Like most other contracts, it can be oral or in writing. 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 . 250.101-250.602. 68 P.S. For details, see Pennsylvania Required Landlord Disclosures. The cookies is used to store the user consent for the cookies in the category "Necessary". It is more difficult to get service turned back on after shut off. We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. Copyright Housing Equality Center of Pennsylvania 2023. In Pennsylvania, the eviction process is outlined by the Landlord and Tenant Act of 1951. qO!O5nVd W!AHf O(?Vrar(riiZ`>u"qH B qm_o 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. You still have to make payment arrangements on any undisputed utility bills. 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. 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. To do so, they must first terminate the tenancy by giving proper notice to move out. There is no required grace period. To access the U.S. Code and Code of Federal Regulations online, see Nolo's Federal Law Resources page. Landlord-tenant law in the city of Pittsburgh is the same as statewide law. There are no specified lease renewal provisions in Pennsylvania. Is a security deposit required in Pennsylvania? comply with all obligations imposed upon tenants by applicable law. Analytical cookies are used to understand how visitors interact with the website. Is a rental license required to be a landlord? In some states, the information on this website may be considered a lawyer referral service. Section403. Security Deposits in New Jersey. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. 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). If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant a total of thirty days (the first ten plus twenty more) to get the items. WearingApparel,Bibles;SchoolBooks,Sewing MachinesandMilitaryAccoutrementstobeExempt. This cookie is set by GDPR Cookie Consent plugin. the date on or after which they will turn off your utility service. 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. Get a printable renter application AND learn how to screen Pennsylvania tenants securelyfree for landlords. 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. State and Local Government on the Net and Municode are good sources for finding local governments online. <> Subleasing occurs when the original tenant rents the unit to another individual. While there arent any restrictions on charging the tenant with late fees, most landlords do charge late fees, which should be reasonable under the circumstances. The utility company must give your landlord at least 37 days notice that it will be turning off service. Compare top rated Plainfield rental lawyer profiles with awards, ratings & customer reviews. The utility company should not allow the tenant to be billed for the service until it is confirmed that the wiring has been corrected. 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. 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"). Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. 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. Is|-W0o&|?r#="4[;k Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Can security deposits be commingled with other assets in Pennsylvania? v3Q. State law also says that you can deduct payments you make on the water bill from your rent. Pennsylvania Landlord Tenant Laws. The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. If you need legal assistance, consult a private attorney or call your local Legal Aid office. In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. 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. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). 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. 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. The tenant then has 10 days from the notice date to contact the landlord. 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 . These laws also require those who operate transportation services to allow service animals. Track rental income and expenses in one place 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 Seek legal counsel as soon as possible if you do this. Help prepare lawyers for meetings and court hearings. 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 receipts required for rent or deposit payments? Charge a flat monthly fee for utilities (youll want this to be the average utility cost each month). These laws also require those who operate transportation services to allow service animals. Assist lawyers by researching . Learn. The tenant shall not destroy, deface, damage, impair, or remove any part of the structure or dwelling unit, or the facilities, equipment, or appurtenances. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. 250.101). 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. The notice should have a bill for the previous 30 days of service attached. Do landlords have to pay interest on security deposits in Pennsylvania? Please enter your city, county, or zip code. 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. This website uses cookies to improve your experience while you navigate through the website. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. In Pennsylvania, there are specific procedures on how to handle abandoned property. Finally, check USA.gov, the official U.S. website for government information. . 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. In most instances, the tenant will be responsible for handling the bills for each utility. Its also potentially risky to not have water flowing through your pipes, especially in the winter, so ensure everything works. 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. Please browse PhillyTenant.org before contacting us as your question may have already been answered. 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. Are rental agreements required in Pennsylvania? Streamline the processes of managing a rental property by leveraging Avail landlord software. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. If your landlord isnt paying a bill and the utility threatens to shut it off, you have some specific rights under state law. Specifically, the landlord is required to maintain the stairways, passages, roadways and other common facilities on the premises and further, has the duty of maintaining the premises for safe use. If your landlord makes any change to your rental agreement or tries to evict you within six months, its considered retaliation. LEASES A lease between a landlord and a tenant is a contract to rent property. 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. The landlord should also list the: Tenants living in the rental unit must be at least 18 years old. Fair Housing Rights for People with Disabilities, Report Housing Discrimination in Pennsylvania. The landlord must notify the tenant of the deductions within 30 days after the tenant has vacated the premises. If you and your utility company cannot agree, call the Public Utility Commission (PUC) at. To go further, check out Legal Research: How to Find & Understand the Law, by Stephen Elias and the Editors of Nolo (Nolo). Robert Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy unit. 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. % stream 60 days) . Copyright 2021 Tenant Union Representative Network. If the utility company turned off service without prior notice, it has broken the law. Ann. 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. 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. The attorney listings on this site are paid attorney advertising. Fair housing (housing discrimination) information is included throughout the entire handbook. The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. 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. 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. 250.101 - 250.510-B . 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 article is designed to convey information, and not for the purpose of providing legal advice. Nick Vadala is a staff writer for the Inquirer, writing about arts, travel, food and drink, and civics. 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