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. Do landlords have to pay interest on security deposits in Pennsylvania? Alternatively, a landlord may also be able to post the tenant's deposit as a bond. See Utility Shut-Offs. the date on or after which they will turn off your utility service. The cookie is used to store the user consent for the cookies in the category "Other. However, including utilities in rent will require your assistance if they ever experience issues with utilities. 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. 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 . Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. 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 . Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. In Pennsylvania, tenants are allowed to withhold rent when a Government agency or department certifies that the premises are uninhabitable. ; Time Limit for Returns - 30 days, 15 days if leaving because of domestic violence, 5 days if forcibly evicted due to natural disaster. In a survey of our Pennsylvania landlords, 87% had a written rental agreement. In most instances, the tenant will be responsible for handling the bills for each utility. Section401. 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. . 6 0 obj Deciding who pays for utilities during the lease term can be stressful, but certain factors can help you make a decision. 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. 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. Once you receive the 30-day shutoff notice, there are things you can do as a tenant to keep the service on. Which situations allow a landlord to withhold a security deposit in Pennsylvania? The utility company has to notify you of the proposed termination within seven (7) days of the termination notice to the landlord. Heat and Hot Water Clause. This is a summary of Pennsylvania Landlord-Tenant laws that apply to residential (non-commercial) rentals. Robert Ballenger, J.D., MSW, codirector of Community Legal Services of Philadelphias energy unit. 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. All Rights Reserved. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated. The utility company is only required to provide you with one payment agreement for the same debt. Like most other contracts, it can be oral or in writing. That can cause issues for some tenants especially if you are low-income. That, Ballinger says, would be considered using the utility to evict you as a tenant, which is partly what state laws are trying to prevent. State law also says that you can deduct payments you make on the water bill from your rent. Sometimes the landlord keeps the water bill in their name, but the tenant is responsible for paying the cost. Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. f^s+w_`Bh(pb! What if my Landlord is Responsible for Paying the Utility Bills? "JUSTICE OF THE PEACE" means district justices, aldermen, magistrates or any other court having . Your lease should have a Lessee to Maintain clause, which says tenants cannot misuse or neglect water, gas, or other utilities on the premises. Please browse PhillyTenant.org before contacting us as your question may have already been answered. 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. If you pay this amount directly to the utility company, they cannot stop service to your home. 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. }!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. 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. Assist lawyers by researching . 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. Pennsylvania Security Deposit Limit and Return 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. Your rights as a tenant: Check out our tenants' rights guide. 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. If the utility wont give you notice, PhillyTenant.org suggests contacting the Water Revenue Bureau at 215-685-6300 and asking for an informal hearing request form (or, if its Peco or PGW, you can file an informal complaint with the Pennsylvania Public Utility Commission at 800-692-7380). Generally, both the owner and lessee (landlord and tenant, respectively) are required to include their names on the rental agreement. The length of payment agreements is determined by law. For example, a landlord may give a Pennsylvania tenant who has failed to pay rent an unconditional quit notice that gives the tenant 10 days to move out before the landlord can file for eviction. 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. Is|-W0o&|?r#="4[;k 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. . 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. To go further, check out Legal Research: How to Find & Understand the Law, by Stephen Elias and the Editors of Nolo (Nolo). Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.. Best practice differs based on location and circumstance. 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. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. The eviction notice must be personally delivered to the tenant or posted on the dwelling. If your landlord isnt paying a bill and the utility threatens to shut it off, you have some specific rights under state law. Can security deposits be commingled with other assets in Pennsylvania? Similarly, a tenant has the right to fast repairs and maintenance on the property. Manage Your Rentals With Landlord Software. If the utility company turned off service without prior notice, it has broken the law. 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. This overview of key landlord-tenant laws in Pennsylvania will get you started. 250.101 - 250.510-B . Generally, Pennsylvania landlord-tenant law is landlord friendly. But remember, as a tenant, you do have some rights. how you can stop the service from being terminated, the landlord's bill for the last 30 days of service, and. It is produced in cooperation with Pro Bono Net and legal aid organizations, bar associations, community organizations and government agencies throughout Pennsylvania and the United States. There are no specified lease renewal provisions in Pennsylvania. 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. He grew up in Delaware County's Morton borough and has a degree in journalism from Temple University. evidence and priority of payment as is provided by law in the case of the mortgaging of . 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. 68 P.S. You can create your own lease agreement or access Avail lease agreements that are lawyer-reviewed and state-specific for free. exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit. 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. Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. The attorney listings on this site are paid attorney advertising. after the tenant has vacated the premises. Is there a legal requirement for late fees in Pennsylvania? In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). We also use third-party cookies that help us analyze and understand how you use this website. 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. 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