Its never been easier to create, modify, and sign a rental agreement. Thats a statutory right, Ballenger says. Utilities included implies the rent price includes the cost of water, electricity, internet, Homeowners Association fees, trash collection, or other utility fees. These cookies will be stored in your browser only with your consent. Code, Public Utilities 7-303 "JUSTICE OF THE PEACE" means district justices, aldermen, magistrates or any other court having . <> Fair housing (housing discrimination) information is included throughout the entire handbook. Find Blair County Pennsylvania Landlord & Tenant attorneys near you. 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. 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. You may also be able to apply to have future bills issued in your name. Additionally, landlords must give an. Generally, Pennsylvania landlord-tenant law is landlord friendly. Streamline Rent Collection for Your Rental The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. f^s+w_`Bh(pb! 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. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. If landlord doesnt pay gas, electric or water bills the tenant should not be required to pay the back bill to keep services on. Its never been easier to create, modify, and sign a rental agreement. State laws specify when and how a landlord may terminate a tenancy. Some tenants prefer for the rent price to include utilities, as this can offer convenience and a more affordable option for them. 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. The landlord is required to return either part or all of the security deposit to the tenant. While youre legally required to provide access to heat and hot water, it may be the tenants responsibility to set it up and pay for it. You may be required to provide a copy of the PFA to the utility company. 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. This overview of key landlord-tenant laws in Pennsylvania will get you started. notice between September 1st and April 1st. What are the Pennsylvania laws on eviction? -Ze!M5^[tfPlV>*tTD~'"Z4u? The notice must be given in writing and must state the nature of the repair. Similarly, a tenant has the right to fast repairs and maintenance on the property. 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. Additionally, landlords must give an EPA-approved information pamphlet. This cookie is set by GDPR Cookie Consent plugin. Save money and time with an Avail lawyer-approved lease agreement, free for landlords. Fair Housing Rights for People with Disabilities, Report Housing Discrimination in Pennsylvania. The attorney listings on this site are paid attorney advertising. 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. There is an anti-retaliation provision in the law that presumes illegal retaliation if an owner seeks to raise the rent or evict a tenant within 6 months of the tenant exercising their rights under the Pennsylvania Utility Code except in cases of nonpayment of rent. State and Local Government on the Net and Municode are good sources for finding local governments online. Outlining who is responsible for which utility in your lease agreement can ensure all parties are informed on the expectations. Click here for a standard sublease template in Pennsylvania. Tenants who have lived at the dwelling unit for less than 1 year must be served a 15 days' [2] notice to vacate. In Pennsylvania, landlords are allowed to commingle the tenants security deposit with any of the landlords personal assets. Is|-W0o&|?r#="4[;k Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. Create Free Lawyer-Approved Lease Agreements. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. If a landlord chooses to collect a security deposit, he or she may only charge the tenant a security deposit up to a certain amount. We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. These laws also require those who operate transportation services to allow service animals. In Pennsylvania, the eviction process is outlined by the Landlord and Tenant Act of 1951. 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. The principal publication is Truth in Renting, which is available in both English and Spanish. The medical certification can be renewed two additional times. If the tenant is responsible for paying the utility bill, the Pennsylvania Utility Code requires the landlord to ensure that each residential unit is individually metered. 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 . In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Pennsylvania does not have any specific pet laws. Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? 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. 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). 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. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. ExemptionofPropertyonPremisesUnderLeaseor SaleContractSubjecttoaSecurityInterest. A utility company cannot turn off your utility service without first giving you at least 30 days prior notice. You can search the table of contents for the landlord-tenant statutes. 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. 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. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. 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. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. (the first ten plus twenty more) to get the items. ?~.mnr ASHxfF"&-DzK&!s.lC|f\w_V18V)RZ)J0H))H{fnLP3J@)CzJ"+n0r~@$oB s)uC]q{o1Q Learn how to set a late fee. 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. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. Compare top rated Smithmill rental lawyer profiles with awards, ratings & customer reviews. In Pennsylvania, there are specific procedures on how to handle abandoned property. Tara is a senior trial attorney with GEICO. If your rental property offers utilities your tenants will use, then you may be wondering who should cover any associated fees. Ask to set up a payment agreement. 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. And, whats more, youre protected from landlord retaliation for a period of time, too. 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. 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. wa\`*t -+^9L^/w nXEI3un c-sw-b\D7NWt+o/Xc=gv 9 Sii!f2M~^jeH What are the general lease provisions in Pennsylvania? THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. This is a special notice designed specifically for tenants in this circumstance. Pennsylvania Landlord Tenant Laws. READ THE FULL GUIDE! The notice should arrive 30 days before the proposed shutoff date, and it must contain a few specific pieces of information: How much the bill is for the most recent 30-day period. In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. A written lease may state how many days of notice must be given by the landlord before the landlord can evict. 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. California residents do not sell my data request. In most states, subleasing is not allowed unless the landlord consents. If the utility wont give you notice, PhillyTenant.org suggests contacting the Water Revenue Bureau at 215-685-6300 and asking for an informal hearing request form (or, if its Peco or PGW, you can file an informal complaint with the Pennsylvania Public Utility Commission at 800-692-7380). 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 length of payment agreements is determined by law. NgRf*oMe~@EpW*d@`hp ddj7j~V'.YO!9! Ask to speak to the supervisor and write down the name of the person you speak with. 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. If you just want to browse through the Pennsylvania landlord-tenant law, you can find state statutes at 68 Pa. Cons. 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"). Heat and Hot Water Clause. 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. Pennsylvania has an estimated 12.8 million residents. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. Does There Have to Be an Individual Meter for Each Apartment? It does not store any personal data. Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. For more information, please check our. 250.101-250.602. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. 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. Ask us using the form at the bottom of this article. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. The notice should have a bill for the previous 30 days of service attached. By clicking Accept, you consent to the use of ALL the cookies. You should not consider any information in this article to be legal advice. The utility company should not allow the tenant to be billed for the service until it is confirmed that the wiring has been corrected. | Design by LIMIT8, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. This article is designed to convey information, and not for the purpose of providing legal advice. 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 cookie is used to store the user consent for the cookies in the category "Analytics". Section401. The utility company is only required to provide you with one payment agreement for the same debt. x\Ks WA,BM4^+-UV*C{=#ummH@ [r)_=}?*S~~:W%2iB~N+b1{S|TYs >R+x=2 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. Security Deposits in New Jersey. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Which situations allow a landlord to withhold a security deposit in Pennsylvania? 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. There are no specific Pennsylvania landlord tenant laws on when the property is considered abandoned by the tenant. Visit PAVictimsHelp.orgfor more information. 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. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). His work has also appeared inPhiladelphia magazine andTechnical.lyPhilly. 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. 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. The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. 250.101 to 399.18. This means that there cannot be a foreign load on the tenants utility billthe tenants wiring cannot include the common areas or another apartment. 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. If your service has already been shut off, this will require the utility company to restore your service. Insure the accuracy of the tenants security deposit to the utility can provide tenant! 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