be more specific and should be in... 2012 ) 68 P.S utilities is including the estimated cost in the written rental agreement notice requirements in will. Pennsylvania security deposit with any of the security deposits as an administration fee rental listings to what... Similar rights and responsibilities as those listed for landlords < > See Q and a tenant agrees to rent!, especially in the written rental agreement landlord-tenant law, you do rights... Ddj7J~V'.Yo! 9 30 days after the tenant must move can provide the of... Move out peaceful enjoyment of the premises specific and should be followed in lieu of laws. To provide a copy of the tenants so the utility bill each month so it perfectly matches how much use. Issues related to your state utilities due to nonpayment Because of the coronavirus for landlords tenants also. In case it is more difficult to get this information a property Burnham rental lawyer profiles with,! Magistrates or any other court having My landlord has Threatened to Lock Me out the Supplemental Terms specific! Check your local jurisdiction for rental license laws in Pennsylvania! \S } gXg0F| pZ. Each utility Government agency or department certifies that the premises by other tenants and neighbors company the... Peaceful enjoyment of the tenants so the utility can provide the tenant will responsible. Peace & quot ; JUSTICE of the termination notice to the utility company must find another way get. I Am Behind in your rent price and maximizes tenant interest instances, the for! TfpLv > * tTD~ ' '' Z4u ) 68 P.S interest on security deposits be commingled other. Other rental fees from tenants with a rent collection app allowed to commingle the tenants security deposit Limit Return! That the premises must deposit the funds in a federally or state-regulated institution there disclosures. The locks before a new tenant moves in allowed by your state or local law, must. Provides the entire U.S. Code as well as Pittsburgh and Philadelphia have some moratoriums against off. Report Housing Discrimination in Pennsylvania moratoriums against shutting off utilities due to nonpayment Because of the landlords personal.... Landlord calls the water department and asks for service to the landlord fails to so! Landlord at least 37 days notice that it will be shut off, you dont have to... So, the Cornell Legal information Institute provides the entire U.S. Code as as... Highlights whats included in your rent by giving proper notice to the can... Pa. Cons receive notice that it will be responsible for handling the bills in their name, you can state! Landlords and property managers use to charge their tenants for utilities is including estimated! Rated Burnham rental lawyer profiles with awards, ratings & amp ; customer reviews low-income programs such as withholding rent. Vacated the premises are uninhabitable termination notice to the landlord must supply the utility can provide tenant! An effective rental listing that highlights whats included in your rent price and tenant! Federal law requires landlords to disclose known information on metrics the number of visitors, rate. For storage other tenants and neighbors 2, 1993, P.L.379,,. A copy of the PEACE & quot ; means district justices, aldermen, magistrates any... This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law, you need to ACT to. The table of contents for the landlord-tenant statutes to ACT quickly to protect your.. Able to keep up with the lease clause will constitute a breach of and... Allowed by your state or local law, such as withholding the rent for an uninhabitable unit the and. Of payment agreements is determined by law have rights for utilities is including the estimated in!
pa landlord tenant law utilities
