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They include gas, electricity and water and sewer services. In Pennsylvania, the landlord is not required to provide a receipt when the tenants rent has been received. Whether a lease is written or verbal, both parties must agree on which party is responsible for paying the utility bills. 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. A landlord who wants you to leave can evict you under the terms of the lease or rental agreement (for example, if you fail to pay rent), following proper state rules and procedures. This may be considered an illegal attempt to evict you without going through proper legal procedures and if this happens or if the landlord threatens this, you should consult an attorney or call legal aid. %PDF-1.4 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. If the landlord does not make the necessary payments to restore service, you and any other tenants may have to make the payments in order to get the service restored. Learn how to set a late fee. If the landlord responds to this by suing you in Magisterial District Judge court for nonpayment of rent, you have the right to file a countersuit with the Magisterial District Judge for two months rent payments. 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. Invoice your tenants for the utility bill each month so it perfectly matches how much they use. But remember, as a tenant, you do have some rights. We surveyed our landlords in Pennsylvania to find out what deposit amount they collected: When must a landlord return the deposit by in Pennsylvania? This cookie is set by GDPR Cookie Consent plugin. Are tenants allowed to withhold rent under the laws of Pennsylvania? Please see below for more on retaliation. In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. 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. To access the U.S. Code and Code of Federal Regulations online, see Nolo's Federal Law Resources page. However, we advise separating these funds. You can search the table of contents for the landlord-tenant statutes. Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. 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. There is no legal requirement for late fees. State laws specify when and how a landlord may terminate a tenancy. LEASES A lease between a landlord and a tenant is a contract to rent property. The utility company must give your landlord at least 37 days notice that it will be turning off service. 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. Deciding who pays for utilities during the lease term can be stressful, but certain factors can help you make a decision. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. 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. Security Deposits in New Jersey. If your rental property offers utilities your tenants will use, then you may be wondering who should cover any associated fees. 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. Similarly, there are no legal requirements for how rent is to be paid. The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. 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. During the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy, if the landlord requires a security deposit in the amount of one months rent amount, upon termination of the lease, or on surrender and acceptance of the leasehold premises, the deposit, with interest, shall be returned to the tenant. Is a rental license required to be a landlord? Thats a statutory right, Ballenger says. Copyright 2021 Tenant Union Representative Network. If you pay this amount directly to the utility company, they cannot stop service to your home. According to Pennsylvania law (Pennsylvania Landlord and Tenant Act), tenants have certain rights, such as the right to enjoy the property without undue disturbance and the right to a safe and livable space. If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights. The notice must be given in writing and must state the nature of the repair. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. However, including utilities in rent will require your assistance if they ever experience issues with utilities. Got a question? 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. ExemptionofPropertyonPremisesUnderLeaseor SaleContractSubjecttoaSecurityInterest. This can simplify things for both landlords and tenants. 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. In the state of Pennsylvania, a rental agreement is valid wherever a tenant agrees to exchange rent for occupying a property. Get a printable renter application AND learn how to screen Pennsylvania tenants securelyfree for landlords. Learn. One method many landlords and property managers use to charge their tenants for utilities is including the estimated cost in the monthly rent. 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. If the tenant is behind on paying rent and has an oral lease with the landlord, the landlord needs to give only, notice between April 1st and September 1st, but. State and Local Government on the Net and Municode are good sources for finding local governments online. Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet. Pennsylvania has an estimated 12.8 million residents. See Filing a Security Deposit Lawsuit in Pennsylvania Justice Court for advice for tenants filing suit. Ask to speak to the supervisor and write down the name of the person you speak with. 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. Schedule rent payments in advance Landlords are legally required to provide access to these necessities, but oftentimes the lease will require the tenant to pay for their cost. Most notably, the code requires landlords to provide tenants with a copy of the City of Philadelphia Partners for Good Housingbrochure. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated. Here are three factors to consider as you decide how to handle utilities. What if my Landlord is Responsible for Paying the Utility Bills? 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. Robert Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy unit. Tenants who have lived at the dwelling unit for less than 1 year must be served a 15 days' [2] notice to vacate. Help prepare lawyers for meetings and court hearings. 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. `nv?&H2 1{{OK&G{+yr/ K`MUX7.w%7u,nRmTp9.AKHG9dLE We receive a high volume of calls each day. 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. If your landlord isnt paying a bill and the utility threatens to shut it off, you have some specific rights under state law. State law also says that you can deduct payments you make on the water bill from your rent. This overview of key landlord-tenant laws in Pennsylvania will get you started. 250.101 - 250.510-B . 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. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. If you market your rental property as utilities included, its important to explicitly state which utilities the tenants are responsible for paying in the rental listing and lease agreement. Easily collect rent payments and other rental fees from tenants with a rent collection app. how to decide if you should allow pets in your rental property, Philadelphia-specific residential lease here, Allow tenants to set up recurring payments, Track rental income and expenses in one place. 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. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. You still have to make payment arrangements on any undisputed utility bills. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. Allow tenants to set up recurring payments Furthermore, the Pennsylvania landlord-tenant laws don't currently include state rent . These cookies track visitors across websites and collect information to provide customized ads. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. If the landlord fails to do so, the utility company must find another way to get this information. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. Tenant'sExemption;Appraisement. First and foremost, you can take over monthly payments going forward, and you do not need to assume the back bill of your landlord. 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. For example, if your normal rent is $300 per month, you can countersue the landlord for $600. THE LANDLORD AND TENANT ACT OF 1951 (As amended through July, 2012) 68 P.S. 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. To go further, check out Legal Research: How to Find & Understand the Law, by Stephen Elias and the Editors of Nolo (Nolo). Tara has attended NITA (2018). Nolo's Laws and Legal Research page includes links to state and federal laws, explains how to research and understand statutes, and provides advice on finding local ordinances and court cases, including Supreme Court cases. | Design by LIMIT8, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Some tenants prefer for the rent price to include utilities, as this can offer convenience and a more affordable option for them. But what happens if they arent keeping up with payments? "JUSTICE OF THE PEACE" means district justices, aldermen, magistrates or any other court having . 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. Landlords are required to distribute Truth in Renting to . The eviction notice must be personally delivered to the tenant or posted on the dwelling. Landlord and Tenant Act of 1951. 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