Tenants are also protected if a landlord calls the water department and asks for service to the property to be turned off. 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, 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"). 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. That can cause issues for some tenants especially if you are low-income. This cookie is set by GDPR Cookie Consent plugin. First, the landlord must provide the tenant with an eviction notice. comply with all obligations imposed upon tenants by applicable law. In most states, the law affords special protections to victims of domestic violence. Got a question? The utility company must give your landlord at least 37 days notice that it will be turning off service. For example, if your normal rent is $300 per month, you can countersue the landlord for $600. These laws also require those who operate transportation services to allow service animals. The Philly Tenant Hotline can be reached at 267-443-2500, and CLS is available at 215-981-3700. Code, Public Utilities 7-303 Does Pennsylvania have a law regarding grace periods? Get started now by creating an online Pennsylvania rental lease agreementwith Avail. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. 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. For details, see Pennsylvania Required Landlord Disclosures. If you think that you could be a Victim of Crime, help is available. 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. 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 . Get a printable renter application AND learn how to screen Pennsylvania tenants securelyfree for landlords. % The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. The tenant is not the utility customer and they do not qualify for utility projection such as payment arrangements, Customer Assistance Program, or residential energy efficiency and conservation programs. 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. Landlord-tenant law in the city of Pittsburgh is the same as statewide law. 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. v3Q. However, we advise separating these funds. 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. 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. If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant. 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. | Design by LIMIT8, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Are there any provisions regarding rent control in Pennsylvania? For details, see Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules. Schedule rent payments in advance
Get Legal Help from the your local legal aid office from the Pennsylvania Legal Aid Network. 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. ; Time Limit for Returns - 30 days, 15 days if leaving because of domestic violence, 5 days if forcibly evicted due to natural disaster. Thats a statutory right, Ballenger says. stream You still have to make payment arrangements on any undisputed utility bills. Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. Ivanov Aleksey y / Getty Images/iStockphoto. This overview of key landlord-tenant laws in Pennsylvania will get you started. Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. The cookies is used to store the user consent for the cookies in the category "Necessary". If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights.
Pennsylvania Landlord Tenant Laws are provided in the 68 P.S. Here is what you need to know: As with other tenants rights issues, you should first read your lease to determine what utilities your landlord is responsible for. And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. 250.101 - 250.510-B . READ THE FULL GUIDE! The landlord must supply the utility company with the names and addresses of the tenants so the utility can provide the tenant with notice. See mold pamphlet here. We're currently seeking a Landlord Tenant/Collections Paralegal to work full-time in our corporate office. It is your responsibility to contact the utility company immediately with any billing dispute or payment problem in order to avoid having your utilities shut off. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Contact the utility company and demand that the service be restored immediately. <> 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. 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. 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. You can also check local rental listings to see what other landlords are charging and if theyre including utilities. You should not consider any information in this article to be legal advice. A landlord may be entitled to 1 percent of the security deposits as an administration fee. Organize documents and coordinate document productions. Invoice your tenants for the utility bill each month so it perfectly matches how much they use. If a rental unit is not individually metered, then the landlord is responsible for the utility billincluding any past due balance. Previous landlord/tenant judgments and/or current landlord/ tenant references will be checked. You might want to do this to avoid these problems in the future, and because you have more options for the account if its in your name. is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law. 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. However, the law does change, sometimes quickly and unexpectedly. 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, there are specific procedures on how to handle abandoned property. 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. Further, the tenant shall not disturb the peaceful enjoyment of the premises by other tenants and neighbors. The U.S. Code is the starting place for most federal statutory research. The utility company cannot shut off your service if you obtain medical certification that someone in your home is seriously ill or someone has a medical condition that will be made worse by a shut off. 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. It is more difficult to get service turned back on after shut off. Are there any specific required lease renewal provisions in Pennsylvania? `nv?&H2
1{{OK&G{+yr/ K`MUX7.w%7u,nRmTp9.AKHG9dLE ft. home is a 1 bed, 1.0 bath property. 60 days) . Similarly, there are no legal requirements for how rent is to be paid. It does not store any personal data. 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. Contact your local legal services for further assistance. In a survey of our Pennsylvania landlords, 87% had a written rental agreement. What are the rules regarding rent payments in Pennsylvania? Stat. 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. Robert Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy unit. Otherwise, the tenant is not entitled to any interest. If youre paying for all utilities, you have a few options: There are different ways to collect payments for utilities, so its important to determine the option thats best for you. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. 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. The landlord must notify the tenant of the deductions within 30 days after the tenant has vacated the premises. 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. Increase your rent price and bundle utilities and rent. Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. Get next-day payments with Fastpay
Analytical cookies are used to understand how visitors interact with the website. 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. Learn. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct". The landlord is not required to collect a security deposit from the tenant. Usually, that means a possible or impending shutoff. 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 the tenant failed to make a timely payment and the utility company charged a late fee to the landlord, then the landlord can impose that late fee on the tenant, but no additional amount. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. check your local jurisdiction for rental license laws in case it is required locally. Copyright 2021 Tenant Union Representative Network. California residents do not sell my data request. What are the general lease provisions in Pennsylvania? Under the act, a landlord doesn't have the right to forbid overnight guests or to limit the number of visitors a tenant has in a week or month. 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. The utility company should not allow the tenant to be billed for the service until it is confirmed that the wiring has been corrected. If youve decided that tenants should pay for their own utilities, then this should be stated in the lease agreement. If the landlord wins a judgment for possession, the landlord can then enforce the judgment, meaning the tenant must move. The lease agreement should also state if theyre responsible for setting up those utilities once moved in or include the utility fees in their rent payments. 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. If your landlord makes any change to your rental agreement or tries to evict you within six months, its considered retaliation. Your rights as a tenant: Check out our tenants' rights guide. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. 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