Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. Ask to set up a payment agreement. Who Is Responsible for Paying the Utility Bill? They include gas, electricity and water and sewer services. Once the complaint has been filed, the hearing occurs, in which both the landlord and tenant present their cases. Tenants who occupy the rental unit for two or more years are entitled to interest paid on the security deposit beginning on the 25th month of occupancy. For details, see Pennsylvania Required Landlord Disclosures. Tara has attended NITA (2018). 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 . Streamline the processes of managing a rental property by leveraging Avail landlord software. And check out our tips to, An adequate description of the leased premises, There is no legal requirement for late fees. This can simplify things for both landlords and tenants. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Section402. We recommend having a signed rental agreement, no matter how long the rental term, for added legal security. 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. Security Deposits in New Jersey. The tenant then has 10 days from the notice date to contact the landlord. If your lease is in writing, make sure that the lease outlines who is responsible to pay for utilities. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. The landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state. Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities? Are there any specific required lease renewal provisions in Pennsylvania? First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. The Pennsylvania Landlord-Tenant Act does not allow for a separate. . 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. Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. Is a security deposit required in Pennsylvania? 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. But changing the name may be complicated, depending on the situation, and your landlord could fight the change, Ballenger says. This cookie is set by GDPR Cookie Consent plugin. However, we advise separating these funds. 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. But remember, as a tenant, you do have some rights. Streamline Rent Collection for Your Rental 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. In some states, the information on this website may be considered a lawyer referral service. 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. Please see below for more on retaliation. 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. -Ze!M5^[tfPlV>*tTD~'"Z4u? Furthermore, the Pennsylvania landlord-tenant laws don't currently include state rent . The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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. If you do not believe a utility is providing a payment term you can report them to the Public Utility Commission (PUC) at, Show that you paid your bill or show that there is a disagreement (dispute) about your bill. 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. One method many landlords and property managers use to charge their tenants for utilities is including the estimated cost in the monthly rent. Your rent price should typically be based on seasonality, local rental comps, your operating expenses, and how much profit you hope to generate each month. To access the U.S. Code and Code of Federal Regulations online, see Nolo's Federal Law Resources page. If you pay this amount directly to the utility company, they cannot stop service to your home. If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. Section403. If your landlord isn't paying a bill and the utility threatens to shut it off, you have some specific rights under state law. . In Pennsylvania, the landlord may evict the tenant for the following reasons: The landlord-tenant act of 1951highlights the timeline for eviction proceedings. In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). 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. After you tell the utility about this medical condition, you will need to get a doctor or nurse practitioner to call or send a statement to the utility company confirming the medical condition. Section401. 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. 68 P.S. For details, see Pennsylvania Termination for Nonpayment of Rent, and Other Rent Rules. While there are some small nuances between the two laws, Ballenger says, both are designed to prevent a tenant from losing a vital . The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. If a rental unit is not individually metered, then the landlord is responsible for the utility billincluding any past due balance. Your rights as a tenant: Check out our tenants' rights guide. But if they experience issues with their utilities, such as no hot water, then you will need to assist with the issue to get it resolved in a timely manner. 5 0 obj 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. comply with all obligations imposed upon tenants by applicable law. The utility company is only required to provide you with one payment agreement for the same debt. The utility company must give your landlord at least 37 days notice that it will be turning off service. Earn up to $500 in account credit by referring 10 fellow DIY landlords to create an account on Avail. Read the Law: Md. Copyright 2021 Tenant Union Representative Network. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.. 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. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws. 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. Heat and Hot Water Clause. 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). 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 issues. 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. Storage Requirements for Security Deposits in Pennsylvania. Do landlords have to pay interest on security deposits in Pennsylvania? After the first ten days, the landlord may move the items to another location and charge the tenant for storage. 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. If youve decided that tenants should pay for their own utilities, then this should be stated in the lease agreement. 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. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord! Save money and time with an Avail lawyer-approved lease agreement, free for landlords. Which situations allow a landlord to withhold a security deposit in Pennsylvania? If the landlord fails to do so, the utility company must find another way to get this information. 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. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. You may also be able to apply to have future bills issued in your name. That can cause issues for some tenants especially if you are low-income. However, the law does change, sometimes quickly and unexpectedly. She is also a member of the Union County NJ Civil . 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 . 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. Landlords can vary on whether or not utilities are included in rent, but its common for some rentals to include utilities in the rent price. What if my Landlord is Responsible for Paying the Utility Bills? What are the rules and regulations pertaining to receipt of rent payments in Pennsylvania? 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. See Filing a Security Deposit Lawsuit in Pennsylvania Justice Court for advice for tenants filing suit. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Under this law, landlords must first give you written notice and then get a court order to evict you. Fair housing (housing discrimination) information is included throughout the entire handbook. x\Ks WA,BM4^+-UV*C{=#ummH@ [r)_=}?*S~~:W%2iB~N+b1{S|TYs >R+x=2 The cookie is used to store the user consent for the cookies in the category "Performance". Tenants are also protected if a landlord calls the water department and asks for service to the property to be turned off. 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. This article is part of our guide to tenants rights in Philadelphia. Visit PAVictimsHelp.orgfor more information. 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. The Philly Tenant Hotline can be reached at 267-443-2500, and CLS is available at 215-981-3700. Increase your rent price and bundle utilities and rent. Its never been easier to create, modify, and sign a rental agreement. Contact your local legal services for further assistance. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. 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. ; Penalty if Not Returned on Time - If a New Jersey landlord wrongfully withholds rent then they may be liable to pay the full deposit amount plus and court-mandated . 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. f^s+w_`Bh(pb! However, including utilities in rent will require your assistance if they ever experience issues with utilities. The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. 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. after the tenant has vacated the premises. % The premises must meet minimum standards of habitability including compliance with applicable building codes. "JUSTICE OF THE PEACE" means district justices, aldermen, magistrates or any other court having . Invoice your tenants for the utility bill each month so it perfectly matches how much they use. Your clause on heat and hot water should also specify who will pay for heat. Pennsylvania does not have any specific pet laws. On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. 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. 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. During the first year of any lease, the landlord may only charge a security deposit less than or equal to two months rent. 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. 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. 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. 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