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. Thats a statutory right, Ballenger says. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. And check out our tips to make your rental lease even better. California residents do not sell my data request. ?~.mnr ASHxfF"&-DzK&!s.lC|f\w_V18V)RZ)J0H))H{fnLP3J@)CzJ"+n0r~@$oB s)uC]q{o1Q % State laws specify when and how a landlord may terminate a tenancy. These laws also require those who operate transportation services to allow service animals. 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. 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. 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. 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. Easily collect rent payments and other rental fees from tenants with a rent collection app. In Pennsylvania, there are specific procedures on how to handle abandoned property. The utility company must give your landlord at least 37 days notice that it will be turning off service. If the lease is one year or more, the landlord must provide 90 days notice. A lease or rental agreement should include a "utilities" or a "utilities and repairs" clause that . 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. All rights reserved. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Usually, that means a possible or impending shutoff. Here's what you need to know. There is no legal requirement for late fees. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or "Repair and Deduct". 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. 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. 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. READ MORE: Your rights as a tenant: Check out our tenants' rights guide. Tara is a senior trial attorney with GEICO. Pennsylvania landlord-tenant law allows tenants the right to have visitors as long as they continue to observe their other obligations as a tenant. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. 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. 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. Under the act, a landlord doesn't have the right to forbid overnight guests or to limit the number of visitors a tenant has in a week or month. 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. Create an account to make a lease agreement for your rental and collect rental fees from tenants. 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. : 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 most instances, the tenant will be responsible for handling the bills for each utility. Once you receive the 30-day shutoff notice, there are things you can do as a tenant to keep the service on. There is a Pennsylvania law which protects tenants whose landlords fail to pay their bills. Termination of utility services to the mobile home. You may be required to provide a copy of the PFA to the utility company. 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. Most commonly, if your landlord is responsible for paying a utility bill, its most likely going to be the water bill, says Robert Ballenger, codirector of Community Legal Services of Philadelphias energy unit. Pennsylvania Landlord Tenant Laws are provided in the 68 P.S. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. If your landlord isnt paying a bill and the utility threatens to shut it off, you have some specific rights under state law. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. These laws also require those who operate transportation services to allow service animals. 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 . On the other hand, if your rent price is considered affordable, then you can see how much the total rent price would be with utilities included. 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. There are no provisions regarding rent control in Pennsylvania. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. after the tenant has vacated the premises. 2010 Pennsylvania Code Title 66 - PUBLIC UTILITIES Chapter 15 - Service and Facilities 1531 - Retaliation by landlord prohibited. 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. Allow tenants to set up recurring payments Pennsylvania does not have any specific pet laws. But remember, as a tenant, you do have some rights. Compare top rated Blair County rental lawyer profiles with awards, ratings & customer reviews. For details, see Pennsylvania Required Landlord Disclosures. ExemptionofPropertyonPremisesUnderLeaseor SaleContractSubjecttoaSecurityInterest. 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. 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). x\Ks WA,BM4^+-UV*C{=#ummH@ [r)_=}?*S~~:W%2iB~N+b1{S|TYs >R+x=2 Any bill you pay to get the service restored can be deducted from your rental payments. If so, for what purposes? On a month-to-month lease, the landlord is required to provide 15 days notice to tenants when there are changes to the lease. This means that there cannot be a foreign load on the tenants utility billthe tenants wiring cannot include the common areas or another apartment. | Design by LIMIT8, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. This clause informs the tenant that you agree to provide access to heat and hot water. The tenant needs to have that period of time to think through their options.. is for nonpayment of rent not withheld under section 1529 or lawfully withheld under any other right that the tenant may have by law. 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. Are there laws requiring notice before entry? If your landlord makes any change to your rental agreement or tries to evict you within six months, its considered retaliation. Tenant Laws: Utilities Utilities are basic necessary services provided to residential properties by public companies. In some states, the information on this website may be considered a lawyer referral service. 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. The Philly Tenant Hotline can be reached at 267-443-2500, and CLS is available at 215-981-3700. 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. If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights. Any landlord, agent or employee of the landlord who threatens or retaliates against a tenant can be liable for damages equal to two months rent or the actual damages sustained by the tenant, whichever is greater, and the costs of suit and reasonable attorneys fees. x\Ks# W0n8|#SJ-8T%[lrMu5^ $A [_>B+W]>mOO0:c.M]WO]Uk:}>> kLB>^! Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet. Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. Generally, Pennsylvania landlord-tenant law is landlord friendly. Call your utility company to inform them of your PFA so these special procedures and protections can put in place for you. 250.101-250.602. If you think that you could be a Victim of Crime, help is available. 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 fails to do so, the utility company must find another way to get this information. If you pay this amount directly to the utility company, they cannot stop service to your home. If the utility company turned off service without prior notice, it has broken the law. This can simplify things for both landlords and tenants. Landlord and Tenant Act of 1951. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution. 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