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. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. @` u08#T+z"w(p&]%0>JoNB96@} !7JH sBpY/>:Pbc. Reasonable time is usually interpreted as 9 a.m. to 5 p.m., Monday through Friday, holidays excluded. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. The utility must notify the tenant occupants before any shut-off and allow them to pay the bill for last 30 days only and deduct the payments from rent as it becomes due. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. Contact your local legal services for further assistance. Get Started. 5764 Route 145 , Laurys Station, PA 18059 is a single-family home listed for rent at /mo. We surveyed our landlords in Pennsylvania to find out what deposit amount they collected: When must a landlord return the deposit by in Pennsylvania? All rights reserved. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. 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. 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. In the state of Pennsylvania, a rental agreement is valid wherever a tenant agrees to exchange rent for occupying a property. | Design by LIMIT8, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 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. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. ft. home is a 1 bed, 1.0 bath property. 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. Do late fees need to be in the written rental agreement? However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. Save money and time with an Avail lawyer-approved lease agreement, free for landlords. 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. In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. 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. If necessary, call the Public Utility Commission at 1-800-692-7380. Landlord rental licenses are not required by Pennsylvania law. She is also a member of the Union County NJ Civil . However, even if you cannot pay the whole amount owed, you can take steps to keep your utility service on. Pennsylvania Accepting Applications for Homeowner Assistance Fund, Custody Proceedings - Representing Yourself, Divorce Proceedings - Representing Yourself, Get the latest news items of interest to the legal aid community and it's clients on PALegalAid.Net. Pennsylvania Security Deposit Limit and Return You may also be able to apply to have future bills issued in your name. State law also says that you can deduct payments you make on the water bill from your rent. During the first year of any lease, the landlord may only charge a security deposit less than or equal to two months rent. If the landlord breaks his obligation to keep the premises in a reasonable condition, this may relieve the tenant from his obligation to pay part or all of his rent until the landlord makes necessary repairs. 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. Further, the tenant shall not disturb the peaceful enjoyment of the premises by other tenants and neighbors. In most instances, the tenant will be responsible for handling the bills for each utility. Are receipts required for rent or deposit payments? Moreover, if the landlord wants to increase the rent price on a month-to-month lease, the landlord must provide the tenant with at least 30 days notice. 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. These laws also require those who operate transportation services to allow service animals. If the utility company turned off service without prior notice, it has broken the law. Pennsylvania landlord-tenant law is pretty landlord-friendly. : 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. 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. Lease Clauses on Utilities. 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. 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. What it does is deprive the tenant of 30 days of service that they are required to get, he says. ; 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 . %PDF-1.4 Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. Is|-W0o&|?r#="4[;k The bonding company must be authorized to do business in the state of Pennsylvania. Necessary cookies are absolutely essential for the website to function properly. It is more difficult to get service turned back on after shut off. 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. 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. Let us know what you think of our site or make requests for new content. The Landlord/Tenant Act requires your landlord to give you a written eviction notice. The tenant may stop the eviction proceedings by paying rent or proving that he or she was not in breach of the lease. Do landlords have to pay interest on security deposits in Pennsylvania? Invoice your tenants for the utility bill each month so it perfectly matches how much they use. 5 0 obj 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. Seek legal counsel as soon as possible if you do this. 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. 4. If your service has already been shut off, this will require the utility company to restore your service. Like most other contracts, it can be oral or in writing. Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet. Thats a statutory right, Ballenger says. % And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. 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 . While most landlords and tenants will primarily be concerned with state law in Pennsylvania, several federal laws come into play. For more information, please check our. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Is there a legal requirement for late fees in Pennsylvania? This cookie is set by GDPR Cookie Consent plugin. This website uses cookies to improve your experience while you navigate through the website. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.. Tenant'sExemption;Appraisement. If your rental property offers utilities your tenants will use, then you may be wondering who should cover any associated fees. For details, see Pennsylvania Required Landlord Disclosures. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. If the tenant wins, the tenant is legally entitled to stay on the premises. Standard Limit/Maximum Amount - 1.5 months' rent. This article is part of our guide to tenants rights in Philadelphia. The landlord must notify the tenant of the deductions within 30 days after the tenant has vacated the premises. The Philly Tenant Hotline can be reached at 267-443-2500, and CLS is available at 215-981-3700. The eviction notice must be personally delivered to the tenant or posted on the dwelling. 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. Candidate shall have prior experience working for an attorney/law firm as a paralegal. Section401. Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities? 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. Please browse PhillyTenant.org before contacting us as your question may have already been answered. 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. Contact the utility company and demand that the service be restored immediately. While the landlord is required to return the tenants security deposit, the landlord may withhold all or a portion of a tenants security deposit from the tenant for damage in excess of normal wear and tear, unpaid rent, or breach of lease. We receive a high volume of calls each day. The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. 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. You can also sign your own ready-to-sign lease agreements with Avail at no additional cost to either party. READ THE FULL GUIDE! 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.". This clause informs the tenant that you agree to provide access to heat and hot water. Whenever the landlord sues the tenant, the tenant has the right to defend him or herself. ExemptionofPropertyonPremisesUnderLeaseor SaleContractSubjecttoaSecurityInterest. -Ze!M5^[tfPlV>*tTD~'"Z4u? 250.101 to 399.18. 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. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. 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. And check out our tips to make your rental lease even better. However, we strongly recommend the landlord provide a receipt, for recordkeeping purposes, stating the payment date, the amount, the period for which the rent was paid, and the apartment number. If there are three units in a building, then there must be three separate meters for each of the apartments and a separate meter for the common areas. 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. 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. Tenants who have lived at the dwelling unit for less than 1 year must be served a 15 days' [2] notice to vacate. 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). 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. 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. Energy Coordinating Agency Of Philadelphia (215) 988-0929, Utility Emergency Services Fund (UESF) (215) 829-0545. And the ability to contest inaccurate water bills are off limits because your landlord does not permit you to establish a customer relationship" with the water department. Finally, check USA.gov, the official U.S. website for government information. 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. Section403. 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. What happens if your landlord doesn't pay the water bill? Landlord-Tenant Information forms and publications available from this website are intended to assist both residential landlords and tenants to understand their rights and responsibilities. First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. Tenant Laws: Utilities Utilities are basic necessary services provided to residential properties by public companies. State law regulates several rent-related issues, including how much time (10 days in Pennsylvania) a tenant has to pay overdue rent or move before a landlord can file for eviction. If you think that you could be a Victim of Crime, help is available. 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. Ask to speak to the supervisor and write down the name of the person you speak with. 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. Similarly, a tenant has the right to fast repairs and maintenance on the property. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. Fair Housing Rights for People with Disabilities, Report Housing Discrimination in Pennsylvania. To go further, check out Legal Research: How to Find & Understand the Law, by Stephen Elias and the Editors of Nolo (Nolo). 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. 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. In Pennsylvania, tenants are allowed to withhold rent when a Government agency or department certifies that the premises are uninhabitable. 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. You may be required to provide a copy of the PFA to the utility company. Specifically, the landlord may only charge a tenant the equivalent of two months rent for the security deposit for the first year of renting and the equivalent of one months rent during all subsequent years of renting. This cookie is set by GDPR Cookie Consent plugin. Also, the Cornell Legal Information Institute provides the entire U.S. Code as well as the Code of Federal Regulations. 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. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. The landlord is required to return either part or all of the security deposit to the tenant. Assist lawyers by researching . 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. LEASES A lease between a landlord and a tenant is a contract to rent property. Whether a lease is written or verbal, both parties must agree on which party is responsible for paying the utility bills. Find Blair County Pennsylvania Landlord & Tenant attorneys near you. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. There is no legal requirement for late fees. 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. wa\`*t -+^9L^/w nXEI3un c-sw-b\D7NWt+o/Xc=gv 9 Sii!f2M~^jeH There is no required grace period. 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). Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. 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. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. % Is there a specific interest rate required? Nick Vadala is a staff writer for the Inquirer, writing about arts, travel, food and drink, and civics. Alternatively, a landlord may also be able to post the tenant's deposit as a bond. In Pennsylvania, a landlord can evict a tenant without a lease or with a lease that has ended (known as a "holdover tenant" or "tenant at will"). We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. 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. What are the Pennsylvania laws on eviction? In a survey of our Pennsylvania landlords, 87% had a written rental agreement. Generally, Pennsylvania landlord-tenant law is landlord friendly. 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. A property to fast repairs and maintenance on the information in this pamphlet at the time it was or! 9 Sii! f2M~^jeH There is no required grace period the your local legal aid Network deposits over 100. 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