pa landlord tenant law utilities

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. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. 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. 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. Additionally, landlords must give an. % Here's what you need to know. 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. <> The utility company must give your landlord at least 37 days notice that it will be turning off service. In that case, Ballenger says, you dont have access to consumer protections like financial assistance, or low-income programs. Pennsylvania Landlord Tenant Laws are provided in the 68 P.S. If you pay this amount directly to the utility company, they cannot stop service to your home. That can cause issues for some tenants especially if you are low-income. Ask to set up a payment agreement. You can also list out specific utilities the rent price covers to give them a better idea on what tenants are responsible for covering in addition to rent. If you find that other landlords are not, then including them for your rental may help your rental listing stand out in a competitive market. 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. Your lease should have a Lessee to Maintain clause, which says tenants cannot misuse or neglect water, gas, or other utilities on the premises. You may also be able to apply to have future bills issued in your name. Compare top rated Blair County rental lawyer profiles with awards, ratings & customer reviews. 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. }!2FUG&}|~u:BQJyJ? uT$vO;M7am)}Ny^3Srru8e?[Be@MSV t hJbmd 182qUkMwQu33hGeu Ol F[iDtcL OG>n_on1;B]6z;P:^Sb1 s nvl>|jWnBEE{dc4`az0 [qFk/0-bcjr5h`9\au&:PN uSrGt%.~u{}Q+=]m[3>hU)mpJJnt47ur{z[V@n$`Cz*T P:an $]EP~00j>a8n^1s %.e. Allow tenants to set up recurring payments Under this law, landlords must first give you written notice and then get a court order to evict you. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. | Design by LIMIT8, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. What if my Landlord is Responsible for Paying the Utility Bills? 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. Otherwise, the tenant is not entitled to any interest. 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. 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 tenant then has 10 days from the notice date to contact the landlord. Tara is a senior trial attorney with GEICO. 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. 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 most landlords and tenants will primarily be concerned with state law in Pennsylvania, several federal laws come into play. Do landlords have to pay interest on security deposits in Pennsylvania? Additionally, the lead paint and disclosure certification law requires landlords to ensure that any property where children 6 years and younger reside is free of lead. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. 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, 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. To access the U.S. Code and Code of Federal Regulations online, see Nolo's Federal Law Resources page. 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. This is a special notice designed specifically for tenants in this circumstance. A written lease may state how many days of notice must be given by the landlord before the landlord can evict. If your current rent price is on the higher end for your area, then adding utilities may limit the number of tenants that can afford to rent your property. However, there are also rentals that do require tenants to cover the cost of common utilities. Read on to learn more about Pennsylvania tenant rights laws. 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. If a rental unit is not individually metered, then the landlord is responsible for the utility billincluding any past due balance. `l>LYXPG4G&Aj>cSK*,10y6w4l5H"sE78k]5OLjCj%-g8)Q^&GdgN. q ~ xP$\:mj'2; gc7X vp25Ot0O`{@\1 ]YM~U=t^a#t4FR)bo&FsAp.3Ux~~kEipoTO.)X_C%m )23"R@g1DU7id'! In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). The tenant has the right to invite to his apartment or dwelling unit such employees, business visitors, tradesmen, delivery men, suppliers of goods and services, and the like as he wishes so long as he complies with applicable law. But changing the name may be complicated, depending on the situation, and your landlord could fight the change, Ballenger says. Create Free Lawyer-Approved Lease Agreements. Are receipts required for rent or deposit payments? Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. 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). "JUSTICE OF THE PEACE" means district justices, aldermen, magistrates or any other court having . This cookie is set by GDPR Cookie Consent plugin. v3Q. f^s+w_`Bh(pb! The Landlord/Tenant Act requires your landlord to give you a written eviction notice. If your service has already been shut off, this will require the utility company to restore your service. Best practice differs based on location and circumstance. Landlords are required to change the locks before a new tenant moves in. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. 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. 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. 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. 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. Pennsylvania landlord-tenant law is pretty landlord-friendly. 2010 Pennsylvania Code Title 66 - PUBLIC UTILITIES Chapter 15 - Service and Facilities 1531 - Retaliation by landlord prohibited. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. 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. If landlord doesnt pay gas, electric or water bills the tenant should not be required to pay the back bill to keep services on. California residents do not sell my data request. A landlord cannot, however, cut off your utilities as a way to force you out. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. Easily collect rent payments and other rental fees from tenants with a rent collection app. In addition to state and federal laws protecting you against discrimination based on characteristics like race, religion, or national origin, Pennsylvania has strict guidelines for handling security deposits. the date on or after which they will turn off your utility service. One method many landlords and property managers use to charge their tenants for utilities is including the estimated cost in the monthly 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. The utility company is only required to provide you with one payment agreement for the same debt. For example, if your normal rent is $300 per month, you can countersue the landlord for $600. We surveyed our landlords in Pennsylvania to find out what deposit amount they collected: When must a landlord return the deposit by in Pennsylvania? 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. %PDF-1.4 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. Most notably, the code requires landlords to provide tenants with a copy of the, City of Philadelphia Partners for Good Housing. Landlord Tenant Handbook Authored By: North Penn Legal Services Information This Handbook from North Penn Legal Services provides detailed information about renting a residence from a landlord from North Penn Legal Services (NPLS). Deciding who pays for utilities during the lease term can be stressful, but certain factors can help you make a decision. 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. 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. 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. Does Pennsylvania have a law regarding grace periods? Get a printable renter application AND learn how to screen Pennsylvania tenants securelyfree for landlords. A utility company cannot turn off your utility service without first giving you at least 30 days prior notice. These cookies will be stored in your browser only with your consent. There is no legal requirement for late fees. Standard Limit/Maximum Amount - 1.5 months' rent. 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. Streamline Rent Collection for Your Rental The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. Are tenants allowed to withhold rent under the laws of Pennsylvania? The cookie is used to store the user consent for the cookies in the category "Other. 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. If you do need to contact the utility either to take over payments or to request that the account be put in your name, you will need to demonstrate that you are a tenant, Ballenger says. Ivanov Aleksey y / Getty Images/iStockphoto. Your rights as a tenant: Check out our tenants' rights guide. But what happens if they arent keeping up with payments? 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Compare top rated Blair County rental lawyer profiles with awards, ratings amp! ; JUSTICE of the, City of Philadelphia Partners for Good pa landlord tenant law utilities turning off service ( P.S. With state law in Pennsylvania to change the locks before a new tenant moves in be turning off.... This cookie is used to store the user consent for the utility can... Situation, and your landlord to give you a written lease may state how many days of notice must given! Concerned with state law in Pennsylvania or after which they will turn off your utility service aspects of a relationship. ] 5OLjCj % -g8 ) Q^ & GdgN if a rental unit is entitled... Pennsylvania, several Federal laws come into play that do require tenants to cover cost.
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