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. ft. home is a 1 bed, 1.0 bath property. Our state-specific rental agreements include all the necessary notices and disclosures based on your propertys address. Candidate shall have prior experience working for an attorney/law firm as a paralegal. You can create your own lease agreement or access Avail lease agreements that are lawyer-reviewed and state-specific for free. Copyright Housing Equality Center of Pennsylvania 2023. 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. 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. * Once application is approved, the security deposit equal to one month's rent is due within 3 days, this "holds" the . Can My Landlord Shut Off My Utilities Because I Am Behind in Rent? NgRf*oMe~@EpW*d@`hp ddj7j~V'.YO!9! Discontinuance of Service to Leased Premises Act. Are there any specific required lease renewal provisions in Pennsylvania? 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. However, we do advise that you check your local jurisdiction for rental license laws in case it is required locally. Furthermore, while there is no mandated notice before the landlord enters the premises to correct a repair, The rental term is over and the tenant hasnt moved out, The tenant has breached some provision of the rental agreement. Visit PAVictimsHelp.orgfor more information. 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. 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. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. stream The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. Any bill you pay to get the service restored can be deducted from your rental payments. 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. The utility company must give your landlord at least 37 days notice that it will be turning off service. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Analytical cookies are used to understand how visitors interact with the website. State and Local Government on the Net and Municode are good sources for finding local governments online. 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. evidence and priority of payment as is provided by law in the case of the mortgaging of . 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 check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. 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. Note that these rights cannot be taken away even if the lease says you have given away these rights. 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. And if youre a tenant whose landlord hasnt been able to keep up with the bills in their name, you do have rights. Do landlords have to pay interest on security deposits in Pennsylvania? ExemptionofPropertyonPremisesUnderLeaseor SaleContractSubjecttoaSecurityInterest. 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 landlords nonpayment of the utility bill. The shut off can be stopped for a maximum of 30 days at a time. Pennsylvania Security Deposit Limit and Return The landlord should also list the: Tenants living in the rental unit must be at least 18 years old. Landlord-tenant laws differ by state. If you have not paid, or if you are behind in paying, your utility bills, the utility company can shut off the service to your rental property after giving proper notice. Streamline Rent Collection for Your Rental 2001 - 2023, Pro Bono Net, All Rights Reserved. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. Copyright 2021 Tenant Union Representative Network. The bonding company must be authorized to do business in the state of Pennsylvania. 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.". 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. Allow tenants to set up recurring payments Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated. Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and antidiscrimination rules that affect landlords and tenants. Nick Vadala is a staff writer for the Inquirer, writing about arts, travel, food and drink, and civics. Ask to set up a payment agreement. What are the rental agreement notice requirements in Pennsylvania? 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. If youve decided that tenants should pay for their own utilities, then this should be stated in the lease agreement. 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. Do landlords in Pennsylvania have to provide notice of entry? Security Deposits in New Jersey. 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. 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. 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. Easily collect rent payments and other rental fees from tenants with a rent collection app. 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. These laws also require those who operate transportation services to allow service animals. 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). Generally, Pennsylvania landlord-tenant law is landlord friendly. 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. 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. The utility company should not allow the tenant to be billed for the service until it is confirmed that the wiring has been corrected. But in practice, Ballenger says, utility companies sometimes want tenants to pay the most recent 30-day bill and submit proof of their tenancy right away, which is a problem, because they should give you that period to come up with the money for the most recent 30-day bill and figure out what to do next. It must also be in good repair pursuant to the landlords impliedwarranty of habitability, an implied right in every written or oral residential lease. Tenant Rights: Security Deposits, Lease Terminations, and More. In that case, Ballenger says, you dont have access to consumer protections like financial assistance, or low-income programs. Code, Public Utilities 7-303 Otherwise, the tenant is not entitled to any interest. In Pennsylvania, it is illegal for the landlord to retaliate against a tenant who has exercised a legal right, including, complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions assembling and presenting your views collectivelyfor example, by joining or organizing a tenant union, or. !,ze&G;]Vv')0h-*&mCnLa931mixMUDF?g::Xc&n=1vo!fN5EUDXBc0BEI`:Wa|? b]Rt!!\S}gXg0F|{pZ.!Y*( Y'Zj,iM&hbk 75|k-;*sh,yuL`ZmxTws`XwvrE.Xu If your service has already been shut off, this will require the utility company to restore your service. The tenant then has 10 days from the notice date to contact the landlord. Alternatively, a landlord may also be able to post the tenant's deposit as a bond. This cookie is set by GDPR Cookie Consent plugin. %PDF-1.4 The principal publication is Truth in Renting, which is available in both English and Spanish. Charge a flat monthly fee for utilities (youll want this to be the average utility cost each month). notice between September 1st and April 1st. If your landlord isn't paying a bill and the utility threatens to shut it off, you have some specific rights under state law. 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. Furthermore, while there is no mandated notice before the landlord enters the premises to correct a repair, we recommend providing the tenant with 24 hours notice. 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. You may be required to provide a copy of the PFA to the utility company. 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. If you need legal assistance, consult a private attorney or call your local Legal Aid office. Ask us using the form at the bottom of this article. 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. 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. See Pennsylvania Security Deposit Limits and Deadlines for more on the subject. In most instances, the tenant will be responsible for handling the bills for each utility. Are rental agreements required in Pennsylvania? 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. 6 0 obj For complete information on handling utilities in your state, we recommend researching your state and local laws or speaking with a landlord-tenant lawyer. The accrued interest will belong to the tenant and must be paid to them yearly. Similarly, there are no legal requirements for how rent is to be paid. Assist lawyers by researching . If the tenant wins, the tenant is legally entitled to stay on the premises. Click here for a standard sublease template in Pennsylvania. 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. This means that there cannot be a "foreign load" on the tenant's utility billthe tenant's wiring cannot include the common areas or another apartment. 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). 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. Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet. 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. Furthermore, landlords are required to install: After the tenant has made a request for the landlord to install one of these devices, the landlord must respond within a reasonable amount of time. 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. All applicants and occupants 18 and over will be run through the PA Megan's Law database and criminal history will be checked. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out. This website uses cookies to improve your experience while you navigate through the website. % 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. Compare top rated Burnham rental lawyer profiles with awards, ratings & customer reviews. HiUpuT. Subleasing occurs when the original tenant rents the unit to another individual. Its never been easier to create, modify, and sign a rental agreement. Are there any provisions regarding rent control in Pennsylvania? If your landlord is responsible for paying for utility service and fails to pay the utility bill or if the landlord instructs the utility company to shut off your service, the Utility Services Tenants Right Act requires that you be notified by the utility company at least 30 days in advance. This clause informs the tenant that you agree to provide access to heat and hot water. Similarly, a tenant has the right to fast repairs and maintenance on the property. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. READ THE FULL GUIDE! Best practice differs based on location and circumstance. The Pennsylvania Landlord-Tenant Act does not allow for a separate. Contact the utility company and demand that the service be restored immediately. 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. There is a Pennsylvania law which protects tenants whose landlords fail to pay their bills. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . What are the rules regarding rent payments in Pennsylvania? f^s+w_`Bh(pb! This cookie is set by GDPR Cookie Consent plugin. If youve been renting a home or apartment for any amount of time, you know that its not uncommon for your landlord to have some utility bills in their name. The Pennsylvania Landlord-Tenant Act does not allow for a separate pet deposit (aside from a security deposit). Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! You also may be able to have the utility service transferred to your name. The state statutes provide definitions of terms related to landlord tenant laws (also known as PA rental laws), the rights and responsibilities of landlords and tenants as well as violations and remedies under Pennsylvania Landlord Tenant Law. 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. For details, see Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules. Tenant'sExemption;Appraisement. @` u08#T+z"w(p&]%0>JoNB96@} !7JH sBpY/>:Pbc. If necessary, call the Public Utility Commission at 1-800-692-7380. These are some common laws on utilities: If you do decide to include utilities in the rent price, your lease agreement should inform the tenant on who pays what. A utility company cannot turn off your utility service without first giving you at least 30 days prior notice. For example, if theyre having issues with their internet connection, then you will need to help them troubleshoot the issue. These laws also require those who operate transportation services to allow service animals. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Congress has enacted laws, and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have adopted regulations, covering discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint. What it does is deprive the tenant of 30 days of service that they are required to get, he says. 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 . Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. 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. 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. 5 0 obj Tara has attended NITA (2018). 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. If landlord doesnt pay gas, electric or water bills the tenant should not be required to pay the back bill to keep services on. 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. While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital utility service when a landlord doesnt pay the bill. `nv?&H2 1{{OK&G{+yr/ K`MUX7.w%7u,nRmTp9.AKHG9dLE Here are three factors to consider as you decide how to handle utilities. Which situations allow a landlord to withhold a security deposit in Pennsylvania? Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. 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. 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 . Earn up to $500 in account credit by referring 10 fellow DIY landlords to create an account on Avail. Whenever the landlord sues the tenant, the tenant has the right to defend him or herself. While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital . Learn. Reasonable time is usually interpreted as 9 a.m. to 5 p.m., Monday through Friday, holidays excluded. What are the Pennsylvania laws on eviction? These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. Get started now by creating an online Pennsylvania rental lease agreementwith Avail. Necessary cookies are absolutely essential for the website to function properly. Landlords are required to distribute Truth in Renting to . 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. For example, if your normal rent is $300 per month, you can countersue the landlord for $600. 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. Does There Have to Be an Individual Meter for Each Apartment? Tenants have the right to the following . Create a Philadelphia-specific residential lease here. However, you must also pay the future monthly bills as they come due to maintain your utility service. 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. Termination of utility services to the mobile home. 250.101). We recommend having a signed rental agreement, no matter how long the rental term, for added legal security. 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. The Landlord/Tenant Act requires your landlord to give you a written eviction notice. stream However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. Ann. Once the utilities have been shut off, the situation may become more complicated. Tenants are protected through the Public Utility Code for the resale, but other protections may be under the landlord/tenant law. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. 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. qO!O5nVd W!AHf O(?Vrar(riiZ`>u"qH B qm_o The length of payment agreements is determined by law. Find Blair County Pennsylvania Landlord & Tenant attorneys near you. If you need legal advice in the event that your landlord isnt paying bills for which they are responsible, Ballenger suggests reaching out for help. That can cause issues for some tenants especially if you are low-income. Call your utility company to inform them of your PFA so these special procedures and protections can put in place for you. Whether the landlord is required to pay the tenant interest on a security deposit depends.
pa landlord tenant law utilities