State and Local Government on the Net and Municode are good sources for finding local governments online. State laws specify when and how a landlord may terminate a tenancy. 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. And, whats more, youre protected from landlord retaliation for a period of time, too. * Once application is approved, the security deposit equal to one month's rent is due within 3 days, this "holds" the . Please browse PhillyTenant.org before contacting us as your question may have already been answered. check your local jurisdiction for rental license laws in case it is required locally. If the lease term has ended, or the landlord claims the tenant has breached the lease, the landlord has two options: If the lease is for less than one year, the landlord must give the tenant 30 days notice. If you pay this amount directly to the utility company, they cannot stop service to your home. 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. 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. Your landlord is not legally allowed to interfere with your utility service, even if you are behind in your rent. This can simplify things for both landlords and tenants. 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. You should not consider any information in this article to be legal advice. There is no required grace period. Generally, issues impacting utilities are categorized as a maintenance issue that the landlord will need to help with resolving. The bonding company must be authorized to do business in the state of Pennsylvania. She has proven results and has tried many jury trials to verdict. `nv?&H2 1{{OK&G{+yr/ K`MUX7.w%7u,nRmTp9.AKHG9dLE This article is part of our guide to tenants rights in Philadelphia. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? 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. Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. This cookie is set by GDPR Cookie Consent plugin. Ask to set up a payment agreement. Termination of utility services to the mobile home. The notice you receive must contain the following information: You have the right to deduct your payments to the utility company from your future rent payments. The attorney listings on this site are paid attorney advertising. 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. 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. Tenant Rights: Security Deposits, Lease Terminations, and More. Subleasing occurs when the original tenant rents the unit to another individual. 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. Does There Have to Be an Individual Meter for Each Apartment? 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. 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. Typical duties of the landlord. Ann. Any sublet that does not comply with the lease clause will constitute a breach of lease and could potentially result in eviction. 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. 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. All Rights Reserved. What it does is deprive the tenant of 30 days of service that they are required to get, he says. You still have to make payment arrangements on any undisputed utility bills. Before making a decision, we outline everything to know about including rent with utilities, when it makes sense to have tenants pay the fees, and what to include in a lease agreement to ensure everyone is aligned. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. 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. Tenant'sExemption;Appraisement. The notice must be given in writing and must state the nature of the repair. 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. For example, if your normal rent is $300 per month, you can countersue the landlord for $600. Visit their website at, If you live outside of Philadelphia, visit the $1 Energy Fund at, If you live in Philadelphia, visit the Utility Emergency Services Fund (UESF) at. The eviction notice must be personally delivered to the tenant or posted on the dwelling. If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights. Reasonable time is usually interpreted as 9 a.m. to 5 p.m., Monday through Friday, holidays excluded. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. First, attempt to have the landlord make the necessary payments immediately to restore your service. The tenant needs to have that period of time to think through their options.. Section401. You may also be able to apply to have future bills issued in your name. What are the rules regarding rent payments in Pennsylvania? Absent a rental agreement, the landlord is required to provide the tenant with at least 15 days notice of any changes to the lease. 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. Pennsylvania Landlord Tenant Laws. 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. Pennsylvania has an estimated 12.8 million residents. Otherwise, the tenant is not entitled to any interest. This responsibility of the landlord extends not only to the individual tenant, but also to his family, servants and employees, business visitors, and social guests. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. The utility company should not allow the tenant to be billed for the service until it is confirmed that the wiring has been corrected. The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. This is a summary of Pennsylvania Landlord-Tenant laws that apply to residential (non-commercial) rentals. If you are a victim of domestic violence and have a valid Protection from Abuse Order (PFA), there are special procedures and protections for handling your utility service. If the lease is one year or more, the landlord must provide 90 days notice. 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. If you think that you could be a Victim of Crime, help is available. For details, see Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules. Find Plainfield New Jersey Landlord & Tenant attorneys near you. If so, for what purposes? 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. Once the complaint has been filed, the hearing occurs, in which both the landlord and tenant present their cases. Landlord and Tenant Act of 1951. Landlord Tenant Rights If payment has been accepted for rent (and/or a written or oral lease exists), a renter has inherent rights under landlord tenant law. It must also be in good repair pursuant to the landlords impliedwarranty of habitability, an implied right in every written or oral residential lease. Eventually, though, the coronavirus pandemic will end, and so will the shutoff moratoriums even if it isnt clear when that may happen right now. Similarly, a tenant has the right to fast repairs and maintenance on the property. 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. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. If you and your utility company cannot agree, call the Public Utility Commission (PUC) at. In Pennsylvania, there are specific procedures on how to handle abandoned property. Furthermore, the Pennsylvania landlord-tenant laws don't currently include state rent . You may be required to provide a copy of the PFA to the utility company. Robert Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy unit. 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 . We also use third-party cookies that help us analyze and understand how you use this website. And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, you do have rights. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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. Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. 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. The landlord is not required to collect a security deposit from the tenant. The medical certification can be renewed two additional times. Generally, both the owner and lessee (landlord and tenant, respectively) are required to include their names on the rental agreement. Below you will find references to Pennsylvanias Landlord-Tenant Act (1951) that govern rental properties and issues related to landlord-tenant law: Pennsylvania Landlord Tenant Act (1951). 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. 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. 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. Pennsylvania Landlord Tenant Laws are provided in the 68 P.S. Your rights as a tenant: Check out our tenants' rights guide. <> Further, the tenant shall not disturb the peaceful enjoyment of the premises by other tenants and neighbors. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. After you contact the utility, your service should be restored, and you should be sent the 30-day notice. 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. 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