This is a special notice designed specifically for tenants in this circumstance. Ask us using the form at the bottom of this article. California residents do not sell my data request. 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. However, there are also rentals that do require tenants to cover the cost of common utilities. There is no legal requirement for late fees. 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"). 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. According to Pennsylvania law (Pennsylvania Landlord and Tenant Act), tenants have certain rights, such as the right to enjoy the property without undue disturbance and the right to a safe and livable space. 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. Thats a statutory right, Ballenger says. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. 5 0 obj See mold pamphlet here. In most instances, the tenant will be responsible for handling the bills for each utility. 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. 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. Storage Requirements for Security Deposits in Pennsylvania. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. 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. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! Necessary cookies are absolutely essential for the website to function properly. 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. 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 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. 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. In addition to state and federal laws protecting you against discrimination based on characteristics like race, religion, or national origin, Pennsylvania has strict guidelines for handling security deposits. Once the utilities have been shut off, the situation may become more complicated. Mold Disclosure: Pennsylvania home sellers must, by law, advise potential buyers of the property about known material defects that are not readily observable, including structural and other problems, before the sale is completed, including, but not limited to mold. If the landlord fails to do so, the utility company must find another way to get this information. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. 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. The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. But changing the name may be complicated, depending on the situation, and your landlord could fight the change, Ballenger says. Find Plainfield New Jersey Landlord & Tenant attorneys near you. 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. This cookie is set by GDPR Cookie Consent plugin. Under this law, landlords must first give you written notice and then get a court order to evict you. stream You can search the table of contents for the landlord-tenant statutes. Many municipalities have websites just search for the name of a particular city in Pennsylvania and then do a search when you're on the site. 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. 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. Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. However, the law does change, sometimes quickly and unexpectedly. 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. Help prepare lawyers for meetings and court hearings. Its also potentially risky to not have water flowing through your pipes, especially in the winter, so ensure everything works. 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. 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. View more property details, sales history and Zestimate data on Zillow. If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. 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. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The premises must meet minimum standards of habitability including compliance with applicable building codes. 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. One method many landlords and property managers use to charge their tenants for utilities is including the estimated cost in the monthly rent. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct". In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. 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. A written lease may state how many days of notice must be given by the landlord before the landlord can evict. 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. If necessary, call the Public Utility Commission at 1-800-692-7380. 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 . 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 . Landlord and Tenant Act of 1951. Any bill you pay to get the service restored can be deducted from your rental payments. 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. 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 tenants dwelling is liable to the tenant if the utility company has cut off utility service to the tenants dwelling. 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. 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. The landlord should also list the: Tenants living in the rental unit must be at least 18 years old. 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. 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. Generally, Pennsylvania landlord-tenant law is landlord friendly. Typical duties of the landlord. 2. This overview of key landlord-tenant laws in Pennsylvania will get you started. However, even if you cannot pay the whole amount owed, you can take steps to keep your utility service on. 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. You may be required to provide a copy of the PFA to the utility company. But right now, Pennsylvania and Philadelphia have some moratoriums against shutting off utilities due to nonpayment because of the coronavirus. 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). This cookie is set by GDPR Cookie Consent plugin. Discontinuance of Service to Leased Premises Act. 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. 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