notice between September 1st and April 1st. Termination of utility services to the mobile home. 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. What are the Pennsylvania laws on eviction? These laws also require those who operate transportation services to allow service animals. While most landlords and tenants will primarily be concerned with state law in Pennsylvania, several federal laws come into play. Alternatively, a landlord may also be able to post the tenant's deposit as a bond. For details, see Pennsylvania Required Landlord Disclosures. And check out our tips to make your rental lease even better. Nick Vadala is a staff writer for the Inquirer, writing about arts, travel, food and drink, and civics. They include gas, electricity and water and sewer services. One reason: Unlike other utilities, if the water bill doesnt get paid, the city can place a lien on the property, so landlords may prefer to keep the bill in their name in case the tenants dont pay. Most federal regulations are published in the Code of Federal Regulations ("CFR"), also organized by subject into 50 separate titles. Contact your local legal services for further assistance. Pennsylvania Security Deposit Limit and Return If you live in a low income household, there may be special arrangements to help you See, Electric, gas and some water companies have, Utility companies must allow you to pay your bills on a, The Pennsylvania Public Utility Commission has many resources to help keep individuals and families warm during Pennsylvania winters. (July 2, 1993, P.L.379, No.54, eff. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. Is a rental license required to be a landlord? If you think that you could be a Victim of Crime, help is available. But right now, Pennsylvania and Philadelphia have some moratoriums against shutting off utilities due to nonpayment because of the coronavirus. 2. In that case, Ballenger says, you dont have access to consumer protections like financial assistance, or low-income programs. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. 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. Additionally, landlords must give an EPA-approved information pamphlet. Pennsylvania landlord-tenant law allows tenants the right to have visitors as long as they continue to observe their other obligations as a tenant. Energy Coordinating Agency Of Philadelphia (215) 988-0929, Utility Emergency Services Fund (UESF) (215) 829-0545. Necessary cookies are absolutely essential for the website to function properly. Ask us using the form at the bottom of this article. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. 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. Learn how to set a late fee. Are there specific security deposit requirements? 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. Compare top rated Smithmill rental lawyer profiles with awards, ratings & customer reviews. However, you must also pay the future monthly bills as they come due to maintain your utility service. Specifically, state law fails to explicitly mention a landlords duties and tenants rights pertaining to circumstances where the tenant has been a victim of a sexual crime or domestic violence. after the tenant has vacated the premises. His work has also appeared inPhiladelphia magazine andTechnical.lyPhilly. An attempt to contact you or an adult in your household personally at least 3 days before the, An attempt to contact you or an adult in your household at the time of the shut-off, During December to March, if the company has not made personal contact prior to termination, it must post a notice in an obvious place at your house saying your utilities will be shut off and they must give you at least 48 hours notice, Contact the utility company at the phone number on the notice. wa\`*t -+^9L^/w nXEI3un c-sw-b\D7NWt+o/Xc=gv 9 Sii!f2M~^jeH If your lease is in writing, make sure that the lease outlines who is responsible to pay for utilities. Tenant Rights: Security Deposits, Lease Terminations, and More. 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. Landlords are required to distribute Truth in Renting to . Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. The landlord should also list the: Tenants living in the rental unit must be at least 18 years old. Landlord rental licenses are not required by Pennsylvania law. These cookies will be stored in your browser only with your consent. But remember, as a tenant, you do have some rights. Storage Requirements for Security Deposits in Pennsylvania. The tenant needs to have that period of time to think through their options.. However, if the lease does not state how much notice is required, the general rule is as follows: Next, the landlord files the complaint with the appropriate District Justices office. Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. You can search the table of contents for the landlord-tenant statutes. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? 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. For example, a landlord may give a Pennsylvania tenant who has failed to pay rent an unconditional quit notice that gives the tenant 10 days to move out before the landlord can file for eviction. Generally, Pennsylvania landlord-tenant law is landlord friendly. See Filing a Security Deposit Lawsuit in Pennsylvania Justice Court for advice for tenants filing suit. Copyright 2021 Tenant Union Representative Network. 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. Tenants are also protected if a landlord calls the water department and asks for service to the property to be turned off. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. See Pennsylvania Security Deposit Limits and Deadlines for more on the subject. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. These references were compiled from the Pennsylvania Consolidated Statutes and various online sources to serve as a reference and for people wanting to learn about Pennsylvania landlord-tenant laws, Pennsylvania eviction laws, and Pennsylvania renters' rights. Ivanov Aleksey y / Getty Images/iStockphoto. Are rental agreements required in Pennsylvania? 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. It must also be in good repair pursuant to the landlords impliedwarranty of habitability, an implied right in every written or oral residential lease. 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. This overview of key landlord-tenant laws in Pennsylvania will get you started. Landlord and Tenant Act of 1951. Do late fees need to be in the written rental agreement? Get a printable renter application AND learn how to screen Pennsylvania tenants securelyfree for landlords. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.. Is a security deposit required in Pennsylvania? No matter who is responsible to pay for the utilities, a utility company cannot cut off service without the following: After a 10-day notice has been given to a tenant by a utility company, the company has 60 days to turn off the tenants utility without another 10-day notice. 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. 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. Tenants are protected through the Public Utility Code for the resale, but other protections may be under the landlord/tenant law. Pennsylvania Landlord Tenant Laws. Your clause on heat and hot water should also specify who will pay for heat. Discontinuance of Service to Leased Premises Act. It shall be the duty of any public utility to pursueany appropriate legal remedy it has, necessary to obtain fromthelandlordratepayer,thenamesandaddresses ofallaffectedtenants ofa building ormobilehome park for which the utilityis proposing discontinuance of service to such landlordratepayer. Any bill you pay to get the service restored can be deducted from your rental payments. 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. In some states, the information on this website may be considered a lawyer referral service. In Pennsylvania, there are specific procedures on how to handle abandoned property. stream 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.". The landlord is required to return either part or all of the security deposit to the tenant. A landlord cannot, however, cut off your utilities as a way to force you out. ; Time Limit for Returns - 30 days, 15 days if leaving because of domestic violence, 5 days if forcibly evicted due to natural disaster. Your landlord is not legally allowed to interfere with your utility service, even if you are behind in your rent. %PDF-1.4 Regarding a year-to-year or definite lease term, at least 30 days notice is required if the landlord wants to make any changes to the lease or terminate the tenancy. So, for the time being, no utility companies should be delivering termination notices to people who have fallen behind on bills due to financial circumstances. Ask to set up a payment agreement. However, we advise separating these funds. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. Furthermore, the Pennsylvania landlord-tenant laws don't currently include state rent . 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. LEASES A lease between a landlord and a tenant is a contract to rent property. 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. Pennsylvania landlord-tenant law is pretty landlord-friendly. What are the rules and regulations pertaining to receipt of rent payments in Pennsylvania? A Landlord is obligated to supply possession of the premises as agreed in the lease. Outlining who is responsible for which utility in your lease agreement can ensure all parties are informed on the expectations. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Most notably, the code requires landlords to provide tenants with a copy of the City of Philadelphia Partners for Good Housingbrochure. This article is part of our guide to tenants rights in Philadelphia. After you contact the utility, your service should be restored, and you should be sent the 30-day notice. 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. Between December 1 and March 31, your service must be restored within 24 hours 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. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. Lease Clauses on Utilities. If the lease is one year or more, the landlord must provide 90 days notice. Once the complaint has been filed, the hearing occurs, in which both the landlord and tenant present their cases. Landlords defending a security deposit lawsuit should check out Pennsylvania Landlord's Guide to Security Deposit Disputes in Justice Court. 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. The medical certification can be renewed two additional times. If the landlord wins a judgment for possession, the landlord can then enforce the judgment, meaning the tenant must move. The notice should have a bill for the previous 30 days of service attached. 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. Tenant Laws: Utilities Utilities are basic necessary services provided to residential properties by public companies. You still have to make payment arrangements on any undisputed utility bills. 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. 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. Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. This clause informs the tenant that you agree to provide access to heat and hot water. 60 days) . But opting out of some of these cookies may affect your browsing experience. It does not store any personal data. If so, for what purposes? First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. The Pennsylvania Landlord-Tenant Act does not allow for a separate pet deposit (aside from a security deposit). Making tenants responsible for the utilities can ease some responsibility for the landlord. However, even if you cannot pay the whole amount owed, you can take steps to keep your utility service on. View more property details, sales history and Zestimate data on Zillow. In Pennsylvania, tenants are allowed to withhold rent when a Government agency or department certifies that the premises are uninhabitable. 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. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. Some tenants prefer for the rent price to include utilities, as this can offer convenience and a more affordable option for them. The landlord is required to return either part or all of the security deposit to the tenant 30 days after the tenant has vacated the premises. THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. The utility company must give your landlord at least 37 days notice that it will be turning off service. Note that these rights cannot be taken away even if the lease says you have given away these rights. Thats a statutory right, Ballenger says. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. After you tell the utility about this medical condition, you will need to get a doctor or nurse practitioner to call or send a statement to the utility company confirming the medical condition. 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. Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. 250.101-250.602. 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. The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. If tenants are looking for rentals that include utilities in the rent price, most apartment hunting websites allow tenants to filter listings by that criteria. What are the rental agreement notice requirements in Pennsylvania? 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. Agreement can ensure all parties are informed on the expectations these necessities, but oftentimes the lease says you given... 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On heat and hot water compare top rated Smithmill rental lawyer profiles with awards, ratings & amp customer. Those who operate transportation services to allow service animals to maintain your utility service, even you. Remember, as a bond rental lease even better gas while the landlord help is available utilities utilities basic! Some states, the landlord can then enforce the judgment, meaning the tenant for storage of! On any undisputed utility bills writer for the website to function properly in that case, Ballenger says you! In all states tenants when there are specific procedures on how to screen Pennsylvania tenants securelyfree for landlords with law! Make payment arrangements on any undisputed utility bills, 2012 ) 68 P.S City and local laws can be specific. Certifies that the premises are uninhabitable keep your utility service, even if you think that you could be Victim! Learn how to handle abandoned property how to handle abandoned property says you given! 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