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KNOW YOUR RIGHTSLandlord &Tenant GuideFair Housing . . . It’s Your Right!
The Know Your Rights Landlord & Tenant Guide was produced in collaboration with:December 2021This guide is your pathway to learning about your housing rights and responsibilities in Pennsylvania.Whether you are a tenant, landlord, or have another housing role, this guide is for you! At Tenfold, we believe that everyone has the right to information about how to address rental housing issues. If you have questions or concerns that are not fully addressed by the information in this guide, give our fair housing line a call: (insert number).At Tenfold, we are committed to sparking the power in all people to achieve equitable housing and nancial security. Together, our team offers a broad continuum of services, empowering our clients to overcome homelessness, access equitable rental housing, achieve their dream of homeownership, and benet from the creation of new affordable housing units through Tenfold Community Lending. Learn more at www.WeAreTenfold.org.This guide is not intended as a substitute for proper legal advice.This guide was developed in partnership with the Housing Equality Center of Pennsylvania, with support from Citizens Bank, the Patricia Kind Family Foundation, and the Health, education, and guidance from the Legal Assistance Project of Widener University School of Law. Funding for these manuals is provided by the City of Lancaster, the Lancaster County Housing & Redevelopment Authorities, the County of Lancaster, and the U.S. Department of Housing & Urban Development.For more information or content updates, please view this manual at www.WeAreTenfold.org or contact 717.291.9945 ext.110.1
Introduction 7Fair Housing 8 Fair Housing Laws 8 Types of Housing Covered by the Fair Housing Act 8 Housing Exempt from Fair Housing Laws 9 Discriminatory Statements & Discriminatory Advertising 9 Families with Children 9 Victims of Domestic Violence 10 Sexual Harassment 10 Protections for LGBT Individuals 10 NationalOrigin,ImmigrationStatus&LimitedEnglishProciency 11 Persons with Disabilities 11 ReasonableAccommodations&ModicationsforPeople with Disabilities 12 Tips for Writing Reasonable Accommodation or ModicationRequestLetters 14 SampleLetter—ReasonableAccommodationRequest 15 SampleLetter—ReasonableModicationRequest 16 Verifying Disability & Need 17 Assistance Animals 17 Accessibility & New Construction 18 What to Do If You Think You Have Experienced Housing Discrimination 18What Housing Providers Should Know 20 Common Fair Housing Mistakes Made by Housing Providers and How to Prevent Them 20 Additional Fair Housing Act Information 22Things to Consider Before Renting 242TABLE OF CONTENTS
The Application to Rent 26 QuestionsaLandlordMayAskaProspectiveTenant 26 FinancialQualicationStandards 26 TheRentalApplication 26 Rejection of an Applicant 27 Criminal Backgrounds 27 What If a Landlord Refuses to Accept a Housing Voucher or Social Security or Disability Income? 28The Lease 29 Understanding the Provisions of the Lease 29 Rent Due Date 30 Changes to the Lease 30 Common Lease Provisions 30 Unenforceable Lease Terms 30 Avoid Falling for a Rental Scam 31Before You Move In 32 Record Damages Before You Move In 32 Check with the Local Housing Inspector 32 Lead Based Paint 32 Smoke Detectors/Carbon Monoxide Detectors 33 ChecklistforInspectionofRentalUnit 34Tenants’ Rights & Responsibilities 38 Your Responsibilities as a Tenant 38 Renters Insurance 39 Neighborhood Relations 39 ProblemswithOtherTenants 40 Guests 40 AllowingOtherstoMoveIn 40 Tenants’RighttoPrivacy 41 LandlordandTenantActof1951 423
Repairs & the Implied Warranty of Habitability 46 TheRighttoaDecentPlacetoLive 46 WhatIsAdequateHeat? 46 WhatDoYouDoIfYourUnitIsNotHabitable? 47 TenantRemediesforaBreachoftheImpliedWarrantyofHabitability 48 WhoIsResponsibleforExtermination? 50 RepairsNotCoveredUndertheImpliedWarrantyofHabitability 51 SampleLetter—SeriousProblemsAffectingHabitability 52 SampleLetter—ConrmingRepairsNeeded 53 SampleLetter—RepairandDeduct 54 SampleLetter—WithholdingFull/PartialRent 55 Sample Letter—Terminating the Lease for HabitabilityReasons—1stLetter 56 Sample Letter—Terminating the Lease for HabitabilityReasons—2ndLetter 57Security Deposit 58 LimitsontheAmountoftheSecurityDeposit 58 InterestontheSecurityDeposit 59 ReturnofYourSecurityDeposit 59 ContestingDamagesChargedtoYourSecurityDeposit 59 WhatIsNormalWear&Tear? 60 WhatCantheSecurityDepositBeUsedFor? 60 StepstoGetYourSecurityDepositBackWhenYouMove 60 WhattoDoIfYourLandlordHasNotReturnedYourSecurityDeposit 61 Sample Letter—Notice to Vacate/Forwarding Address for ReturnofSecurityDeposit 63Rent Increases 644
Utility Shut-Offs 66 StepstoAvoidaUtilityShut-Off 67 WhatIfMyLandlordIsResponsibleforPayingtheUtilityBills? 68 GettingUtilityServiceBackOn 68 WhoIsResponsibleforPayingtheUtilityBills? 68 DoesThereHavetoBeanIndividualMeterforEachApartment? 68 Can My Landlord Retaliate Against Me for Asserting MyRightsRegardingUtilities? 69 CanMyLandlordShutOffMyUtilitiesBecauseIAmBehindinRent? 69 TroublePayingUtilityBills 69Falling Behind On Rent 71Eviction 72 Order of Eviction Proceedings 72 Notice to Quit 72 Court Hearing 73 Judgment 74 OrderforPossession 75 AppealProcess 76 Eviction Notice Timetables 78 Q & A: Eviction 79 Q & A: Magisterial District Court 81 What Should I Do If the House or Apartment I’m Renting Goes IntoForeclosureorIsSoldatSheriff’sSale? 84Resources 865
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It is our hope that this manual will help to guide you through a successful renting experience by providing general information and self-help resources regarding state and federal Fair Housing laws and Pennsylvania Landlord Tenant Law as it pertains to the rental of private residential property. This manual covers two major types of regulations protecting the rights of tenants in Pennsylvania.Therst,federalandstateFairHousinglaws,protectstenantsfrombeingdiscriminated against or treated in an unfair or prejudicial way due to their membership in a category that is protected under these laws. A landlord refusing to rent to someone because of their race or ethnicity is an example of housing discrimination that is illegal under Fair Housing laws. The second type of protections for tenants are those covered under Landlord Tenant Law. Pennsylvania Landlord Tenant Law protects both tenants and landlords by establishing basic regulations for the rental of residential property. Rental issues such as repairs and maintenance and eviction procedures are governed by Landlord Tenant Law.Public housing, subsidized housing, rooming houses, mobile homes, and commercial propertymayhavedifferentlawsandrequirementsandarenotdiscussedwithinthe scope of this manual.This manual is not intended as a substitute for proper legal advice.Tenfold and the Housing Equality Center cannot be held responsible for errors, omissions, or changes to the law.INTRODUCTIONINTRODUCTION7
Fair Housing LawsTitleVIIIoftheCivilRightsActof1968,asamended,isknownasThe Fair Housing Act.The Fair Housing Act is the federal law that makes it illegal to discriminate in any housing related transaction based on seven protected classes.• Race• Color• National Origin• Religion• Sex (including sexual orientation and gender identity• Disability• Familial Status (or the presence of minor children in a household, pregnant women, or anyone in the process of securing legal custody of a child)The Pennsylvania Human Relations Act is the state law protecting consumers against housing discrimination and adds two additional protected classes.• Age(over40)• Users, handlers, or trainers of assistance animals for persons with disabilitiesFair Housing laws make it illegal to discriminate against anyone based on a protected class in any of the following ways:• Refusing to rent or sell housing• Refusing to negotiate for the sale or rental of housing• Making housing unavailable or denying that housing is available• Setting different terms, conditions, or privileges for the sale or rental of housing, a mortgage loan, homeowner’s or renter’s insurance, or any other housing transaction• Advertising in a discriminatory way• Threatening or intimidating anyone exercising a fair housing right or assisting anyone else in exercising their fair housing rightsTypes of Housing Covered by the Fair Housing ActThe Fair Housing Act and the Pennsylvania Human Relations Act cover all types of housing, including:• Apartments• Mobile Home Parks• Condominiums• Single Family Homes• Public Housing• Nursing Homes• Dormitories• Group Homes for People with Disabilities8FAIR HOUSINGFAIR HOUSING
Housing Exempt from Fair Housing Laws The following types of housing do not have to comply with some portions of Fair Housing laws.Buildings with two units where the owner lives in one of the units are exempt from the Pennsylvania Human Relations Act and buildings with four units where the owner lives in one of the units are exempt from the Fair Housing Act.Housing run by religious organizations may limit occupancy to members as long as they do not discriminate based on race.Housing for Older Persons(forpeopleovertheageofeither55or62)thatmeetcertainrequirementsmayrefusetorenttofamilieswithchildren.There is never an exemption for discriminatory statements or discriminatory advertising.Discriminatory Statements & Discriminatory AdvertisingThe Fair Housing Act makes it illegal to make or publish any statement or advertisement that states a preference or limitation based on a protected class. The following are examples of illegal advertising:• “no kids”• “perfect for single or couple”• “Christian home”• “ Apartment not suitable for handicapped person”• “Italian neighborhood”Generally, a housing advertisement should describe the property being rented and not the desired renter.Families with ChildrenFamilial Status is a protected class under the Fair Housing Act. It is illegal to discriminate against individuals and families who have minor children in their household, pregnant women, or anyone securing legal custody of a child. Examples of illegal discrimination against families with children include:• “No children” policies• Refusing families due to the ages of their children (for example, not allowing children under the age of 7)• Rejecting families based on the presence of lead based paint• Segregatinghousingsothatchildrenareonlyallowedoncertainoorsorincertainbuildings• Refusing to rent to a family with children because of “unsafe conditions” or the apart-ment is “not suitable for children”9FAIR HOUSING
• Stating that parents and children or boys and girls cannot share a bedroom—these types of decisions are the parents’ choice to make• Evicting a family or individual because of pregnancy or a child joining the family by birth, adoption, or legal custody• Overly restrictive occupancy policies and per capita charges for each additional occupant may violate the Fair Housing Act in some circumstancesVictims of Domestic Violence• It is illegal to discriminate against someone due to a history of experiencing domestic violence.• Refusing to rent to someone because they have been a victim of domestic violence violates the Fair Housing Act.• A zero tolerance policy for crime that is applied to victims of domestic violence violates the Fair Housing Act. (Example: A landlord has a zero tolerance policy for crime committed on the property. One of the tenants is a victim of domestic violence, and she calls the police when her abuser shows up at her apartment in violation of a protection from abuse order. The abuser is arrested. It would violate the Fair Housing Act for the landlord to evict the tenant because of the zero tolerance policy.) Sexual HarassmentSexual harassment is illegal under the Fair Housing Act. It is illegal for a housing provider to demand sexual favors in exchange for housing or for making repairs. Statements such as“GooutwithmeandI’llreduceyourrent”or“GooutwithmeandI’llxyourroof”constituteunlawful sexual harassment under the Fair Housing Act. It is also unlawful for a housing provider to create or allow a hostile environment. Unwelcome offensive or sexual conduct, remarks of a sexual nature, or unwelcome touching by a landlord or a landlord’s employee, constitute a hostile environment and are unlawful. Protections for LGBT IndividualsNeither the Fair Housing Act nor the Pennsylvania Human Relations Act include sexual orienta-tion, gender expression, or gender identity as protected classes. However, federal fair housing guidance states that HUD will investigate complaints of sex discrimination, including discrimina-tion because of gender identity or sexual orientation, and enforce the Fair Housing Act where it ndssuchdiscriminationoccurred.Additionally,somelocalmunicipalitieshavepassedordi-nances prohibiting discrimination based on sexual orientation, gender expression, or gender identity. Check with your local government for more information.In addition, the National Association of Realtors® Code of Ethics prohibits Realtors® from discriminatingbasedonsexualorientation.HUD’sEqualAccessRuleprohibitsHUDfundedhousing programs from discriminating based on sexual orientation, gender identity or marital status.10FAIR HOUSING
National Origin, Immigration Status & Limited English ProciencyEvery person in the United States is protected by the Fair Housing Act. A person’s immigration status does not affect his or her fair housing rights. It is illegal to discrimi-nate against someone because of his or her own or ancestral place of origin or because of their cultural or ethnic background or language. It is illegal to discriminate against someone who appears to be of a certain ethnic background, even if the individual is not.Landlordsareallowedtorequestimmigrationdocumentationandconductinquiriestodetermine whether a potential renter meets the criteria for rental, as long as the same process is applied to all potential renters. Singling out only some individuals to prove their immigration status because of their national origin is a violation the Fair Housing Act (for example, asking only Mexican or Latino immigrants for proof of immigration status and not other applicants).Additionally,itisillegaltodiscriminateagainstsomeonebecauseofalimitedprociencyin English. Statements such as “all tenants must speak English” or treating tenants differentlybecausetheirEnglishisnotprocientviolatesthelaw.Programsthatreceivefederal funds have an additional responsibility to provide interpreters and translators for individualswhoarenotprocientinEnglish.Persons with DisabilitiesAdisabilityisdenedintheFairHousingAct as a physical or mental impairment that substantially limits one or more of a person’s “major life activities.” Major life activities can include caring for one’s self, walking, seeing, hearing, speaking, breath-ing,learning,andworking.Thedenition of disability under the Fair Housing Act also includes people who have a history of an impairment and people who are perceived as having an impairment (even if they are not actually disabled). Disabilities may include mental or emotional illness,difcultiesassociatedwithaging,HIV/AIDS, and those recovering from alcoholism or drug addiction (individuals who are currently using illegal drugs are not protected).11FAIR HOUSING
Reasonable Accommodations & Modications for People with DisabilitiesA reasonable accommodation is a change in rules, policies, practices, or services that enables a person with a disability an equal opportunity to use and enjoy a dwelling. A person with a disability must notify the housing provider if a reasonable accommodation is needed and the housing provider must grant the request if it is reasonable. There must be a connection between the disability and the need for the accommodation. Typically, accommodations will be a matter of negotiating what will serve both the housing provider and the disabled person best.Examples of reasonable accommodations include:• Assigning a person with a disability a reserved parking spot near their unit even though tenantparkingisgenerallyonarstcome,rstservedbasis• Allowing a person with a disability to keep an assistance animal despite a “no pets” policy• Allowingadisabledtenantwhoreceivesdisabilitychecksonthe5thofeverymonthtopay rent after the 1st of the month without a late feeA reasonable modication is a change in the physical structure of a dwelling that enables a person with a disability an equal opportunity to use and enjoy that dwelling. In many cases, individualized modications to a dwelling enable persons with a disability to live in a space that they would otherwise be physically unable to live in. This includes the interior and exterior of a building or a unit, including public and common-use areas.Examples of reasonable modications include:• Allowing a tenant who uses a wheelchair to install a ramp access to the entrance of the dwelling• Allowing a tenant to install grab bars in the bathroom• Allowing a tenant to install visual or tactile alert devicesNormally,theexpenseofreasonablemodicationsistheresponsibilityofthetenantunless the housing is federally subsidized (such as a Public Housing Authority). Federally fundedhousingprojectsmayberequiredtopayforreasonablemodicationsrequestedby a disabled tenant.Privatehousingproviderscanrequirethatthetenantuseacertiedcontractortodotheworkandcanrequirethatthetenantrestorethedwellingtoitsoriginalconditionupon12FAIR HOUSING
movingoutoftheunitifthemodicationwillinterferewiththenexttenant’suseandenjoyment of the premises. For example, if a tenant has a ramp to the laundry room built in a multi-unit apartment complex, the ramp does not need to be removed because it is locatedinacommonuseareaandmaybebenecialtofuturetenants.However,ifcabinets in a tenant’s kitchen are moved lower to provide more mobility to a wheelchair user, the cabinets may have to be returned to their original height.If restorations to the dwelling will be necessary when a tenant moves out, a housing providermayrequestpaymentbythetenantintoaninterest-bearingescrowaccount.Such payments may be made over a reasonable period and the amount must be reasonable and cannot exceed the cost of the restorations. The interest from the accountaccruestothebenetofthetenant.Tenantsneedingtomakeextensivemodi-cations to a rental unit, should consider negotiating a longer lease with the landlord.When must a housing provider grant a reasonable accommodation or modication request?A housing provider must grant a request for a reasonable accommodation or reasonable modication if:• the person making the request ts the denition of a person with a disability,• the person needs what they are requesting because of their disability, and • the request is “reasonable”. A housing provider may not stall or delay in responding to a request for reasonable accommodation or reasonable modication.What is Reasonable?A request for an accommodation or modication is considered reasonable if that request:• does not cause an undue nancial and administrative burden to the housing provider,• does not cause a basic change in the nature of the housing program available,• will not cause harm or damage to others,• is technologically possible.Example 1: It would be unreasonable for a person with a disability to ask that their landlord assist them with their meals, unless the housing provider was already in the business of providing meal support (such as in an assisted living facility).Example 2:Ifapersonbecomesdisabledandcannolongeraccesstheir3rdoorapartment in a non-elevator building, it would be unreasonable (and probably architec-13FAIR HOUSING
turallyimpossible)torequestthelandlordallowthetenanttobuildanelevator.Amorereasonablerequestwouldbetorequestatransfertoarstoorapartment.Ifthatisnotpossible, the tenant could negotiate with the landlord for an early release from the lease.If the accommodation or modication proposed by a tenant is unreasonable, the housing provider must engage in an interactive dialogue to determine if there is another solution that will meet the tenant’s needs.Tips for Writing Reasonable Accommodation or Modication Request LettersItistheresponsibilityofthetenant(orarepresentativeofthetenant)torequestanaccommodationormodication.Alandlordcannotbeexpectedtopredictoranticipateanindividual’sneeds.AlthoughnotrequiredbytheFairHousingAct,itisrecommendedthatrequestsforreasonableaccommodationsormodicationsbemadeinwritingforproper documentation and include proof that the tenant has a covered disability and the needforanaccommodationormodication.Your letter should:1. state where you live and who is responsible for the building;2. indicatethatyouqualifyasapersonwithadisabilityasdenedbytheFairHousing Act (it is not necessary to reveal the nature or severity of your disability);3. describe the policy, rule, or architectur-al barrier that is problematic to you;4. describe how this policy or barrier interferes with your needs, rights, or enjoyment of your housing;5. in clear and concise language, describe the accommodation you are seeking for the policy, rule, or barrier;6. cite the applicable law that protects your rights;7. for accommodations use: Fair Housing ActAmendmentsSec.804(42U.S.C.3604)(f)(3)(B);8. formodicationsuse:FairHousingActAmendments,Sec.804(42U.S.C.3604)(f)(3)(A);9. ask for a written response within a certain amount of time;10. contain a signature and date of request,rememberingtokeepacopyofyourrequestforyourles.See Sample Letters; Reasonable Accommodation and Sample Letters; Reasonable Modication Requests14FAIR HOUSING
Your Name Your AddressDateLandlord’s Name Landlord’s AddressDear {Enter Landlord’s Name}:I live at {enter address}. I (or a member of my household)amapersonwithadisabilityasdenedbytheFairHousingAct.IamwritingtorequestareasonableaccommodationunderthefederalFair Housing Act. POSSIBLE REQUEST 1: Iamrequestingpermissionforanassistanceanimaltoassistwithdailyliving.Iunderstandthatourbuilding’srulesstateano-petpolicy.However,Iamrequestingthatyoumakeareasonableaccommodation in the building’s rules to permit an assistance animal in my apartment. POSSIBLE REQUEST 2: Iamrequestingareservedparkingspaceclosesttomyunit.Iunderstandparkingisonarstcome,rstservebasis,butduetomylimitedmobility,Iamrequestingareservedparkingspaceclosest to my unit.POSSIBLE REQUEST 3: Iamrequestingtopaymyrentonthe6thofthemonthwithoutbeingassessedalatefee.Ireceivemydisabilitychecksonthe5thofthemonth.AccordingtotheFairHousingActAmendmentsSec.804(42U.S.C.3604)(f)(3)(B),(3) For purposes of this subsection, discrimination includes-- (B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. Denying a reasonable accommodation request for a person with a disability is a violation of the Fair Housing Act.You can refer to the Joint Statement from the U.S. Department of Housing and Urban Develop-ment and the Department of Justice detailing the obligations of housing providers under the Fair Housing Act to make reasonable accommodations for persons with disabilities. You can access thisJointStatementbyvisitingequalhousing.organdclickingontheLandlordResourceCenter.Pleaserespondinwritingtomyrequestwithintendaysfromthedateofthisletter.Ilookforwardto your response and appreciate your attention to this critical matter.Sincerely, Your Signature Print Your NameSAMPLE LETTER REASONABLE ACCOMMODATION REQUEST15FAIR HOUSING
Your Name Your AddressDateLandlord’s Name Landlord’s AddressDear {Enter Landlord’s Name}:I live at {enter address}. I (or a member of my household)amapersonwithadisabilityasdenedbytheFairHousingAct.Iamwritingtorequestpermissiontomakeareasonablemodicationunder the federal Fair Housing Act. POSSIBLE REQUEST 1: Iamrequestingpermissiontoinstallarampattheentrancetomyapartment.POSSIBLE REQUEST 2: Iamrequestingpermissiontoinstallgrabbarsinthebathroom.POSSIBLE REQUEST 3: Iamrequestingpermissiontoinstallvisualsmokedetectorsinmyapartment.AccordingtotheFairHousingActAmendments(42U.S.C.3604)(f)(3)(A),andPennsylvaniastatefairhousinglaw,housingprovidersmustallowtenantstomakereasonablemodicationsasnecessary to afford a person with a disability full enjoyment of the premises. Denying a reasonable modicationrequestforapersonwithadisabilityisaviolationoftheFederalFairHousingAct.You can refer to the Joint Statement from the U.S. Department of Housing and Urban Develop-ment and the Department of Justice detailing the obligations of housing providers under the Fair Housing Act to make reasonable accommodations for persons with disabilities. You can access thisJointStatementbyvisitingequalhousing.organdclickingontheLandlordResourceCenter.Pleaserespondinwritingtomyrequestwithintendaysfromthedateofthisletter.Ilookforwardto your response and appreciate your attention to this critical matter.Sincerely, Your Signature Print Your NameSAMPLE LETTER REASONABLE MODIFICATION REQUEST16FAIR HOUSING
Verifying Disability & NeedWhen can a Housing Provider Ask for Verication of a Disability and Need for a Reasonable Accommodation or Modication?Ifthedisabilityisobviousandneedforthereasonableaccommodationormodicationisalso obvious, the housing provider cannot ask for additional documentation (for exam-ple, a person with a visual impairment who uses a guide dog).Ifthedisabilityisobvious,buttheneedforthereasonableaccommodationormodica-tionisnotclear,thehousingproviderisonlyallowedtorequestinformationtoevaluatethe disability related need (for example, a person with a visual impairment who has an emotional support cat).Ifboththedisabilityandtheneedarenotclear,thehousingprovidermayrequestdocumentation that a tenant has a disability and has a disability related need for the reasonableaccommodationormodication(forexample,apersonwithamentalhealthdiagnosis or post-traumatic stress disorder who has an emotional support animal).A housing provider may not ask:• The nature or severity of a disability• Questionsthatwouldrequireyoutowaiveyourrightstocondentialityregarding your medical condition or history• To see your medical recordsAssistance AnimalsAssistance animals for people with disabilities are not pets. Assistance animals are animals that work, provideassistance,orperformtasksforthebenetof a person with a disability—including providing support for mental or emotional disabilities. Emotional support animals alleviate one or more identiedsymptomsoreffectsofaperson’sdisability. A housing provider may not deny occu-pancy or evict a person with a disability because an assistanceanimalisrequired.Under the Fair Housing Act an assistance animal is notrequiredtohaveformaltrainingorcertication,andahousingproviderisnotallowedtorequireproofthattheanimalhasbeencertied,trained,or17FAIR HOUSING
licensed as a service animal. Policies limiting the size, weight, or type of pets allowed do not apply to assistance animals. Pet fees and/or pet security deposits must be waived for assistance animals. Accessibility & New ConstructionUndertheFairHousingAct,singlestoryunitsinnewmultifamilyhousingbuiltforrstoccupancy after March 13, 1991 must be accessible if the buildings contain four or more unitsandiftheunitsareeitherlocatedontherstoororareservedbyanelevator.TocomplywiththeaccessibilityrequirementsoftheFairHousingAct,thehousingmustinclude the following features:• An accessible building entrance on an accessible route• Accessible public and common-use areas• Doors that allow passage by a person in a wheelchair• Accessible route into and through the dwelling unit• Light switches, electrical outlets, thermostats and other environmental controls in accessible locations• Reinforcements in bathroom walls for later installation of grab bars• Kitchens and bathrooms that allow a wheelchair user to maneuver about the spaceWhat to Do If You Think You Have Experienced Housing DiscriminationIf you believe you have experienced housing discrimination, it is important to maintain records and documentation with names, dates, and details regarding the incident to help prove your case. There are several options for pursuing a housing discrimination complaint against a landlord.FairhousingcomplaintscanbeledwiththeU.S.DepartmentofHousingandUrbanDevelopment for up to one year from the incident or with the Pennsylvania Human Relations Commission for up to 180 days from the incident. In addition, a lawsuit can be ledinfederalcourtforuptotwoyears.Ifalandlordisfoundtohavediscriminated,thevictims of that housing discrimination can be awarded out-of-pocket costs incurred while obtaining alternative housing and any additional costs associated with that housing. Non-economic damages for humiliation, mental anguish, or other psychological injuries may also be recovered. 18FAIR HOUSING
For a free Landlord or Tenant Fair Housing consultation or for technical assistance in ling a Fair Housing compliant in Lancaster and York counties, calltheTenfoldFairHousingLineat717-299-7840orvisitusatwww.WeAreTenfold.org.ToleacomplaintwiththePennsylvania Human Relations Commission, call 215-560-2496orvisitwww.phrc.pa.gov.If you live in the City of Philadelphia or in Bucks, Chester, Delaware, Lehigh, Montgomery, or Northampton counties in Pennsylvania, you can call the Housing Equality Center for counseling, investigation, and options for enforcement basedonthecircumstancesofyourcase.Callusat267-419-8918or866-540-FAIR(3247)oremailinfo@equalhousing.orgorvisitequalhousing.org.ToleacomplaintwiththeU.S. Department of Housing and Urban Development, callHUD’sHousingDiscriminationHotlineat1-800-669-9777orvisitwww.hud.gov. 19FAIR HOUSING
Common Fair Housing Mistakes Made by Housing Providers and How to Prevent Them1. Failure to Keep Records Evenlandlordswhoarecommittedtofairhousingcanndthemselvesfacingafairhousing complaint—or even a lawsuit. Practicing fair housing in all aspects of your interactions with tenants and prospective tenants is the best defense in a housing discrimination complaint.2. Inconsistency in Application of Terms and Conditions Terms and conditions should be equally and consistently applied. It may be difcult to defend against complaints of discrimination if the manager or landlord has applied rules more stringently to current or future tenants.3. Retaliation The Fair Housing Act makes it unlawful to coerce, intimidate, threaten, or interfere with any person who exercises his or her rights that are protected by law. Therefore, if a tenant les a complaint with any state, local, or federal agency, the housing provider must allow that tenant to exercise that right.4. All-Adult or Adult Complex In 1988 Congress amended the Federal Fair Housing Act to prohibit discrimination based on familial status (the presence of children under the age of 18). It is illegal to exclude families with children from housing unless the unit is classied as housing for older persons. Policies and procedures must demonstrate an intent to provide housing for persons ages 55 or older, housing occupied by persons 62 years of age or older, or that at least 80% of the units are occupied by one or more persons age 55 or older.5. Violation of Familial Status Laws Out of Concerns for Safety Safety rules must be carefully developed to avoid conict with laws prohibiting discrimination against families with children. A manager or landlord may unknowingly violate the law while attempting to implement safety rules. Illegal practices include refusing to rent to families with small children out of concern for swimming pool safety, prohibiting use of recreational area by children, and refusing to rent upstairs units with balconies to families with children.6. Failure to Reasonably Accommodate Persons with a Disability It is a violation of the local, state, and federal Fair Housing Acts to:• refuse to rent to a person with a disability;• refusereasonablemodicationswhensuchmodicationsmaybenecessaryforthetenant to be able to use and enjoy the dwelling; WHAT HOUSING PROVIDERS SHOULD KNOW HOUSING PROVIDER20
• refuse to waive or modify policies, practices, procedures, or services when such accommodations would allow the tenant to be able to use and enjoy the dwelling. Request for accommodations and modications from tenants with disabilities must be reasonable; however, if your property accepts federal funding (Section 8, Tax Credit Property, Housing Authority, etc.), you may be required to pay for the accommodation or modication. Management has the right to request documentation of the disability from a person in the medical or physical therapy eld. The request for accommodation should not be an undue administrative or nancial burden; therefore, a landlord may ask that the tenant put money in escrow to return the property to its original condition if modications cannot be used by future tenants, and he or she may ask that the alterations be made by a certied contractor. NOTE: In Lancaster County, housing for persons with physical disability is in short supply; therefore, if you have a unit that has been modied, it is a marketable property that could rent very quickly. EXAMPLE: A landlord would be required to assign a parking space to a mobility- impaired tenant if the tenant requests such a reasonable accommodation, even if parking spaces are not typically assigned to tenants. The space should be the nearest to the accessible route.7. Failure to Clearly Convey Your Commitment to the Fair Housing Managers and All Agents of Your Company Many fair housing complaints arise out of a single questionable rental decision made by a leasing agent, manager, or maintenance employee who terminates employment and leaves the landlord responsible. Remind tenants and staff of your commitment to fair housing. Display fair housing posters in prominent locations. Periodically distribute a statement of your commitment to fair housing to tenants and staff in the community newsletter or bulletin.8. Failure to Train Entire Staff Laws change. Congress passes new laws and amendments. Court decisions add new meaning to existing laws. A manager, leasing agent, or maintenance employee may inadvertently break the law, not realizing that the law has changed. Have your entire staff attend a training seminar in fair housing at least once per year. If your business is within Lancaster and York counties, training is provided by the Housing Rights & Resources Center at Tenfold. Call (717) 291-9945, ext. 109.9. Unreasonable Occupancy Standards The Department of Housing and Urban Development states that a two-person-per-bedroom-occupancy limit is presumed to be reasonable where there are no local occupancy standards. Depending upon the circumstances, however, such a limit HOUSING PROVIDER21
may be challenged, and anything less than two persons per bedroom may violate the fair housing laws by having an adverse impact against families with children. Also, whatever occupancy standards that exist must be applied consistently.10. Failure to Communicate with Your Tenants “Effective communication skills” may be an overused phrase, but it is an invaluable one in landlord-tenant relations. Clearly convey and patiently explain to your tenants any decision or action you take that may have a negative impact on their housing situation. For example, the strong language in a “Notice to Quit” violation often signals to tenants that they are being evicted. Explain to the tenant that the purpose of the warning is to correct the identied violation. This may prevent a call to a Fair Housing Agency.Additional Fair Housing Act InformationHousing Covered by The Fair Housing ActAccording to the federal Fair Housing Act and Pennsylvania Human Relations Act, the following housing is covered under the Acts:• Apartments rented or leased• Mobile home parks• Housingnanced,sold,orrented• Condominiums• Landbeingnanced,sold,orleasedHousing Discrimination Can Be Expensive• Under the fair housing laws, actual and punitive damages as well as the recovery of court costs and legal fees may be awarded to victims. In addition, civil penalties may be imposed.• Otherequitablereliefmayinclude,butisnotlimitedto,accesstothedwellingunitinvolved in the complaint or a comparable unit and the provisions of services or facilities in connection with the dwelling. • Injunctive relief appropriate to the elimination of discriminatory housing practices may also become an issue.Protect Yourself• Take all complaints seriously.• Don’tbeafraidtoaskquestionsorget an explanation from the agency investigating the complaint.• Establish policies, procedures, and guidelines in writing ahead of time, and follow them in every case.• Make sure that all actions, policies, and procedures are based on legitimate, non-discriminatory business factors.• Have accurate, complete records available to demonstrate that these policies, procedures, and guidelines were followed in similar cases.HOUSING PROVIDER22
This is an 8-hour certicate rental education course developed to increase your understanding of:Credit basics - Effective Landlord/Tenant Communication - Owning & Discussing Your Personal History - Renting Basics and More from Professionals in the FieldREGISTER TODAY!www.WeAreTenfold.orgRentalAdvantageCourseYour doorway to a brighter future.Funding made possible by: Curriculum collaboration:$25Coursefeeincludeslightbreakfastandlunch. Ask about scholarship opportunities.23
When looking for an apartment there are many factors to consider. Below are some of the most important things to think about and keep in mind as you begin your housing search and view available units.CostIstheapartmentaffordable?Yourrentandutilitiesshouldonlyamounttoabout40%ofyour monthly income. Have there been rent increases in the past few years? How much? What is included in the rent? Find out who is responsible to pay for heat, gas, electric, hot water, water/sewer, recycling, and trash removal. Ask for a history of monthly utility expenses so you know what to expect.LocationIs the residence convenient to your place of employment, school, childcare, public transportation, shopping, and medical care?SecurityIs the property and surrounding area well maintained and safe? Do doors, windows, and entrances to the building have secure working locks and are all usable for exit in the event of an emergency? HealthIs there evidence of rodents or insects? If such a problem does arise, will the landlord payforextermination?Isthereaking,peelingpaint?Bewareofleadpoisoningfromleadpaint, especially if you have children.Fire Safety/Smoke DetectorsArethereescapeseasytogetto?Isthereareextinguisherreadilyavailable?Aretheresmoke detectors? Are the smoke detectors operational? Who is responsible for their maintenance?Pennsylvanialawrequiresthatthelandlordprovideaworkingsmokealarmin each unit. NeighborsIstheapartmentquiet?Canyouhearyourneighbors beside, above, or below you? Ask others in the apartment complex about the positive and negative aspects of living there.StructuralAre the stairs safe and well lit? Are the windows eroding? Is wood cracked, rotting, water damaged, BEFORE RENTING24THINGS TO CONSIDER BEFORE RENTING
or termite infested? Does the landlord provide storm windows, screens, and shades? Are theoorssolidandwithoutholes,cracks,orsplinters?Makesurenotilesoroorboardsare missing. Are there any cracks or holes in the walls? Make sure there is no loose or falling plaster. Are the walls and ceilings painted or wallpapered and without cracks?UtilitiesHeat: Check the furnace or other source of heat. Make sure the heating source is accessible and working effectively. Check for drafts from windows and doors.Water: There should be hot and cold running water. Check to see if water pressure is strong. Locate the turn-off valve.Sewer:Dotoiletsushproperly?Checkforanydrainageproblemsinsinksandtubs.Istheooringaroundthetubsandtoiletssoundandsolid?Electricity:Arethereenoughelectricaloutlets?Isthewiringadequatetohandleanyappliance you may want to bring with you into the unit? Look for broken or frayed wiring orlightxtureshangingfromawirewithnosupports,asthesearesafetyhazards.Locatefuse boxes and breakers.Trash Removal: What is the policy for trash removal? Are there trash receptacles or dumpsters? Are they secure from rodents?Heating, Ventilation & Air ConditioningDo you have access to the air conditioning and heating temperature controls? Will you be able to control the heat, or will the landlord control the heat? Usually if heat is included in the rent, the landlord controls the heat. StorageIs there a storage area inside/outside the rental unit?Furnishings & AppliancesWhat is included in the apartment? Ask if refrigerator, washer and dryer, drapes, blinds, carpet, or other furniture is included in the rental unit. Who is responsible to pay for those items if they need repair?Laundry RoomIsitsafeandsecure?Isitcleanandwelllit?Isitopen24hoursorisaccessrestrictedtocertain hours? Is it restricted to resident use only?BEFORE RENTING25
APPLYING FOR RENTQuestions a Landlord May Ask a Prospective TenantHousingprovidersmayinquireintoanapplicant’sabilitytomeettenancyrequirements.Thismeansalandlordmayaskwhetheryouhavesufcientincometobeabletopaytherent,whetheryouarewillingtocomplywiththebuilding’srules,andotherquestionsrelating directly to tenancy. A housing provider may also adopt and apply uniform, objective, and nondiscriminatory criteria designed to evaluate a prospective tenant’s creditworthiness,suchasimposingcreditorcriminalbackgroundchecks.Anyquestionsaskedbyahousingprovidermustbeaskedtoallapplicantsonanequalopportunitybasis, without regard to race, color, religion, national origin, gender, familial status, or disability. Please refer to the section on Fair Housing Law for an explanation of unlawful housing discrimination. You cannot be rejected for an apartment because of your race, color, religion, national origin, sex, disability, because you have children, or because you areovertheageof40.Financial Qualication StandardsEachlandlordmayhavehisorherownnancialqualicationstandards.Aformulausedbymanylandlordstoqualifyarenteris:Monthlynetincomex40%=whatarentercanaffordtopayforrentandutilitiescombinedForexample:$1,500/monthx.40=$600permonthforrentandutilitiescombinedOtherlandlordsmayrequirethathouseholdsmakethreetimesorfourtimesthemonthlyrentinordertoqualifyforanapartment.Ifaprospectiverenterappliesforanapartmentanddoesnotmeettheincomequalications,thispersonismorelikelytohavedifcultypaying the rent because other expenses such as car payments, child care, medical expenses, food, clothing, etc., must be covered.The Rental ApplicationThepropertymanagerorlandlordmayaskaprospectiverentertolloutarentalapplication.Thisapplicationmayrequest:• Credit references and other credit background information• A list of past landlords including telephone numbers and addresses• An employment history, including salary information• An application fee that may be non-refundable• First month rent, plus a security depositProspective tenants should always read the application carefully so that they are aware of thepossibleconsequencesshouldtheydecidenottotaketherentalunit.26THE APPLICATION TO RENT
APPLYING FOR RENTIf the landlord requires a security deposit at the time of application, ask if the deposit is non-refundable. Be sure to get a receipt for all monies paid.Ask to read the proposed lease before signing the rental application since you may be binding yourself to the lease as it is without negotiation of its terms.Rejection of an ApplicantThere is a variety of lawful reasons that a landlord may deny a prospective rental applicant.Inadditiontonotmeetingthenancialqualicationstandards,poorcreditscores, bad landlord references, and/or prior judgments entered against the rental applicant by a court could all lead to rejection of your application. If a tenant or prospective applicant refuses to or is unable to comply with the rules that apply to all tenants, or if the individual would pose a direct physical threat to the health or safety of others, then the housing provider can reject that applicant.Criminal BackgroundsCan a landlord refuse to rent to someone with a criminal background? Yes—but it depends on the circumstances. The U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that because of the racial disparities in the criminal justice system, blanket bans (or refusing to rent to anyone with any type of criminal history, regardless of circumstances) would most likely have a greater impact on Black or Latino applicants, and as such, could violate the Fair Housing Act. HUD’s guidance states that housing providers need to consider the nature and severity of a crime and the amount of time that has passed to determine if the person would pose a direct threat to the health and safety of other residents. The guidance issued by HUD states that a mere arrest does not indicate guilt and a person should not be denied housing based on an arrest without a conviction. Furthermore, housing providers must applycriteriaequallytoall applicants and tenants, regardless of protected class. Using criminal background as a pretext for discrimination based on a protected class is illegal.There is an exception to the HUD guidance on criminal backgrounds. If a person possesses a conviction for the manufacture and/or distribution of illegal controlled substances, they can legally be denied housing and the landlord is not in violation of the Fair Housing Act. Note: this exception does not include either arrests for drug charges that do not lead to conviction or convictions for possession only.27
APPLYING FOR RENTWhat If a Landlord Refuses to Accept a Housing Voucher or Social Security or Disability Income?In Pennsylvania, source of income is not a protected class, meaning that a landlord can refuse to rent to individuals who hold a Housing Choice Voucher from the Housing Authority. Various localities within Pennsylvania have added source of income as a protectedclass.Contactyourlocalgovernmentormunicipalitytondoutifsourceofincome is a protected class in your area and what recourse your community offers if you have been denied housing based on your source of income.SocialSecurityorSocialSecurityDisabilityIncomeisveriableincomewhichisdirectlyrelatedtobeingamemberofaprotectedclass(ageover40and/ordisability).Refusaltoapprove an application because a prospective tenant is not employed could be unlawful discriminationiftheprospectivetenanthasotherveriableincomesuchassocialsecurityordisabilitythatwouldnanciallyqualifythemtorent.28
Understanding the Provisions of the LeaseA lease, either written or oral, is a contract which transfers possession and use of a rentalpropertytoatenantforaspeciedtimeperiod.Theleaseshoulddenetherespectiverightsandobligationsofthelandlordandthetenant.ThePlainLanguageConsumerContractActrequiresthatallresidentialleasesbe written, organized, and designed so that they are easy to read and understand. If a tenanthasdifcultyunderstandingalease,heorsheshouldaskforhelporcontactalocal agency who can assist a tenant.• Remember, a lease is a legally binding contract. You are legally responsible for all the provisions in a lease you have signed.• Make sure you understand the terms of the lease before you sign it. By signing it, you agree to its terms and conditions for the duration of the lease agreement.• Makesurethatallblanksarecrossedoutorlledinbeforeyousignanything.• Make sure you get a copy of the entire lease. Do not accept the landlord saying he/she will give you a copy later. You will want to make sure the following is included in your lease and that you understand the terms:• the landlord’s, street address, and telephone number for emergencies;• your name and the name of others who are permitted to occupy the unit;• address of the rental property.• Amountofmonthlyrent—makesureyoundouthow,where,when,andtowhom the rent is to be paid• Rent due date • Late fees—are they reasonable?• Start and end date of the lease: Is it a one-year lease or a month-to-month lease? Make sure you can commit to paying the rent for the entire rental period. • Requirementsfornoticestorenew/terminateleases:Howmuchnoticedoesthelandlord have to give you to move out and how much notice do you have to give the landlord when you want to move out? (Note that in PA, leases can waive or shorten the statutorynoticeperiodrequiredbeforelinganeviction.)• Does the lease renew on a yearly basis or does it revert to a month-to-month lease aftertherstyear?THE LEASE29THE LEASE
• Securitydeposit:Makesureyouunderstandwhatwillberequiredofyouwhenyoumove out of the rental unit so that you can receive your security deposit back • Utilities: Who is responsible for paying for each utility?• Maintenance: What are the tenant’s responsibilities for maintenance and who do you contact when repairs are needed?• What appliances are included in the lease?• Pet agreement and any pet security deposit (remember, security deposits and pet fees may not be charged for assistance animals)Rent Due DateMostleasesstatethatrentisdueontherstofthemonth.Youhaveanobligationtomakesurethatyourrentispaidbytheduedatespeciedinthelease.Evenifyourlandlord tells you it is okay if you are a few days late, you are still bound by the terms of the lease regarding late fees and other penalties.Changes to the LeaseAny changes to the lease should not be made until the beginning of a new rental period, which is when you and your landlord renew the lease, unless both parties agree to a proposedchangebeforetheendoftheleaseterm.Unlesstheleasespecieshowchangesaretobemade,thelandlordwillberequiredtogiveonefullrentalperiodbefore the change is to take place.Common Lease Provisions• Tenants must keep the dwelling clean• Tenants may be prohibited from subletting the dwelling without the landlord’s consent• Tenants may be prohibited from moving or breaking the lease without giving proper notice• Landlords are permitted to enter the property at reasonable times for inspection, repair, or to show it to potential tenants, provided current tenants are given prior notice• The name of person to contact and how to reach that individual for maintenance and repairs should also be included• A list of regulations the tenant is expected to follow may be included in the leaseUnenforceable Lease ProvisionsTenants are usually bound by the terms and conditions of the lease they sign; however, some terms and conditions are legally unenforceable in court.THE LEASE30
Examples of unenforceable lease terms and conditions include:• While tenants can be held liable for damages to an apartment, they cannot be made responsible for all normal maintenance and repairs, or all repairs under a certain dollar amount. • The tenant cannot be made to accept the house or apartment “as is.” Under the Implied Warranty of Habitability, the facilities and services provided at the leased premises must allow the unit to be occupied for its reasonably intended purpose as a dwelling unit. (Please refer to the section on Repairs and the Implied Warranty of Habitability.)• The tenant cannot waive the right to represent himself/herself in a court of law.• The tenant cannot be made to agree that if he/she breaks any promise in the lease, the landlord has the right to break into the apartment, change the locks, and seize the tenant’s possessions.• The landlord cannot make the tenant agree to waive his or her rights to a hearing or confession of judgment. REMEMBER: Read the lease carefully before signing it! Get everything in writing!Avoid Falling for a Rental ScamSome rental ads may not be legitimate. Scammers regularly advertise rentals that do not exist, that they do not own, or are not available. They also copy actual rental listings, change the contact and e-mail information, and place the altered ads in newspapers and websites to trick as many people as they can out of money.You can avoid falling for rental listing scams by remembering these tips:• Never wire money or send a check to someone you have never met for an apartment you have never seen. If you cannot meet the landlord in person because she is living or traveling out of the country, or if you cannot see the actual apartment before you pay application fees, a security deposit, or sign a lease, keep looking. Wiring money is the same as sending cash—once you send it, you cannot get it back.• Do not be rushed into a decision. If you receive an e-mail pressuring you to make an on-the-spotdecisionforarental,itcouldbearedag.Ignoreitandmoveon.• The lower the price for a premium listing, the more likely it is a scam. Below-market rent for a spectacular apartment in a great location with a million-dollar view? Scammers love to attract people’s interest by making too-good-to-be-true promises.THE LEASE31
BEFORE YOU MOVE32Record Damages Before You Move InIt is wise to take note (with the landlord or property manager present) of any defects before you move in. When it is time to move out, those originally noted damages should not be charged against your security deposit since they occurred before you moved in. Written notes and photographs are very helpful so that there is no confusion later. Take photos to document the condition of the apartment and any existing damages. It is the tenant’s right to have the condition of the dwelling in writing.You may use the Checklist for Inspection of Rental Unit to record any damages in the apartment if you decide to move in. This list will aid you in the event that problems do arise with future repairs. The landlord is not obligated to sign your list, but you can requesthisorhersignatureandprovidethelandlordwithacopyofyourlist.Makesureyou date your notes.If the rental unit is in need of repairs, it is in your best interest to establish in writing a date and time for the repairs to be completed. If the repairs are numerous and substantial, do not accept the apartment. Check with the Local Housing InspectorThis is very important. You may be in the process of renting a house that is condemned or has a history of structural, electrical, or plumbing problems. Check with your local housing inspector before you move in to see if there are any current housing violations in the rental unit. Ask the housing inspector if there have been any complaints from former tenants against your future landlord for failing to make necessary repairs. Some municipalitiesrequirerentalunitstobelicensed.Findoutiftherentalunitislicensed.Lead Based PaintHomesbuiltbefore1978mayhaveleadbasedpaint,andhomesbuiltbefore1950aremore likely to have it. The only way to know for sure if there is lead based paint is to have acertiedinspectortestforthepresenceoflead.Whenoldpaintcracksandpeels,itmakesleaddust.Childrencangetleadpoisoningfromswallowingakesofpaintorpaintdust on their hands and toys. Children can also breathe in lead dust. Even small amounts of lead can cause very serious harm to the brain and other parts of the nervous system. Lead in a child’s body can cause delayed growth and development, damage hearing and speech, and cause behavior problems and learning disabilities. There could be other sources of lead in older homes such as in the pipes or in the soil surrounding the house. Thelandlordisrequiredtoprovidetenantswithinformationaboutleadbasedpaintinany property they are renting. An owner or landlord who fails to give proper information can be sued for triple the amount of damages. The owner may also be subject to civil andcriminalpenalties.Contactyourmunicipalityorcitytoseeifyourareahasspecicrequirementsregardingleadpaintdisclosureandremediation.BEFORE YOU MOVE IN
Smoke Detectors/Carbon Monoxide DetectorsPennsylvanialawrequiresthatthelandlordprovideworkingsmokedetectorsineachunit.Thetenantcannotwaivethisrequirementordisconnectthesmokedetectors.Theleaseshouldstatewhoisrequiredtocheckthesmokedetectorsandchangethebatteries. TheCarbonMonoxideAlarmStandardsActrequiresthatpropertyownersinstallcarbonmonoxide detectors in all rental units that have fossil fuel burning heaters, appliances, replacesand/orattachedgarages.Tenants/occupantsarerequiredtoreplacebatteriesas needed and replace any device that is stolen, removed, missing or rendered inoperable during occupancy and to also notify the rental property owner or agent in writingofanydecienciespertainingtothecarbonmonoxidedetectors.BEFORE YOU MOVE33
Checklist for Inspection of Rental UnitDate of Inspection: �������������������������������������������������������������Address of Apartment: ����������������������������������������������������������Landlord’s Name: ��������������������������������������������������������������Landlord’s Address: ������������������������������������������������������������Telephone Number: ������������������������������������������������������������Make sure all appliances and xtures are in working order. Also, make notes on the presence of furniture, carpeting, and xtures and the condition of everything in the rental property. Write down the location and number of marks, burn marks, or other damages. Take photos to document the condition of the property before you move in. Only check ‘Yes’ if you are certain an item is in good working condition or free from defects. If you are not sure, check ‘Unsure.’Building Exterior:Checklist Item Yes No Unsure CommentsAre the foundation and exterior walls sound and free of hazards?Are all the exterior stairs, rails, and porches sound and free from hazards?Are the roof, gutters, and downspouts sound and free from hazards?Is the chimney sound and free from hazards?Are all exterior surfaces free of peeling or chipping paint?If the unit is a mobile home, is it properly placed and tied down?BEFORE YOU MOVE34
All Rooms:Checklist Item Yes No Unsure CommentsAre there at least two working outlets or one working outlet and oneworkinglightxture?Is the room free from electrical hazards?Can all windows and doors that are accessible from the outside be locked?Is there at least one window that opens, and are all windows in good condition with no missing or broken panes?Aretheceiling,walls,andoorssound and free from major cracks, holes, or hazardous defects?Are all interior surfaces free of peeling or chipping paint?Are there working smoke alarms or detectors?Bathroom:Checklist Item Yes No Unsure CommentsIs there a working toilet in the unit for exclusive private use of the tenant?Is there a working tub or shower with hot and cold running water?Are there windows that open or a working vent system?BEFORE YOU MOVE35
Kitchen:Checklist Item Yes No Unsure CommentsIs there a working oven, and is there a stove (or range) with top burners that is in working condition?Is there a refrigerator that works and maintains a temperature cold enough to keep food from spoiling?Is there a kitchen sink that works with hot and cold running water?Heat, Plumbing, and Electrical:Checklist Item Yes No Unsure CommentsIstheheatingequipmentcapableofprovidingadequateheat to all rooms used for living?Is the unit free from fuel-burning space heaters or other types of unsafe heating conditions?Doestheunithaveadequateventilation?Is hot-water heat located, equipped,andinstalledin a safe manner?Is there a safe, sanitary public or private water supply?Is the plumbing free of leaks?Is the plumbing connected to an approved public or private disposal system, and is it free from sewer backup?Is the electrical system free of hazards (e.g., improper wiring, seriouslyinadequateservice,etc.)?BEFORE YOU MOVE36
General Health and Safety:Checklist Item Yes No Unsure CommentsDoes the unit have at least one smoke detector or alarm in working condition on each level of the living area?Can the unit be entered without having to go through another unit?Isthereanacceptablereexit? Is it accessible?Is the unit free of rats, mice, roaches, etc.?Is the unit free of garbage or debris?Are the stairs and common halls free of hazards caused by loose steps, lack of handrails, poor lighting or other hazards?Is the site and immediate neighborhood free of dangerous conditions?Signature of Tenant: ����������������������� Date: ���������������������������������Signature of Landlord: ��������������������� Date: ���������������������������������NOTE: Landlord is not required to sign this checklist.BEFORE YOU MOVE37
Your Responsibilities as a TenantAs a tenant, you are renting someone else’s property. To create a responsible tenancy, you should comply with your lease along with the following list of duties:1. Pay rent when due,notthedayafteror5daysafter.Iftherentisdueonthe1stofthe month, pay it on the 1st of the month. As a tenant, you are legally responsible to pay the full amount of rent on time in accordance with your lease agreement. If you donotpayyourrentontime,yourlandlordcanleanevictionactionagainstyou.Itdoes not matter if you are disabled or lost your job, have a sick family member, have children, or if it is during the winter months—you can still be evicted. If you believe you will not be able to pay your rent in full and on time, you should tell your landlord as soon as possible. Do not wait until the rent is due or after the due date. Your landlord will assume the worst if they do not receive a rent check from you. Explain why you cannot pay and ask to make a payment arrangement. If your landlord agrees to a payment agreement, get it in writing and keep a copy. If you do not abide by the agreement, the landlord will be able to evict you.2. Get a receipt. Save receipts for all payments to your landlord. Pay your rent by check, if possible, because your canceled check gives you a record that you have paid your rent. If your landlord does not accept personal checks and you pay rent by cash or money order, obtain a record of your payment. Insist that your landlord give you a receipt for each rental payment that you make and save all receipts. 3. If you are responsible for any utilities, they must be paid on time. If not, this could result in an eviction.4. Comply with all terms and conditions of the lease.5. Comply with rules and regulations included in the lease or separately signed addendum(s).6. ComplywiththerequirementsofPennsylvanialaw,localordinances,andhousingcodes.7. Refrain from disturbing the peace of other tenants and neighbors.8. Refrain from damaging the premises. Be sure no one living with or visiting you damagestheproperty,asyoumaybenanciallyresponsibleforthosedamages.9. Notify the landlord of any serious defects (or needed repairs) in the dwelling that may cause the building to deteriorate. Be sure to follow the notice provisions outlined in yourlease.Ifyourleasedoesnotprovidespecicnoticeinstructions,putyourrequestfor repairs in writing and make sure you keep a copy for your records!10. Benanciallyresponsibleforanydamagesresultingfromactionsornegligence(otherthan normal wear and tear) that you or your family have caused.38TENANT RIGHTSTENANTS’ RIGHTS & RESPONSIBILITIES
TENANT RIGHTS11. Keep the premises clean.12. Allow the landlord, landlord’s representatives, or local government inspector reasonable access for inspection and repairs.13. Do not allow persons who are not on the lease to live in the rental unit.14. Do not engage or allow anyone to engage in criminal activity, including illegal drugs or allowing underage drinking on the premises. Any of these items could result in eviction.15. Ifyouchangeyourlocks,makesureyougetpermissionfromyourlandlordrstandthen give him/her copies of the keys. The landlord is legally allowed to have a full set of keys for any locks you install. Renters InsuranceMost landlords carry property insurance which covers property damage but not your possessions.Rentersinsurance(whichisoptional,butsomelandlordsmayrequire)canbe purchased to cover your furniture and other personal possessions. The cost of renters insuranceisroughlyabout$175–$200peryear,whichaveragestoaboutftycentsperday. Renters insurance can generally be obtained from any insurance company that sells homeowners insurance.Neighborhood RelationsIntroduce yourself to your neighbors and become part of the neighborhood. Maintain a friendly relationship with them. Neighbors can help one another in many ways, such as keeping an eye out for illegal activity.One of the ways to end up with poor neighborhood relations is to disturb your neighbors with loud noise. If you plan to have a party, keep it under control and end the party at a decent hour. It is also a good idea to let your neighbors know when you plan such a gathering and try to cooperate with them during special circumstances, such as when your neighbor has an illness. You may want to modify or change your plans so that their specialrequestcanbemet.Theyaremorelikelytocooperatewithyouifyoucooperatewith them.Neighborliness also means good upkeep and maintenance of the exterior of the building. This means that the lawn and shrubs should be well maintained and that trash should not be left outside. In apartment buildings it is important to respect all common areas—hallways, stairs, or grounds. Do not leave trash in these areas or obstruct the entrance to the building. It is also a good idea not to play or create excessive noise in public halls and stairs for safety reasons as well as in consideration of your neighbors.39TENANTS’ RIGHTS & RESPONSIBILITIES
To be a good neighbor, you must try to see that your guests do not disturb your neighbors. It is not always possible to control everything your guests do, but you have the right to expect them to behave in a way that will not antagonize others.If a tenant or a tenant’s guests harasses or threatens to harm others in the building or neighborhood, the landlord may have a responsibility under Fair Housing laws or municipal ordinances to evict the tenant in order to protect the safety of the neighbors and/or other tenants.Problems with Other TenantsIf you are experiencing problems with other tenants, report the problem to the landlord. Under the Fair Housing Act, if a tenant harasses another tenant based on race, national origin,disability,orotherprotectedclass,alandlordisrequiredbylawtoaddresstheissue and prevent the harassment from continuing. If you feel threatened by another person, call the police. Follow up with a written report to your landlord. Keep a copy for yourself. Explain the problem and ask the landlord to address the problem. It is usually best to keep the letter clear and concise and stick to the facts. Follow up if the problem persists. Keep copies of all correspondence. You are bound to the terms of the lease, so if you break your lease and move out, you can still be held liable for rent for the remainder of the lease term. If the landlord takes action against you in court, you will need to demonstrate that the landlord was violating thetermsoftheleasebyfailingtoenforceyourrighttoquietenjoymentofthepropertyor neglecting to prevent discriminatory harassment. You will want to be able to present evidence that you did everything you could to notify the landlord of the problem and asked him/her to resolve the problem before you moved out.GuestsYou have the right to invite social guests for reasonable periods of time and to have business visitors in your rental unit without the interference of the landlord. Guests must comply with all rules regarding common areas that apply to tenants.Allowing Others to Move InYour lease will specify who is allowed to occupy the rental property with you. If you want to have someone move in with you or stay for an extended period of time, you will need to ask the landlord’s permission. The landlord might want to perform background checks onthenewtenant,raisetherent,orrequirethattheindividualbeaddedtothelease.Make sure that any agreement allowing others to move in with you is in writing.40TENANT RIGHTS
TENANT RIGHTSTenants’ Right to PrivacyPennsylvania Law states that in every lease (whether written or verbal), there is a promise that the landlord will not unreasonably interfere with the tenant’s right to possess the leased premises. This Covenant of Quiet Enjoyment, also includes the right to privacy. The rent paid not only gives you a roof over your head, but also ensures the right to enjoy the premises without reasonable and excessive intrusions by the landlord. Landlords only have the right to reasonable access to the leased premises. If the landlord enters the rental unit for no reason or disturbs the tenant at night, he or she may be breaching the lease. The landlord does have the right to enter rental premises occasionally for reasonable purposes including inspection and maintenance, repairs, or to show the property to potential buyers or renters. Reasonable also means that thelandlordshouldcomeatareasonabletime,givethetenantadvancenoticerst,andshouldknockrst—unlessthereisanemergency.Ifthereisanemergencysuchasbroken water pipes or smoke detectors activated, then the landlord has the right to enter immediately without prior notice.If the lease states that the landlord may enter without notice during reasonable hours, thetenantmayhavenorighttorequireadvancenotice.However,ifthelandlordorthe landlord’s employees repeatedly enter without notice, the tenant should send the landlordaletterrequestingaminimumof24hoursadvancenoticepriortoentryina non-emergency situation, keeping a copy of the letter and sending the original by certiedmail,“returnreceiptrequested”.Althoughthelandlordisnotobligatedtocomplywiththerequestfortheadvancenotice,commoncourtesywouldencouragethe landlord to give the tenant notice prior to entering the rental unit. If the landlord does not adhere to the general standards as outlined above and repeatedly enters the rental unit without notice, the landlord may be cited for trespassing. Call the local police department for more information.41
Landlord and Tenant Act of 1951 Disposition Of Abandoned Personal PropertyAct of Oct. 22, 2014, P.L. 2620, No. 167 Cl. 68 Session of 2014 No. 2014-167 HB 1714AN ACTAmendingtheactofApril6,1951(P.L.69,No.20),entitled“Anactrelatingtotherights,obligations and liabilities of landlord and tenant and of parties dealing with them and amending, revising, changing and consolidating the law relating thereto,” further providing for disposition of abandoned personal property. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:Section 1. Section 505.1 of the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, added July 5, 2012 (P.L.1091, No.129), is amended to read:Section505.1.DispositionofAbandonedPersonalProperty.--(a)[Atthetimeatenanthasrelinquishedpossessionoftherealproperty,thetenantshallremovefromthepremisesall items of the tenant’s personal property. For the purposes of this section, a tenant shall bedeemedtohaverelinquishedpossessionofthepremisesuponanyofthefollowing:1. Execution of an order of possession in favor of the landlord.2. If the tenant has physically vacated the premises, removal of substantially all personal property and the providing of a forwarding address or written notice stating that the tenant has vacated the premises.(b)Uponrelinquishmentofthepremisesundersubsection(a)andtheacceptanceofpossession of the real property by the landlord, the tenant shall have ten days to contact the landlord regarding the tenant’s intent to remove any personal property remaining on the premises. If the intent is conveyed to the landlord, the personal property shall be retained by the landlord at a site of the landlord’s choosing for thirty days. If no communication is made to the landlord within ten days, the property may be disposed of at the end of the ten days at the discretion of the landlord. (c)Ifpersonalpropertyremainsonthepremisesfollowingtherelinquishmentofthepremises by the tenant, the following shall apply:1. If there is acceptance of the real property by the landlord under subsection (a)(1) and the writ or order of possession contained notice of the provisions under subsection (b),thelandlordshallnotberequiredtoprovidefurthernoticetothetenant.42TENANT RIGHTS
TENANT RIGHTS2. If there is acceptance of the real property by the landlord under subsection (a)(2) and the lease or lease addendum contains notice of the provisions under subsection (b), thelandlordshallberequiredtoprovidewrittennoticetothetenantthatpersonalproperty remains on the premises and must be retrieved by the tenant. The notice under this paragraph shall give the tenant ten days from the date of postmark of the notice to notify the landlord that the tenant will be retrieving the personal property. If the intent is conveyed to the landlord, the personal property shall be retained by the landlord at a site of the landlord’s choosing for thirty days from the date of postmark of the notice. If no communication is made to the landlord within ten days, the property may be disposed of at the end of the ten days at the discretion of the landlord. The notice shall also include a telephone number and address where the landlord can be contacted and shall identify the location where such property can be retrieved. The notice shall be: (i) sent by regular mail to the tenant’s forwarding address, if provided, or, if no forwarding address is provided, then to the formerly leased premises; or(ii) by personal delivery to the tenant.3. If the lease or lease addendum does not contain notice of the provisions under subsection(b),thelandlord,inadditiontocomplyingwiththerequirementsofparagraph (2), shall send notice to any emergency contact that may have been provided by the tenant in a lease agreement.4. Anynoticerequiredunderthissubsectionshallalsocontaininformationthatthetenantshallberequiredtopaycostsrelatedtotheremovalorstorageofpropertyretrieved by the tenant after ten days under subsection (f). (d) At all times between the acceptance of the premises by the landlord and the expiration of the ten- or thirty-day periods, the landlord shall exercise ordinary care with regard to any personal property that the former tenant has left in or on the real property. (e) After the appropriate time period under subsection (d) has expired, the landlord shall have no further responsibility to the former tenant with regard to the personal property and may, in the landlord’s discretion, dispose of the property. If the personal property is sold and proceeds exceed any outstanding obligations owed to the landlord, the proceedsshallbeforwardedtothetenantbycertiedmail.Ifnoforwardingaddresshasbeen provided to the landlord by the former tenant, the landlord shall hold the proceeds for thirty days and, if unclaimed, may retain the proceeds. (f) If the landlord has issued the notice to the tenant under subsection (c), the landlord may choose to store the tenant’s personal property at another location within reasonable proximity to the leased premises. If the landlord elects to have the property stored at another location, the landlord may remove the property from the premises by any means 43
reasonablycalculatedtosafeguardthepropertyforthetimeperiodrequiredunderthissection.Atenantshallnotberequiredtopayanycostsrelatedtotheremovalorstorageof the property by the landlord if the former tenant retrieves the personal property within ten days of the date of postmark of the notice. If the former tenant retrieves the personal property after ten days of the date of the postmark of notice but before thirty days, the tenantshallberequiredtopayanyreasonableandactualcostsrelatedtotheremovalorstorage of the property by the landlord for that time period.] Upon the termination of a leaseorrelinquishmentofpossessionofrealproperty,atenantshallremoveallpersonalproperty from the leased or formerly leased premises. Abandoned personal property remaining on the premises may be disposed of at the discretion of the landlord, subject to the provisions of this section.(b) Personal property remaining on the premises may be deemed abandoned if any of the following apply:1. The tenant has vacated the unit following the termination of a written lease.2. An eviction order or order for possession in favor of the landlord has been entered and the tenant has vacated the unit and removed substantially all personal property.3. An eviction order or order for possession in favor of the landlord has been executed.4. The tenant has provided the landlord with written notice of a forwarding address and has vacated the unit and removed substantially all personal property.5. The tenant has vacated the unit without communicating an intent to return, the rent ismorethanfteendayspastdueand,subsequenttothoseevents,thelandlordhasposted notice of the tenant’s rights regarding the property.(c) Where the tenant is deceased and leaves personal property remaining in the demised premises, the provisions of this act shall not apply. The disposition of personal property in the case of a decedent shall be governed by the provisions of 20 Pa.C.S. §§ 711(1) (relating to mandatory exercise of jurisdiction through orphans’ court division in general) and3392(relatingtoclassicationandorderofpayment)andotherrelevantprovisionsof20Pa.C.S.(relatingtodecedents,estatesandduciaries).(d) Prior to removing or disposing of abandoned property, the landlord must provide written notice of the tenant’s rights regarding the property. The tenant shall have ten daysfromthepostmarkdateofthenoticetoretrievethepropertyortorequestthatthe property be stored for an additional period not exceeding thirty days from the date ofthenotice.Ifthetenantsorequests,thelandlordmustretainorstorethepropertyfor up to thirty days from the date of the notice. Storage will be provided at a place of the landlord’s choosing and the tenant shall be responsible for costs. At all times, the landlord shall exercise ordinary care in handling and securing the tenant’s property and shall make the property reasonably available for purposes of retrieval.44TENANT RIGHTS
TENANT RIGHTS(e)Noticeshallbesentbyrstclassmailtothetenantattheaddressoftheleasedpremises and to any forwarding address provided by the tenant, including any address provided for emergency purposes. The notice shall be in substantially the following form:Personal property remaining at (address) is now considered to have been abandoned. Within ten days of the postmark date of this notice, you must retrieve any items you wish tokeeporcontactyourlandlordat(telephonenumberandaddress)torequestthatthepropertyberetainedorstored.Ifrequested,storagewillbeprovidedforuptothirtydays from the postmark date of this notice at a place of your landlord’s choosing, and you will be responsible for costs of storage.(f) Under no circumstances may a landlord dispose of or otherwise exercise control over personal property remaining upon inhabited premises without the express permission of the tenant. If the conditions under which personal property may be deemed abandoned no longer exist, the landlord shall have no right to dispose of or otherwise exercise control over the property.(g)Exceptwithrespecttotheprovisionsofsubsection(h),intheeventofaconictbetween the provisions of this section and the terms of a written lease, the terms of the lease shall control.(h) Notwithstanding any provision of this section to the contrary, if a landlord proceeding undertheprovisionsofsubsection(b)(3)hasactualknowledgeorisnotiedofaprotection from abuse order entered for the protection of the tenant or a member of the tenant’s immediate family, the landlord shall refrain from disposing of or otherwise exercising control over the personal property of the tenant for thirty days from the date ofthenotice.Ifrequested,storageshallbeprovidedforuptothirtydaysfromthedateoftherequest.(i) A landlord that violates the provisions of this section shall be subject to treble damages, reasonable attorney fees and court costs.Section 2. This act shall take effect in 60 days.APPROVED--The22nddayofOctober,A.D.2014.TOM CORBETT45
The Right to a Decent Place to LiveThe Pennsylvania Supreme Court has ensured that tenants have the right to a decent place to live. This guarantee to decent rental housing is called the Implied Warranty of Habitability.The Warranty means that in every residential lease in Pennsylvania (whether oral or written) there is a promise (the Warranty) that a landlord will provide a home that is safe,sanitary,andhealthful.Arentalhomemustbettolivein,andthelandlordmustkeep it that way throughout the rental period by making necessary repairs. Even if the renter signs a lease to take the dwelling “as is”, the Warranty protects the individual. The right to a livable home cannot be waived in the lease. Remember, the Warranty is in the lease, whether or not the lease says so. Any lease clause attempting to waive this Warranty is unenforceable.The Warranty does not require the landlord to make cosmetic repairs. For example, thelandlordisnotrequiredtorepairfadedpaint,installnewcarpeting,ormakeothercosmetic upgrades or improvements. However, the landlord must remedy serious defects affecting the safety or the ability to live in the rental unit.The following are examples of defects covered by the Implied Warranty of Habitability:• Lack of hot and/or cold running water• Defunct sewage system• No ability to secure the leased premises with locks (doors, windows)• Lackofadequateheatinwinter• Insect or rodent infestation• Leaking roof• Unsafeoors,stairs,porches,andhandrails• Inadequateelectricalwiring(rehazard)orlackofelectricity• Inability to store food safely because of broken refrigeration unit (when the landlord is responsible for maintenance and repair of refrigerator)• Unsafe structural component that makes it dangerous to occupy the premiseWhat Is Adequate Heat?“Adequateheat”dependsonyourlocalpropertymaintenancecodes.Youwillneedtocheckwithyourlocalmunicipalitytoseewhattherequirementsareforadequateheatin a rental unit in your community. Many municipalities have adopted the International 46REPAIRS & HABITABILITYREPAIRS & THE IMPLIED WARRANTY OF HABITABILITY
Property Maintenance Code as a standard for property maintenance. This code generally requireslandlordstoprovideaheatingsystemthatisabletomaintainaminimumtemperatureof68°F(20°C)duringthewintermonths.InPhiladelphia,landlordsarerequiredtomaintainasystemtoprovideheatat68degreesminimumfromOctoberthrough April. If the tenant has control of their own heat via a thermostat, the landlord isnotrequiredtokeeptheheatat68degreesminimum—thatislefttothetenant’sdiscretion. Check with your local code enforcement department for the minimum heating requirementsinyourarea.What Do You Do If Your Unit Is Not Habitable?If the problem is serious enough to constitute a breach of the Implied Warranty of Habitability, you may be entitled to seek one or more remedies. Take the following steps to establish and protect your rights:• You must determine that the defect interferes with the habitability of your rental unit (your ability to live in the dwelling is seriously impaired).• Once you determine that the defect interferes with your habitability, take pictures of the problem.Ifyouarerequiredtoappearincourt,pictureswillbeadvantageoustohave.• You must notify the landlord of the problem. If there are provisions in your lease describing how to notify the landlord about defects, make sure to strictly follow those notice procedures. If you speak to him or her, make sure you follow up in writing and keep a copy of the letter for yourself. For tenants, it is always good practice to notify the landlord of any defects in writing. This provides the evidence you need to show the landlordwasnotiedofthedefectiveconditions.(See“Sample Letters to Landlords”)• You must allow the landlord reasonable time to repair the defective condition. How much time is reasonable time? There is no universal answer. The reasonableness will be determined by the nature of the defect and whether or not the ability to correct the defectiswithinthelandlord’simmediatecontrol.Areasonabletimetoxadamagedroof might be measured in weeks; but lack of heat in the winter months must be remedied within a day or two at most. • You must be able to show that the landlord was either unwilling or unable to repair the property within a reasonable amount of time after being given notice of the defect before using a remedy to address the problem.• If you decide to pursue a remedy or a combination of remedies, you will need to proceed cautiously and be well prepared because your landlord may take steps to collect rent or even try to evict you. Proper legal advice is invaluable. Pennsylvania law prevents your landlord from evicting you in retaliation because you exercised your rightsproperlyunderthewarrantyofhabitability.Youcanbeevictedifacourtndsthatyou exercised a remedy improperly and breached your lease as a result.REPAIRS & HABITABILITY47
Tenant Remedies for a Breach of the Implied Warranty of HabitabilityThere are a few legal remedies for a breach of the Implied Warranty of Habitability that can be used alone or in combination:1. Terminate your lease and move out2. Withhold all or part of the rent3. Repair and deduct4. File a legal action to seek compensation BEFORE PROCEEDING WITH ANY REMEDY, KEEP IN MIND THE FOLLOWING: • Each of these remedies has a risk associated with it. Any of them could cause your landlord to try to evict you. If your landlord is not providing a habitable rental unit, he cannot evict you in retaliation for properly using one of these remedies. But he can still evict you for non-payment of rent if you withheld rent improperly or have violated the lease in other ways. • Before using any of these remedies, you may want to contact an attorney or a tenant’s rights organization for legal advice relevant to your situation. Make sure you have taken the correct steps to establish and protect your rights. There are limitations that apply to these remedies and proceedings. Any of these remedies can be complicated, and each individual circumstance is different. Proper legal advice is invaluable.• Make sure you can prove that the problem exists. Testimony in court from friends and relatives is acceptable, but photographs that clearly show the defect you want to point out are better and a letter or notice from code enforcement is ideal. • Always think ahead and be prepared in case the landlord ends up taking you to court. You will need to have documentation of the defects that made your apartment uninhabitable—photos, code inspection case reports, proof that you gave the landlord notice of the defects in writing, and proof that you gave the landlord a reasonable time to make the repairs, proof that the repairs were not made, and therefore that you were legally entitled to utilize one of these remedies. Remedy #1: Terminate your lease and avoid any further duty to pay rent.The tenant has the right to terminate the lease and move out of the premises if the tenant has given notice of the premise’s defects to the landlord and after a reasonable amount of time, the landlord was unwilling or unable to make the repairs. 48REPAIRS & HABITABILITY
If you decide to use this remedy, you must move out of the leased premises. You cannot terminate the lease and remain in the property. You could lose your security deposit or be sued for non-payment of rent if you do not vacate the property. All move out procedures must be followed including surrendering all keys to the landlord. Remedy #2: Withhold all or part of the rent until the defect is remedied. Under Pennsylvania Law, you may withhold rent if you can prove the dwelling unit is not habitable and have taken the proper steps of informing the landlord of the problem andgivingthelandlordareasonableamountoftimetoxthedefectthatcausedtherental unit to be uninhabitable. As long as there is evidence that the dwelling unit is not habitable,youshouldhaveadefenseifthelandlordlesanylegalproceedingfor non-payment of rent. • Make sure you have given your landlord written notice that the problem exists.• Make sure you have allowed a reasonable time for repair and can prove that your landlordhasfailedtomaketherepairsyourequested.• Consult an attorney if you are unsure of how to proceed, have concerns about proving a violation of the implied warranty, or need additional information.How much rent can you withhold? There is no exact formula to determine how much of your rent you can legally withhold. Onewaytocalculatethisamountistogureouthowmuchofyourhomeyoucouldnotuse and for how long.Example1:Ifyouhaveave-roomapartmentandyoucouldnotuseoneoftheroomsforanentiremonthduetoaroofleak,youmightdeduct1/5(one-fth)or20%ofyourrentforthelossof1/5(one-fth)oftheapartment.Example 2: If you had no heat and were forced to stay with a friend or at a hotel for a week,youmightdeduct1/4(one-fourth)or25%ofyourrentforthelossoftheuseofyour entire home for one week out of four.Placing Withheld Rent in an Escrow Account Whilethelawdoesnotrequirethatyouputyourwithheldrentintoabankorescrowaccount, it is a very good idea to do so. If you cannot open a separate bank account, make sure that you can document that you have the rent money set aside. This might give you some protection if your landlord takes you to court for non-payment of rent. Judges often ask tenants if they have escrowed the withheld rent money. By saving the money in a bank account, you will show the Judge that you were not trying to live rent-free. REPAIRS & HABITABILITY49
Remedy #3. Repair defects and deduct the cost of repairs from your monthly rent.This remedy permits the tenant to repair the defect or correct the conditions that cause the rental property to be uninhabitable. The tenant may then deduct the cost of repairs from the rent. The amount of the cost of repairs that can be deducted from the rent is limited. • The amount must be reasonable and necessary to make the dwelling unit habitable.• You are not permitted to deduct for the expenses that make the dwelling unit more desirable. Only costs incurred to make the premises safe and compliant with the warranty of habitability are deductible. • Before proceeding, give your landlord notice in writing that you intend to exercise this remedy and submit cost estimates. • You must wait a reasonable amount of time before proceeding. • You will need to notify your landlord again when the work is completed.• This option may be good for you if your problemissomethingspecicthatarepairpersoncanxandthecostoftherepairs will be less than what you pay for one month’s rent. • Make sure that you keep all receipts of any costs incurred and provide them to the landlord.Remedy #4: File legal action to recover cost of repairs, a retroactive rent rebate, and/or compensation for any other damages suffered while the dwelling unit was not habitable. This may be a good option for you if you have already spent some of your own money on repairs or if you are moving out and think you deserve a retroactive rent reduction because the home had serious issues of habitability. • You can take this legal action if you are still living in the home or if you are moving out. • TheburdenisonthetenanttoprovethattheImpliedWarrantyofHabitabilityprereq-uisites were followed and that expenses or other losses have been incurred due to the landlord’s breach of the Implied Warranty of Habitability. Who Is Responsible for Extermination?TheImpliedWarrantyofHabitabilityrequiresalandlordtoprovidesafeandsanitaryconditions for tenants. An apartment or house infected with bed bugs, cockroaches, eas,miceorotherverminisnotinasafeandsanitarycondition.Ifyourlandlordrefusesto hire an exterminator, you could contact your local Code Enforcement department. Acodeofcershouldcomeouttothepropertytoinspectandissueacitationtothelandlord if an infestation exists. If your landlord refuses to exterminate, you may be able 50REPAIRS & HABITABILITY
to exercise legal remedies to deal with the infestation yourself. See Tenant Remedies for a Breach of the Implied Warranty of Habitability.Repairs Not Covered Under the Implied Warranty of Habitability Cosmetic repairs such as repainting, replacing carpet, updating tiles, and installing upgraded cabinetry are not included in the Implied Warranty of Habitability. Always check your lease. If your lease does not address repainting the apartment and if you alter the condition of the property by repainting, then generally, the landlord is not responsibleforreimbursingyouforcosts,butthelandlordcanrequireyoutoreturn the property to its original condition when you move out. Get your landlord’s permission (preferably in writing) before you repaint or make any changes to the property to avoid problems.REPAIRS & HABITABILITY51
Your Name Your AddressDateLandlord’s Name Landlord’s AddressDear {Enter Landlord’s Name}:I am writing to you regarding repairs that are needed to the apartment/house (choose one) located at {enter address}thatIamrentingfromyou.Thespecicproblem(s)thatmust be repaired are:Make a list: (Examples are listed below) No hot water Plumbing problem (be specic) No heat Ceiling cracking, etc.I believe that these defects are a breach of our lease agreement and a violation of the Implied Warranty of Habitability.I would appreciate it if you would make these repairs as soon as possible. If these conditions are not corrected within a reasonable period of time, I intend to exercise my legal right to reduce the rent, make the repairs myself and deduct the expense from the rent, or withhold my rental payment(s), etc. (pick one)I would appreciate your prompt attention to this matter. Sincerely, Your Signature Print Your Name Your Contact InformationSAMPLE LETTER SERIOUS PROBLEMS AFFECTING HABITABILITY52REPAIRS & HABITABILITY
Your Name Your AddressDateLandlord’s Name Landlord’s AddressDear {Enter Landlord’s Name}:Thisletteristoconrmour{telephone} conversation on {date} in which I informed you that the following repairs are needed in my apartment/house (choose one) located at {address}.Thespecicproblem(s)thatmustberepairedare:Make a list: (Examples are listed below) No hot water Plumbing problem (be specic) No heat Ceiling cracking etc.You promised the repairs would be completed by {enter date agreed}. Thank you for your cooperation in this matter.Sincerely, Your Signature Print Your Name Your Contact InformationSAMPLE LETTER CONFIRMING REPAIRS NEEDEDREPAIRS & HABITABILITY53
Your Name Your AddressDateLandlord’s Name Landlord’s AddressDear {Enter Landlord’s Name}:I am writing regarding repairs that are needed to the apartment/house (choose one) located at {enter address} that I am renting from you.Thespecicproblemsthatmustberepairedare:Make a list: (Examples are listed below) No hot water Plumbing problem (be specic) No heat Ceiling cracking etc.As you may recall, we discussed these problems on {enter date of discussion}. (Use this line only if it applies.)I believe that these defects are a breach of our lease agreement and a violation of the Implied Warranty of Habitability. If these conditions are not corrected in {enter a number of days}, I intend to exercise my legal right to make the necessary repairs and deduct the cost from my rental payment. (Include any estimates you may have that show the anticipated cost of the repairs.) I would appreciate your prompt attention to this matter.Sincerely, Your Signature Print Your Name Your Contact InformationSAMPLE LETTER REPAIR AND DEDUCT54REPAIRS & HABITABILITY
Your Name Your AddressDateLandlord’s Name Landlord’s AddressDear {Enter Landlord’s Name}:I am writing regarding repairs that are needed to the apartment/house (choose one) located at {enter address} that I rent from you.Thespecicproblemsthatmustberepairedare:Make a list: (Examples are listed below) No hot water Plumbing problem (be specic) No heat Ceiling cracking etc.As you may recall, we discussed these problems on {enter date of discussion}. (Use this line only if it applies.)I believe that these defects are a breach of our lease agreement and a violation of the Implied Warranty of Habitability. If these conditions are not corrected in {enter a number of days}, I intend to exercise my legal right to withhold some or all of my monthly rent payment until these items are corrected.I would appreciate your prompt attention to this matter.Sincerely, Your Signature Print Your Name Your Contact InformationSAMPLE LETTER WITHHOLDING FULL/PARTIAL RENTREPAIRS & HABITABILITY55
Your Name Your AddressDateLandlord’s Name Landlord’s AddressDear {Enter Landlord’s Name}:I am writing regarding repairs that are needed to the apartment/house (choose one) located at {enter address} that I rent from you.Thespecicproblemsthatmustberepairedare:Make a list: (Examples are listed below) No hot water Plumbing problem (be specic) No heat Ceiling cracking etc.I believe that these defects are a breach of our lease agreement and a violation of the Implied Warranty of Habitability. If these conditions are not corrected in {enter a number of days}, I intend to exercise my legal rights to vacate the premises.Sincerely, Your Signature Print Your Name Your Contact InformationSAMPLE LETTER TERMINATING THE LEASE FOR HABITABILITY REASONS—1ST LETTER 56REPAIRS & HABITABILITY
Your Name Your AddressDateLandlord’s Name Landlord’s AddressDear {Enter Landlord’s Name}:This is to advise you that I will vacate my apartment/house (choose one) located at {enter address} on {enter date}. I have followed all the prescribed move out procedures.My forwarding address is {enter new address}. Please return my security deposit to the above address within 30 days after I vacate the premises.Sincerely, Your Signature Print Your Name Your Contact InformationSAMPLE LETTER TERMINATING THE LEASE FOR HABITABILITY REASONS—2ND LETTERREPAIRS & HABITABILITY57
A security deposit is money that belongs to the tenant but held by the landlord for protection against damages. The tenant is responsible for the rental payments for the entire length of the lease. When the lease has expired, the tenant should have the security deposit returned to them minus any damages to the property.All or part of your security deposit can be withheld at the end of your lease term if you: • damage the premises;• fail to clean properly;• fail to pay your last or any rental payment;• fail to provide proper notice to the landlord that you are moving out.Without the agreement of the landlord, the security deposit may not be used as the last month’s rent. The security deposit should not be used to pay for damages from other tenants before you moved in or normal wear and tear on the property. See Return of your Security DepositLimits on the Amount of the Security DepositPennsylvania law limits the amount of security deposit a landlord can demand. Duringtherstyearofthelease,thesecuritydepositcannotbemorethantwo months’ rent. A landlord might ask the tenant to pay a security deposit plus “the last month”. Regardless of what the landlord may call it, this “last month’s rent” paymentisstillpartofthetwo-monthmaximumsecuritydepositfortherstyear.During the second year or during any renewal of the original lease, the security deposit cannot exceed one month’s rent. If a tenant’s rent increases, the landlord canalsoincreasethesecuritydeposittoequalonemonth’srentatthenewratefor therstveyearsofthelease.Afterveyears,thelandlordcannotincreasethe security deposit even if the rent is increased.If a tenant has paid two months’ security deposit (or one month’s security deposit and“thelastmonth’srent”),thenaftertherstyear,thetenantmayaskthelandlord to return the amount of money held that is greater than one month’s rent. This is done bywritingaletterrequestingthismoneyandkeepingacopyoftheletter.Thelettershouldbesentbycertiedmail,“returnreceiptrequested,”sothatthereisproofthatthelandlordreceivedit.Atenantshouldfollow-upthecertiedmailwithregularmail ifthetenantdoesnotreceiveasignedreceiptreturnedfromthepostofce.SECURITY DEPOSIT58SECURITY DEPOSIT
Interest on the Security DepositIf more than a $100 security deposit is collected:1. The funds must be placed in a separate account2. The account must be in an institution regulated by the Pennsylvania or Federal banking authorities3. The landlord must notify the tenant in writing with the name and address of the depository (bank) and amount of deposit4. After the second year,theinterestearnedonthetenant’smoney(lessa1%administrative fee to landlord) must be paid to the tenant annually on the anniversary date of the lease5.The law does not specify how much interest a tenant must receiveRemember, today’s interest rates are very low. Therefore, after a landlord deducts the 1%fee,theremaybenointerestduetothetenant.However,asamatterofdoinggoodbusiness, a landlord should notify a tenant in writing that there is no interest due.Return of Your Security DepositWithin thirty (30) days after the termination of the lease, the landlord must give the tenant:1. A written list of any damages for which the landlord claims the tenant is responsible, with payment of the difference between the security deposit money plus interest (if any) and money used to pay for damages or,2. A check for the entire amount of the security deposit.If the landlord fails to do either one of the above within 30 days, he or she has given up the right to withhold any of the security deposit or interest and given up the right to sue the tenant in court for damages. On the 31st day, the tenant can sue the landlord for double the amount of the security deposit held in escrow plus interest (if any). Note that if the tenant did not provide a forwarding address or returned the keys, the landlord cannot be held to the 30-day deadline.Contesting Damages Charged to Your Security DepositThe landlord should not charge the tenant for ordinary wear and tear. For example, if a landlord decided the apartment needed to be repainted at the end of a lease, a tenant should not be charged for the repainting unless the tenant caused more than normal wear.SECURITY DEPOSIT59
What Is Normal Wear & Tear?Normal wear and tear is the ordinary deterioration of a property due to normal everyday use. It is not damage caused by abuse or neglect. There is a difference between normal wear and tear and damage done to a property. Carpet that is matted is normal wear and tear. Burns or stains on a carpet is damage caused by negligence. Fading or yellowing paint is considered normal wear and tear. Large stains in carpet or holes in the wall are compensable damages to the landlord.What Can the Security Deposit Be Used For?Your landlord may retain some or all of the security deposit to make repairs for damage other than normal wear and tear. Your landlord can keep your security deposit to cover any unpaid rent at the end of the lease term. A security deposit may also be forfeited if you break the lease. The landlord can charge you for cleaning a rental unit after move-out if you failed to do so—but the charges should be reasonable and only bring the property back to the condition it was in before you moved in.You should not be held responsible for damages caused by previous tenants. By using the Checklist for Inspection of Rental Unit, a tenant can note any damages within the lease premises that existed before moving into the unit. Documentary evidence, eyewitnesses, and photographs are particularly helpful in establishing the fact that damages existed prior to tenancy. This type of evidence is extremely valuable should the tenant desire to sue the landlord for recovery of a wrongfully held security deposit.Steps to Get Your Security Deposit Back When You Move• Give the landlord proper notice that you will be moving.• This notice must be in accordance with the provisions of your lease. You will need to read your lease to see where the Notice to Vacate should be delivered and how much notice must be given to terminate your lease.• Be sure to give the landlord your new address in writing at or before the time you move out. You must do this even if it does not say so in your lease. See Sample Letter—Notice to Vacate/Forwarding Address for Return of Security Deposit.• Itisbesttosendthisnoticebycertiedmail,“returnreceiptrequested”.Ifyouarenotsure what your new address will be, give your landlord the address of a relative. Keep copiesofalllettersyousend,thereceiptsforsendinglettersbycertiedmail,andthereturn receipts.• Clean the dwelling unit as thoroughly as possible before moving out. Keep receiptsfortherentalorpurchaseofanycleaningequipment,forexample,therentalofSECURITY DEPOSIT60
a steam cleaner for cleaning the carpet. Remember to clean the inside of the stove and the refrigerator, and dispose of any trash. Do not leave anything behind.• Make sure you do not owe any rent.• Try to get your landlord to inspect the dwelling unit with you.• Take photographs of the empty premises. This is the time to go over your pictures, checklist, or any other documentation of damages that you prepared when you moved into the apartment or house.• Return the keys to the landlord. If possible, get a receipt for any money owed that is paid to the landlord at this time.Remember, if proper notice is not given, you are potentially breaching your lease and may forfeit your security deposit. If you do not formally end your lease, owe rent, or have not returned the keys, your landlord may refuse to return your security deposit.What to Do If Your Landlord Has Not Returned Your Security Deposit If your landlord has failed to return the security deposit and provide you with a written list of damages within thirty (30) days, or if your landlord has failed to pay you the difference between the amount of the security deposit and actual damages to the rental unit within thirty (30) days, the landlord has forfeited:• All rights to keep any portion of the security deposit (including interest) and• All rights to sue the tenant for damages to the rental unit (however, the landlord may still sue the tenant for collection of unpaid rent or breach of lease).YoucanleacivilcomplaintwiththeMagisterialDistrictCourtandsuethelandlordfordouble the amount of the security deposit (including interest, if applicable). The landlord willnotbeabletoleacounterclaimfordamages.If the landlord has provided you with a list of damages and a refund within thirty (30) days andyoudisagreewiththeamountofthedamages,youcanleacivilcomplaintwiththe Magisterial District Court. You will have to prove that the landlord has improperly charged you for damages. Again, the pictures, checklist, and other documentation will be helpful for this process. The landlord isentitledtoleacounterclaimagainstyou.YouwillhavetopaylingfeestotheMagisterialDistrictCourtinordertoleacivilcomplaint; however, you can ask that the landlord reimburse you for these charges. If theJudge’sdecisionisinyourfavor,thelingfeesandexpensesshouldbepaidbythelandlord. If you go to Court, you should bring the following documents (if they exist):SECURITY DEPOSIT61
• Your written lease• Documentation or proof that you returned the key(s)• Documentation or proof that you provided the landlord with a forwarding address• A copy of any correspondence that you sentrequestingthesecuritydepositback• A copy of any correspondence from the landlord explaining why the full amount of the security deposit was not returned.• All rent receipts (or canceled checks)• Security deposit receipt (or canceled check)• List of damages when you moved in• Pictures or videos (be prepared to say who took them and when)• Witnesses who saw you pay the deposit, and/or who know the condition of your apartment when you moved in and moved out If you have not given a forwarding address, you are still entitled to the security deposit. However,becauseofthedifcultythelandlordmayhaveinlocatingyou,thelandlorddoes not have to return it within 30 days.Any lease clause that says you have waived these rights is unenforceable and therefore void.SECURITY DEPOSIT62
Your Name Your AddressDateLandlord’s Name Landlord’s AddressDear {Enter Landlord’s Name}:Pursuantto68P.S.§250-512(e),Iamprovidingyouwiththefollowingforwardingaddress in writing: {Enter Name Street Address City/State/Zip}My lease terminates on {enter date}.Iwillbeavailableforanalinspectionoftheunitat your convenience during the last week of {enter date}. Please contact me to arrange a time for the inspection.Please forward my full deposit or a list of any damages claimed to be due with a refund of the balance of my security deposit together with accrued interest to the above address within the legal time limit of 30 days.Sincerely, Your Signature Print Your Name Your Contact InformationSAMPLE LETTER NOTICE TO VACATE/FORWARDING ADDRESS FOR RETURN OF SECURITY DEPOSIT SECURITY DEPOSIT63
Pennsylvania has no rent-control law. Landlords may raise the rent as much as they want. However, changes must be made in accordance with your contract (your lease).1. The rent increase must follow the proper notice procedures outlined in the written or verbal lease.2. The landlord may not raise the rent in the middle of the lease term unless you agree to the rent increase.3. The landlord cannot raise rent in retaliation because the tenant exercised a legal right. Thelandlordisnotallowedtoraisetherentbecauseatenantledacomplaintofdiscriminationorcontactedcodeenforcement.Ifyourrentisraisedbecauseyouledacomplaintofhousingdiscrimination,youshouldinformtheagencywhereyouledthecomplaint.64RENT INCREASESRENT INCREASES
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UTILITY SHUT-OFFSIfyoureceivenoticethatyourutilitieswillbeshutoff,youneedtoactquicklytoprotectyourrights.Itismoredifculttogetserviceturnedbackonaftershutoff.Nomatterwhois responsible to pay for the utilities, a utility company cannot cut off service without the following:• A 10-day written notice before shut-off• An attempt to contact you or an adult in your household personally at least 3 days before the shut-off• 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 willbeshutoffandmustgiveyouatleast48hours’noticeAfter a 10-day notice has been given to a tenant by a utility company, the company has 60daystoturnoffthetenant’sutilitywithoutanother10-daynotice.If the utility company turned off service without prior notice, it has broken the law. Contact the utility company and demand that the service be restored immediately. Ask to speak to the supervisor and write down the name of the person you speak with. Ifnecessary,callthePublicUtilityCommissionat1-800-692-7380.Ifyouneedlegalassistance,consultaprivateattorneyorcallyourlocalLegalAidofce.66UTILITY SHUT-OFFS
Steps to Avoid a Utility Shut-OffIt is your responsibility to contact the utility company immediately with any billing dispute or payment problem in order to avoid having your utilities shut off.1. Contact the utility company at the phone number on the notice. Ask to set up a payment agreement. The length of payment agreements is determined by law. If your household is low income, make sure you inform the utility company as there are longer payment agreementsavailableforlowincomehouseholds.Theutilitycompanyisonlyrequiredto provide you with one payment agreement for the same debt. If you do not believe a utility is providing a payment term you can report them to the Public Utility Commission (PUC)at1-800-692-7380.ThePUCcanissueapaymentagreement.2. Show that you paid your bill or show that there is a disagreement (dispute) about your bill. If you dispute your bill or disagree with the meter readings, you must notify the utility company and tell them that you dispute the bill. Your service will not be able to be shutoffduringtheperiodthatyouarewaitingforaresponsetoyourinquiryordispute.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. If you and your utility company cannot agree,callthePublicUtilityCommission(PUC)at1-800-692-7380.3. Theutilitycompanycannotshutoffyourserviceifyouobtainmedicalcerticationthatsomeone in your home is seriously ill or someone has a medical condition that will be made worse by a shut off. 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 companyconrmingthemedicalcondition.Theshutoffcanbestoppedforamaximumof30daysatatime.Themedicalcerticationcanberenewedtwoadditionaltimes.Ifyourservicehasalreadybeenshutoff,thiswillrequiretheutilitycompanytorestoreyour service. You still have to make payment arrangements on any undisputed utility bills.4. If you are a victim of domestic violence and have a valid Protection from Abuse Order (PFA), there are special procedures and protections for handling your utility service. Call your utility company to inform them of your PFA so these special procedures and protectionscanbeputinplaceforyou.YoumayberequiredtoprovideacopyofthePFA to the utility company.5. If you live in a low income household, there may be special arrangements to help you –SeeTrouble Paying Utility Bills for information on programs that help low income customers. UTILITY SHUT-OFFS67
UTILITY SHUT-OFFSWhat If My Landlord Is Responsible for Paying the Utility Bills?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 TenantsRightActrequiresthatyoubenotiedbytheutilitycompanyatleast30daysinadvance. Once the utilities have been shut off, the situation may become more complicated. First, attempt to have the landlord make the necessary payments immediately to restore your service. 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. Any bill you pay to get the service restored can be deducted from your rental payments. You also may be able to have the utility service transferred to your name. However, be careful—you may need to put down a sizable deposit and it may also affect your lease. Seek legal counsel as soon as possible if you do this.Getting Utility Service Back OnBetween April 1 and November 30, if you pay the amount owed in full or make a payment agreement(ifeligible)andmeetanyotherconditionsrequiredbytheutilitycompany,your service must be restored within 3 days.BetweenDecember1andMarch31,yourservicemustberestoredwithin24hoursif you pay the amount owed in full or make a payment agreement (if eligible) and meet anyotherconditionsrequiredbytheutilitycompany.Who Is Responsible for Paying the Utility Bills?Whether a lease is written or verbal, both parties must agree on which party is responsible for paying the utility bills. The tenant may be responsible for electric and gas while the landlord is responsible for water and sewer. If your lease is in writing, make sure that the lease outlines who is responsible to pay for utilities.Does There Have to Be an Individual Meter for Each Apartment?Ifthetenantisresponsibleforpayingtheutilitybill,thePennsylvaniaUtilityCoderequiresthe landlord to ensure that each residential unit is individually metered. This means that there cannot be a “foreign load” on the tenant’s utility bill—the tenant’s wiring cannot include the common areas or another apartment. 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 bill—including any past due balance. The utility company should not allow the tenant to bebilledfortheserviceuntilitisconrmedthatthewiringhasbeencorrected.68
Can My Landlord Retaliate Against Me for Asserting My Rights Regarding Utilities?There is a provision within the Pennsylvania Utility Code that makes it unlawful for a landlord to retaliate against a tenant for exercising their rights under the Pennsylvania Utility Code. Any landlord, agent or employee of the landlord who threatens or retaliatesagainstatenantcanbeliablefordamagesequaltotwomonths’rentortheactual damages sustained by the tenant, whichever is greater, and the costs of suit and reasonable attorneys’ fees.There is an anti-retaliation provision in the law that presumes illegal retaliation if an ownerseekstoraisetherentorevictatenantwithin6monthsofthetenantexercisingtheir rights under the Pennsylvania Utility Code except in cases of nonpayment of rent. Note that these rights cannot be taken away even if the lease says you have given away these rights.Can My Landlord Shut Off My Utilities Because I Am Behind in Rent?Your landlord is not legally allowed to interfere with your utility service, even if you are behind in your rent. Even when the water, sewer, gas, or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. 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. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out.Trouble Paying Utility BillsIf 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. See Utility Shut-Offs. However, even if you cannot pay the whole amount owed, you can take steps to keep your utility service on.• Electric, gas and some water companies have Customer Assistance Programs (CAPs).CAPsareavailabletolow-incomecustomerswhohavedifcultypayingtheirfull monthly bill. These programs provide discounts to the monthly bill as well as past debt forgiveness in exchange for the customer making regular monthly payments. Ask your company if you are eligible.• Utility companies must allow you to pay your bills on a budget plan so that your winter payments are not extremely high while your summer payments are low. Under a budget plan, your payments are averaged so that each monthly payment is the same.UTILITY SHUT-OFFS69
UTILITY SHUT-OFFS• You may be eligible for the Low Income Home Energy Assistance Program (LIHEAP). This program may be able to help you in paying your utility bills or other costs of keeping warm (space heaters and home repairs). The Department of Public Welfare operates three energy programs—the Energy Assistance Cash Grant, the Crisis Grant, and the Crisis Grant Weatherization Repair Assistance. If you are experi-encingaheatingcrisis,youmaybeeligibleforbenetsthroughtheLIHEAPcrisisprogram.Emergencysituationsincludebrokenheatingequipmentorleakinglinesthatmustbexedorreplaced,lackoffuel,amainheatingsourceorsecondheatingsource(a source that is used to operate the main heating source or used if the main heating source is not working) that has been completely shut-off, and danger of being without fuel(lessthana15-daysupply)orofhavingutilityserviceterminated(receivedanoticethatservicewillbeshutoffwithinthenext60days).• Each electric and gas company has a Hardship Fund to which low-income customers may apply in order to avoid shut-off or to have service reconnected. Call your company to see if you are eligible.• The Weatherization Assistance Program and the Residential Low Income Usage Reduction Program are free services provided to eligible low-income utility custom-ers. Services provided may include a home energy survey, usage reduction education and weatherization services. Contact your utility company or the Community Action Program serving your area in order to apply or to get more information.• The Pennsylvania Public Utility Commission has many resources to help keep individuals and families warm during Pennsylvania winters. Visit their website at www.puc.state.pa.us to learn more.• If you live outside of Philadelphia, visit the $1 Energy Fund at www.dollarenergy.org or contact your utility company for information on programs that may help you pay your utility bill.• If you live in Philadelphia, visit the Utility Emergency Services Fund (UESF) at www.uesfacts.orgorcall(215)972-5170forinformationonaprogramthatmay help you pay your utility bill. To apply or for more information about LIHE AP, call the PA Department of Human Servicesat1-800-692-7462MondaythroughFriday(individualswithhearingimpairmentsmay call 711). You can also apply for LIHEAP at www.compass.state.pa.us. If you need helpllingoutyourCOMPASSapplication,calltheHELPLINEat1-800-692-7462between8:30a.m.and4:45p.m.,MondaythroughFriday.Ifyouarehearingimpaired,callTTY/TTDat1-800-451-5886.You can also call your local County Board of Assistance or the Community Action Program serving your area.70
BEHIND ON RENTAs a tenant, you are legally responsible to pay the full amount of rent on time in accordance with your lease agreement. If you do not pay your rent on time, your landlord canleanevictionactionagainstyou.Itdoesnotmatterifyouaredisabledorlostyourjob, have a sick family member, have children, or if it is during the winter months—you can still be evicted. If you believe you will not be able to pay your rent in full and on time, you should tell your landlord as soon as possible. Do not wait until the rent is due or after the due date. Your landlord will assume the worst if he does not receive a rent check from you. Explain why you cannot pay and ask to make a payment arrangement. If your landlord agrees to a payment agreement, get it in writing and keep a copy. If you do not abide by the agreement, the landlord will be able to evict you.If you are having trouble paying bills, your main priority should be to keep a roof over your head. Your rent should be one of your top priorities. You may be able to get help from a local agency for emergency rent payments. Assistance may be available only during certain months of the year and usually only once per year. Local religious and community organizationsmayalsoofferemergencynancialhelp.Yourlocalcountyassistanceofcemay have emergency shelter assistance for people who need help paying their rent or paying a security deposit for a new place to live. You can also consider applying for subsidized housing through your local Housing Authority.Keep your utilities on. If you have fallen behind in utility payments, you may be able to arrange a payment plan with your utility company. This will allow you to keep your lights andheatonwhileyoulooktosolveyournancialissues.Manyleasesrequirethatthetenant maintain utilities in the unit for the duration of the lease. If you allow your utility service to be terminated, you may face an eviction action for breach of lease terms. There are many programs to assist people with little or no income with their heating and other utility bills. See Trouble Paying Utility Bills. Your landlord is not legally allowed to interfere with your utility service, even if you are behind in your rent. Even when the water, sewer, gas or electric is included in your monthly rental payments, a landlord cannot legally shut off your utility service. 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. See Q and A Eviction: My Landlord Has Threatened to Lock Me Out.TO SEE IF YOU ARE ELIGIBLE FOR PUBLIC BENEFITS such as LIHEAP (Energy Assistance), Food Stamps, Medical Assistance, CHIP, Cash Assistance, Child Care Works Program, School Meals, Longer Term Living Services, and Early Intervention, Intellectual Disability or Autism Services, visit www.compass.state.pa.usIf you need help lling out your COMPASS application, call the HELPLINE at 1-800-692-7462between8:30a.m.and4:45p.m.,MondaythroughFriday.Ifyouarehearingimpaired,callTTY/TTDat1-800-451-5886.Ifyouhaveaquestionduringnon-businesshours or prefer to use e-mail, you may contact them by email through their website.FALLING BEHIND ON RENT71
EVICTIONEVICTIONAn eviction is a legal action started by the owner of a property to force a tenant to move out of the property. A court ordered eviction is the only legal way a landlord may force atenanttoleavearentalproperty.Alawfulevictionrequiresacourtproceeding.Thelength of the process will vary depending on the circumstances of the eviction. A landlord can bring an action to evict a tenant if:• The tenant fails to pay rent,• The tenant fails to move out at the end of lease term, or• The tenant violates terms of the lease agreement.Examples of violations of the lease agreement include:• Continual late payment of rent• Damaging the rental unit beyond normal wear and tear• Using the rental unit for purposes not permitted under the rental agreement (for example, operating a business, allowing unauthorized persons to live with you, etc.)• Keeping a dog, cat, or other animal that is not a service animal when pets are not permitted in the lease• Repeated noise violations that disturb other tenants• Engaging in criminal activity • Failure to keep lawn cut and grounds maintained if you agreed to this in the rental agreement• Improper storage or disposal of garbage that attracts insects, rodents, etc.• Failure to abide by the proper rules and regulations that are either in the lease, attached to the lease, or given at the signing of the leaseOrder of Eviction ProceedingsNotice to QuitA landlord will probably begin by giving a tenant a “Notice to Quit”. This notice can be posted on the tenant’s door or the landlord may hand it to an adult on the premises. It cannotbesentbyregularorcertiedmail.Anynoticethatisonlysentbymailshouldbeconsidered void and argued as such in court.Check the terms of your lease.Theamountoftimethelandlordisrequiredtogiveatenanttovacateshouldbewritteninthelease.Iftheleasesaysvedays,thetenantshouldbegivenvedays.Theleasemayhavea“WaiverofNotice”whichsaysthatthelandlord does not have to give the tenant any prior notice.Check the Eviction Timetabletoseehowmuchnoticeisrequiredifitisnotspeciedin72
yourlease.Unlessspeciedinyourlease,theamountofnoticerequireddependsonthereason for the eviction.The Notice to Quit must include the name of the landlord, name of the tenant, address oftherentalproperty,reasonforthenotice(suchasfailuretopayrentforaspecictimeperiod or for some other violation of the lease) and a date by which the landlord wants the tenant to move out of the rental property. The notice must be clear, decisive, and free from ambiguity.What if the landlord has not given proper notice? If the landlord has not given proper notice in accordance with the lease, the tenant can bring this up in Court. If the tenant can demonstrate that proper notice was not given (forexample,thelandlordonlygave10days’noticewhentheleaserequires30days’notice),thenthejudgeshoulddismissthecaseandrequirethelandlordtorestarttheprocessbygivingthetenantpropernoticebeforelingagain.Thiswillonlybuythetenant more time in the property, it will not prevent the tenant from eventually being evicted.Court HearingIf the tenant has not moved within the time stated in the eviction notice, the landlord mustgototheMagisterialDistrictCourtinordertoleaLandlord/Tenant Complaint. Acourthearingwillbesetforseven(7)tofteen(15)daysafterthelandlordlesthecomplaint.You will receive a copy of the Landlord/Tenant Complaint from the Magisterial District Courtviarstclassmailandyouwillalsohaveacopyservedonyoubyasheriffor a constable. If you receive a notice for a court hearing, contact a tenant’s rights organizationoranattorneytodiscussyourspeciccircumstancessoyouwillknow your rights and be prepared.Should I attend the hearing? Yes! If you are late or fail to appear at the hearing, a judgment may be entered against you by default. Plan to arrive early because even if you are only a few minutes late, a judgment could be entered against you by default. Your presence is vital at the hearing. If someone other than the Court tells you that the hearing was canceled or postponed, check with the Court to determine if this is true. The hearing gives you the chance to present your defense or counterclaim against the other party. If you cannot go on the scheduled date of the hearing or an emergency arises, call the Magisterial DistrictCourt’sofceassoonaspossiblebeforethecourtdateandaskifthehearing can be continued to allow you to attend.If you and your landlord come to an agreement before the court date or if someone EVICTION73
EVICTIONother than the court tells you that “everything is taken care of”, plan to attend the hearing anyway or check with the Court to see if the hearing is still scheduled. See Q and A: Magisterial District Court for more information about the hearing and what to expect.Anytimebeforethehearing,youcanleacross-complaint(or“counterclaim”)orassertanyotherclaimagainstthelandlord.Ifyouleacross-complaint,thehearingonbothcomplaintsmustbeheldafterseven(7)days,butnomorethanfteen(15)daysfromthelingofyourcross-complaint.Ifyouleacounterclaim,itmustbeservedontheotherpartyatleastve(5)daysbeforethehearing.JudgmentAfter the hearing, the Magisterial District Judge will either make a decision that day or within three (3) days. The Judge will issue a written Notice of Judgment. If the judgmentisinyourfavor,thelandlordwillberequiredtodowhattheJudgeordered—suchasnotevictingyoufromtherentalunit.IftheMagisterialDistrictJudgendsinfavor of the landlord, the judgment will be entered against you. The Notice will tell you what type of judgment has been entered.• PossessionGrantedifMoneyJudgmentNotSatised• Possession Granted• Possession Not Granted• Money JudgmentIf the Judgment is for Possession Granted if Money Judgment Not Satised (commonly referred to as “Pay and Stay”), you have the opportunity to pay any money that is owed in full at any time prior to the eviction date to avoid an eviction and remain in the home. • If the landlord is paid in full, including judgment costs, within 10 days of the judgment, noorderforpossessioncanberequested.• Ifyoudonotpaywithin10daysorleanAppealandpayabondifrequired,thelandlordmayrequestanOrderforPossession.CourtcostswillgoupifthelandlordrequestsanOrderforPossession,soitisbesttopayassoonaspossible.• A forced eviction date will be scheduled 10 days after the Order for Possession is posted on your door by a constable. Up to and including that date, you can still pay the judgment in full to avoid the eviction.• If you pay before the eviction date, you should make arrangements with the landlord and the constable and keep a receipt for proof of payment.74
• If you pay on the date of the eviction, you will have to pay the constable directly and you will have to pay in cash. The constable will not take a check and the eviction will proceed as scheduled. Keep in Mind: A judgment will stay on your record until you pay it in full. It can affect your credit rating and can negatively affect your ability to obtain future housing.Order for PossessionIf the judgment is Possession Granted, you will have to move out of the home by the scheduled eviction date even if you pay all the money owed in full. If you disagree with thedecisionandwanttostayinthehome,youwillneedtoleanAppealtotheCourtof Common Pleas within 10 days of the judgment date and post a bond. See Appeal ProcessAfterthe10-dayappealperiodhaspassed,thelandlordcanleforanOrderforPossession. When the landlord has obtained an Order for Possession, the tenant will be served a notice by a constable either in person or by posting the notice on your door.• The constable’s notice will say that the tenant has ten (10) additional days to vacate the dwelling from the date of service.• Thisnoticeisanaldeadlinetovacate.• If the tenant does not move by the end of the ten (10) day period at the time and date in the notice, the constable may forcibly remove the tenant and padlock the door to the rental unit.If you are not planning to Appeal, you will need to make plans to move out as soon as possible before the scheduled eviction date. At least move all of your belongings out of the rental unit before the scheduled eviction because you will only have minutes to vacate when the constable arrives. Tenantsarerequiredtoremovetheirbelongingsuponrelinquishingpossessionofarental (including at the time of an eviction). If you have not removed your belongings whentheconstableevictsyou,youwillhavetomovequicklytorecoveryourproperty.See How to Get Back Your Belongings After Being Evicted or Moving OutKeep in Mind: It takes at least twenty (20) days after the hearing before the legal lockout can occur.What happens if the constable never comes to evict me? It is possible that the landlord will never execute on the Order for Possession and the constableisnevernotiedtoevictyou.Generally,thishappenswhenthelandlordandtenant work out a payment agreement and the landlord agrees that the tenant can stay. If you are able to work out an agreement, make sure that you get a receipt for the money that you pay the landlord and get the agreement in writing.EVICTION75
EVICTIONAlandlordcanrequestare-issuanceofanOrderforPossessiongenerallywithin120daysof the judgment date.Appeal ProcessThere are often two parts to a Judge’s decision: Possession (eviction) and Money Judgment.Youhavetherighttoappealajudgmententeredagainstyou.Appealsareledwiththe Prothonotary at the Court of Common Pleas. To appeal a decision by a Magisterial District Court, you will need to bring a copy of the Judgment with you to the Prothonotary’sOfce.ItisadvisedthatyouseekthecounselofanattorneyifyouchosetoleanAppeal,astheprocessatthiscourtlevelismorecomplicated.Mostlikely,yourlandlord will have an attorney.If you are appealing a Judgment for Possession and you want to stay in your home, you have ten (10) days from the judgment date to appeal the decision. YoumustalsoleaSupersedeas to stop the sheriff or constable from removing you fromtheproperty.IfyoudonottelltheProthonotary’sOfcethatyouwanttostopthelockoutanddonotleaSupersedeasthenyouwillonlybeappealingthemoneyjudgment and the lock out will still occur as scheduled. YouwillhavetopaylingfeesandtheSupersedeasrequiresthetenanttopayabondinthe amount of the monetary judgment or 3 months’ rent, whichever is less. (If you have averylowincome,youmayonlyhavetopayathirdofyourrentasabondwhenyouleyourappeal.)Thismoneywillbeplacedinanescrowaccount.Youwillalsoberequiredtopay the monthly rent to the Court every 30 days from the date of the appeal. If you fail to do this, the Supersedeas may be terminated and the eviction may proceed. Make certain that you keep track of this deadline as some months have more than 30 days.If you do not want to appeal a Judgment for Possession, but only want to appeal the Money Judgment, you have thirty (30) days from the date of the judgment to appeal. AppealsareledwiththeProthonotaryattheCourtofCommonPleas.Youwillneed tobringacopyoftheJudgmentwithyoutotheProthonotary’sOfce.Nobondisrequiredtoappealamoneyjudgment.What Happens if There is No Appeal? If the Magisterial District Court grants a Judgment for Possession, then the landlord mustwait10daystorequestadocumentcalledanOrderforPossessionfromtheMagisterial District Court. A constable or sheriff's deputy will serve the Order for Possession on you that gives you an additional 10 days to vacate the premises. If you 76
CHS works with individuals and families to secure permanent housing and partners with area Rapid Re-Housing programs to support them in their tenancy. Decrease your unit turnover time and advertising costs Support you in serving our clientsProvide you a way to give back to your community, and maintain your businessCHS can:ARE YOU A LANDLORD?717-358-9381www.WeAreTenfold.orgFor more informationdo not move within 10 days after you receive the Order for Possession, the constable or sheriff's deputy will physically remove you from the property.If the Magisterial District Court grants a Money Judgment, you have 30 days to pay the judgment. If you do not pay it, the party who sued you can then go to the Magisterial DistrictCourtandrequesttheissuanceofadocumentcalledanOrder for Execution. A constable or sheriff's deputy will serve the Order for Execution on you by giving you a notice or posting it on your door. At the time the Order for Execution is given to you, the constable or sheriff's deputy will make a list of property he or she will sell to pay off the judgment against you. This list is called a levy.Call an attorney or Legal Aid right away for more help if a levy is put on your property. If you do nothing, your property may be sold several weeks after the levy is madeataconstableorsheriff'ssale,unlessitisworthlessthan$300($600ifyouaremarriedand,youandyourspouse,werebothsued).YoucanleanAppealorobjectionto the Levy (sale of property).Garnishment of Wages Pennsylvania Law allows for a landlord to collect on a judgment for damages exceeding theamountoftheSecurityDepositbygarnishingupto10%ofatenant’snetwagesaslong as this amount does not place the debtor’s income below the poverty guideline. EVICTION77
EVICTIONEviction Notice TimetablesLandlord/Tenant Eviction/Nonrenewal Process Timetable for Apartment or House:If the Reason for Eviction is: A Landlord Must Give a Tenant:Non-Payment of Rent 10 Days’ NoticeActs Relating to Illegal Drugs 10 Days’ NoticeExpiration/General Breach of a Month-to-Month Lease or Indenite Term Lease15 Days’ NoticeExpiration/General Breach of a Year or Less Lease 15 Days’ NoticeExpiration/General Breach of a Lease Longer than One Year30 Days’ NoticeLandlord/Tenant Eviction Process Timetable for Mobile Home Park:If the Reason for Eviction is: A Landlord Must Give a Tenant:General Breach of Lease for Less Than One Year or Indenite Term30 DaysGeneral Breach of Lease for Longer Than One Year 3 Months from the date of serviceFailure to Pay Rent Between: April-August 15 DaysFailure to Pay Rent Between: September-March 30 DaysLandlord/Tenant Eviction Process Timetable for Legal Proceedings and Appeal to Common Pleas:Magisterial District Judge Schedules Hearing 1-15 Days After Landlord Files ComplaintMagisterial District Judge Will Enter Judgment at Conclusion of Hearing or Within3 DaysOrder for Possession by Landlord After the 10 Days Following the Day of the DispositionConstable Executing the Order for Possession Can Evict the Occupants if They Remain on the Premise More Than:10 Days after Service of the Order for PossessionJudgment Affects Delivery of Possession of Residential Property, Appeal Within:10 Days after DispositionJudgment is for Money, or Possession of Non-residential Property, Appeal Within:30 Days after Disposition78
Q&A: EVICTION I need more time to move. My situation is special. Does that matter? Youdonothavetherighttodemandmoretimeinordertondanewplacetoliveormove out your possessions. The responsibilities are the same for all tenants. It does not matter if you are a senior citizen or if you have children, you still have a legal obligation tofullltheleaseorcontractthatyouagreedtoandyourlandlordhasthelegalrightto evict you if you have broken the contract. If you have not paid your rent, then the landlord has the absolute right to evict you. It does not matter if you fall behind in rent because you get sick or lose your job or because you have other bills to pay. You can try to negotiate with your landlord for more time. If your landlord agrees to more time, then ask the landlord to sign an agreement stating that you can stay longer.I do not have anywhere to go. What should I do? Youwillneedtondaplaceforbothyouandyourbelongings.Donotleaveyourpossessionsbehind.Yourlandlordisnotrequiredtokeepthemforyou,and,infact,canchargeyouastoragefeeifyouleaveyourpossessionsbehind.Ifyoucannotndaplace to live, contact family or friends. You may want to place your belongings in storage temporarilyuntilyoundanewplacetolive.Youcanalsocontactlocalsheltersortransitional housing. Will I be able to stop an eviction? If the eviction case was only for nonpayment of rent, you may stop the eviction any time before you are actually evicted by paying the amount the Magisterial District Court ordered, including court costs. This is called the right to pay and stay. Court costs will goupifthelandlordrequestsanOrder for Possession, so it is best to pay as soon as possible. You could also try to come to an agreement with the landlord to make payments towards the amount you owe. If you are able to come to an agreement, make sure you get it in writing so you will have proof if the landlord tries to evict you.My landlord has threatened to lock me out. Can they do that? The landlord is not allowed to lock you out of your apartment or house without a court order. This is referred to as a Self-HelpEviction.Evenifthelandlordisjustied in evicting a tenant, a self-help eviction is unlawful. A landlord must provide the tenant with Notice to Quitasrequiredintheleaseandgothroughtheproperprocedure for eviction with the Magisterial District Court. Only a constable or sheriff can legally remove a tenant’s property and lock a tenant out with an order from the CourtEVICTION79
EVICTIONExamples of Illegal Self-Help Evictions include:• Padlocking or changing the locks • Removing your personal property from the property• Turning off some or all of your utilities • Removing the door or windows Note: Rules for rooming houses are different. Rooming houses are treated like hotels. If a tenant rents a room and rent is not paid, the owner may padlock the door. Call a tenants’ rights organization or Legal Aid to see if your living situation meetsthedenitionofaroominghouse.Justbecausethelandlordcallstheproperty a “rooming house” or “boarding house” does not necessarily mean that you do not have some protections under the Pennsylvania Landlord Tenant Act.There are a few options that a tenant can pursue if the landlord has engaged in self-help eviction. Consult an attorney regarding your options. 1. Call the police. You will need to show that you have a right to occupy the premises. So, if you anticipate that this could happen, keep a copy of your lease and current utility bills somewhere outside the home—such as in your car or purse. Some police departments will intervene with the landlord to get you back into the apartment and some police departments will refuse to get involved. Be polite and remain calm. 2. Call Legal Aid or a private attorney for assistance.3. RequestthatajudgeoftheCourtofCommonPleasissueaninjunctionagainstthelandlord. In this case, an injunction would be a court order directing the landlord to allow you back in your residence, to turn on your utilities, and/or to stop interfering with your legal use of your residence.4. Seek to collect actual damages from the landlord. Actual damages would be all losses you can prove you suffered. An example may be the reasonable cost of a hotel room if you are forced to move due to your landlord locking you out of your residence.5. Seek punitive damages if the landlord’s conduct was outrageous and resulted in severe emotional distress and bodily harm. How do I get my belongings back after being evicted or moving out of a property? If you recently moved or have been evicted from a rental property, you may retrieve personal items you left behind for a limited time.If you are evicted or move out of a rental property, you have ten days to contact your landlord and let your landlord know you intend to retrieve your personal property left 80
behind. You should notify your landlord of your intent to retrieve any personal property left behind by calling your landlord and by sending your landlord a letter. Keep a copy oftheletteryousendtoyourlandlord.Ifyoudonotcontactthelandlordwithintherst10 days after being evicted or receiving a notice from the landlord that you left personal property behind, the landlord can dispose of all the personal property.After you contact your landlord stating that you want to get your belongings, you have 30 days from the day you were evicted or from the postmarked date of your landlord’s notice for you to retrieve your personal property.If you have moved out and have left personal property behind, the landlord must send notice informing you that you left personal property. If you have not given your landlord a forwarding address, the notice will be sent to your old address. If you are evicted, your landlord does not have to send you notice that you left personal property behind. You will have to contact the landlord on your own.After 10 days from the day you were evicted or from the postmarked date of your landlord’s notice to you to retrieve your property, the landlord can begin charging you a fee for storing your belongings. Q&A: MAGISTERIAL DISTRICT COURT What is a Magisterial District Judge? AMagisterialDistrictJudgeisalocallyelectedofcialwhocandecidesmallcivillawsuitssuch as landlord-tenant matters. The Magisterial District Judge used to be called a Magistrate or Justice of the Peace. Do I need an attorney? No.Attorneysarenotrequiredduringthehearing.However,ifyouwouldprefertohavean attorney present, you may retain one and bring them to the hearing.Should I go to the Magisterial District Court hearing? Yes! If you are late or fail to appear at the hearing, a judgment may be entered against you by default. Meaning, if you fail to show up, you could lose the hearing andberequiredtopaythejudgmententeredagainstyou.Yourpresenceisvitalatthehearing, even if someone other than the court says that the hearing was canceled. In addition, the hearing gives you the chance to present your defense or cross-complaint against the other party. If you cannot go on the scheduled date of the hearing or an emergencyarises,calltheMagisterialDistrictCourt’sofceandaskifthehearingcanberescheduled.EVICTION81
EVICTIONIfyouhaveagoodreasonforbeinglateormissingthehearing,youmustleapetitionpromptly after learning of the default judgment, and you must have a valid, meritorious claim of defense.What is a “Defense”? A defense is your reason(s) why allegations brought against you are not true. You will notneedtoleanypapersinordertobeabletopresentyourdefense.Acommondefense is that a landlord did not give the tenant proper notice to vacate the rental unit inaccordancewiththelease.Ifyouhaveawrittenlease,thelandlordisrequiredbylawto give you notice in accordance with the lease. The law establishes the amount of time a landlord must give you if you do not have a written lease. See Eviction Notice Timetables. Another common defense is that the apartment had serious defects. Whatever your defense, you will need documentation and/or witnesses to prove your defense.What is a Plaintiff? A plaintiff is the person bringing the lawsuit; the person who is suing the defendant. The defendant is the person being sued.What is a “Counterclaim”? A counterclaim is a claim that the other party owes you money. For example, if a tenant paid for repairs (after notifying the landlord) in order to make the dwelling habitable andthelandlorddoesnotreimbursethetenantforthecosts,thetenantmayleacounterclaim.ItmustbeledwithaCivil Complaint Form at the Magisterial District Court’sofce.Thereisnofeeforlingthecounterclaim,butthepersonlingthecounterclaim will have to pay for the cost of serving the counterclaim on the other party. Ifyouplantoleacounterclaim,youshouldleitassoonasyoureceivenoticeofthehearing. Both the landlord’s complaint and your counterclaim will be decided at the hearing.How should I prepare for my hearing? If you have a lawyer, you should go over the information that will be presented at the hearing with your lawyer. If you do not have an attorney, you should make a checklist of importantpointsandasequentialoutlineofthethingsthathappened.Bebriefandtothe point. Be ready to explain each item of evidence. Practice telling your side of the case. If you have taken photos, you will need to bring them to the hearing. You should be able to say who took the photos and when the photos were taken. Dress your best and arrive on time for the hearing.What will happen at the hearing?At the hearing, all testimony is under Oath. The Plaintiff (the person who sued you) isallowedtotestifyrst.Witnessesmayalsotestifyontheplaintiff’sbehalf.Afterthe82
Plaintiffisdonetestifying,youwillhaveachancetoaskquestionsofthepeoplewhotestied.Youarenotrequiredtoaskthemanyquestions.Youwillalsobegivenanopportunity to present your case and your witnesses. Say “Your Honor I would like to presentadefense.”or“YourHonor,IwouldliketoaskMr.orMs.Xaquestion.”YouandyourwitnessescanbequestionedbytheMagisterialDistrictJudgeorbythePlaintiff.Remember to maintain your composure and be polite. Be brief and to the point. Try not torambleorthejudgemaycutyouoff.Addressallofyourquestionsandcommentstothejudgeusing“YourHonor”asaformalformofaddress.Ifyouwishtoaskaquestionofanotherparty,rstaskpermissionfromthejudgetoaskaquestion.Donotinterruptthe judge or the other party. You will have an opportunity to speak and explain your case.May I object to something a witness is saying? Yes. The two most common objections are Relevancy and Hearsay. Relevancy Objection: The tenant or landlord may object if the information presented is not relevant to the situation that the hearing is intended to resolve. Example: The landlordtestiesthatyourbrotherwasarrested10yearsagoforassault.Saypolitelybutrmly.“YourHonor,Iobject.Thatisnotrelevant.”Hearsay Objection: You may also object to testimony about statements that were made by people who are not at the hearing. This is called “hearsay” and should not be allowed.Example:Awitnesstestiesthataneighbortoldhimthatshesawyoubreakinga window. Say, “Your Honor, I object. That is hearsay.”Be careful not to interrupt the Magisterial District Judge unless you are making a legal objection to testimony being presented. May I Bring Documents? Yes, you can bring any documents that help prove your case. Any document important for the case must be presented at the hearing. The Magisterial District Judge will not give you a chance to go home and get any documents you forget to bring to the hearing. The Magisterial District Judge cannot consider written statements from people who do not come to the hearing to testify if the other party objects to the written statements. If someone has something important to say about your case, he/she will need to attend the hearing.However, the Magisterial District Judge can consider a bill, estimate, receipt, canceled check or bank statement if it helps prove your defense or counterclaim. Be sure to bring your lease and any relevant correspondence between you and your landlord. Bring photos and witnesses.EVICTION83
EVICTIONCan I subpoena someone to appear at the hearing? Yes. You have the right to subpoena witnesses. You may wish to subpoena a code enforcementofcerorhousinginspectororarepairpersontotestifyabouttheconditionofyourapartment.Asubpoenaisadocumentthatrequiresanindividualtocometothecourt and testify even if they do not want to come. The witness can also be subpoenaed to bring certain documents needed to prove your defense or your counterclaim. You should obtain and serve subpoenas as soon as possible to be sure the witnesses get them in time for the court hearing.What happens after the hearing? The Magisterial District Judge will make a decision either at the hearing or by mail withinthree(3)days.Ifthejudgmentisinthetenant’sfavor,thelandlordisrequiredtodo what the Magisterial District Judge orders. If the judgment is in favor of the landlord, thetenantisrequiredtodowhattheMagisterialDistrictJudgeorders.SeeEviction: JudgmentWhat if I do not agree with the Magisterial District Court’s Decision? Youhavetherighttoappealajudgmententeredagainstyou.AppealsareledwiththeProthonotary at the County Courthouse. See Eviction: Appeal ProcessWhat Should I Do If the House or Apartment I’m Renting Goes Into Foreclosure or Is Sold at Sheriff Sale?If your landlord stops paying the mortgage, foreclosure proceedings may begin. If the owner of a property fails to make a payment arrangement on municipal debt levied on the property, that property may be sold at a Sheriff Sale to allow the municipality to collect on that unpaid debt. These debts can include outstanding water and sewer bills, school taxes, and property taxes.When a tenant is living in a property that has been foreclosed or sold at Sheriff sale, the new owner (including a bank) must abide by certain rules. The new owner cannot change the locks or otherwise take action to force the occupants out into the street. A tenant canonlybelockedoutbyaCourtOrder.TheownermustgotoCourtandleanActionin Ejectment. This is completely separate from the foreclosure proceedings and it has similarities but is different from a landlord-tenant eviction proceeding.• If notices of a possible foreclosure are delivered to or posted on your property, contact the sender right away and explain that you are a tenant. You should also contact your landlord.• You may get confusing information from your landlord about the foreclosure. For example, the landlord may ask you to prepay your rent in violation of your lease or rental agreement. Your landlord may also tell you that the foreclosure is a “mistake,” 84
or say that the problem has been resolved. Do not get tricked into paying rent to the former owner after the property has already been sold to another party. To be sure, checkwiththeofcewheredeedsarerecordedinthecountywherethepropertyislocated.Youmayalsowanttocheckcourtlingsagainstyourlandlord.• CallLegalAidorconsultwithanattorneytondoutwhatyouroptionsare,howlongthe foreclosure may take and how much time you have to move after a foreclosure or Sheriff sale.• If your landlord is unable to pay the mortgage, the landlord may also not be paying the utilities, and your utility service may be shut-off. You should immediately contact the utility and the landlord if a shut-off notice is sent or if your utilities are shut off. You may be able to avoid the shut-off by contacting the utility and paying it directly, even if the utilities are in the landlord’s name. See Utility Shut-Offs• Do not get scammed. If someone contacts you claiming to be the new property owner, ask to see documents that show ownership. Do this before paying rent, signing a new lease agreement, or allowing them to come inside the property. Scammers review publicly available foreclosure recordings and may contact tenants living in foreclosed properties to falsely demand rent.• Negotiate a payment to move out. If the new owner wants you to move out, ask if he or she will give you some money to help pay moving expenses. This is sometimes referred to as a “cash for keys” agreement. Sometimes the bank or the new owner after a foreclosure sale is willing to do this if you agree to move out within a certain period of time.• You should remove all of your belongings when you move out so the new property owner does not take or destroy them.• If the landlord did not refund your security deposit or transfer it to the new owner after the foreclosure sale, you may need to take legal action to get back your deposit. See What to Do if Your Landlord Has Not Returned Your Security DepositCall Legal Aid or consult an attorney about your rights.EVICTION85
RESOURCESFor Information regarding Legal Issues including Landlord/Tenant, Consumer, ChildrenandFamilies,Employment,HealthLaw,HousingandShelter,PublicBenets,Disability, Elder Law, Immigration Issues, Migrant Issues, and Veterans and Military visit the website PALawHELP.org.If You Believe You Have Experienced Housing Discrimination or Would Like to Report Housing DiscriminationU.S. Department of Housing and Urban Development Toleahousingdiscriminationcomplaintbasedonrace,color,religion,nationalorigin,sex, disability or familial status: • CallHUDat1-888-799-2085.• Toleanonlinecomplaint:visitwww.hud.govandclickon“FileaDiscriminationComplaint.” • Youmayalsoemailacomplainttocomplaintsofce03@hud.govormailacomplainttoHUDFHEO,Attn:IntakeBranch,100PennSquareEast,Philadelphia,PA19107.• HUD’s TDD number is 1-800-877-8339. ComplaintsofhousingdiscriminationmustbeledwithHUDwithin1yearfromthedateof the incident.Pennsylvania Human Relations Commission Toleahousingdiscriminationcomplaintbasedonrace,color,religion,nationalorigin,sex,disability,familialstatus,age(over40),orbecauseyouareauser,handler,ortrainerof assistance animals for person with disabilities:• Call215-560-2496orvisitwww.phrc.pa.govtodownloadcomplaintforms.ComplaintsmustbeledwiththePAHumanRelationsCommissionwithin180daysofthe incident.Housing Equality CenterIf you live in the City of Philadelphia or Bucks, Chester, Delaware, Lehigh, Northampton, orMontgomerycounties,youcancontacttheHousingEqualityCenterforassistanceinlingahousingdiscriminationcomplaint:• Call267-419-8918or866-540-FAIR(3247)oremailinfo@equalhousing.orgor visitwww.equalhousing.org86RESOURCES
RESOURCESHousing Rights & Resources Center at TenfoldForafreeLandlordorTenantFairHousingconsultationortechnicalassistanceinlinga discrimination complaint in the counties of Lancaster and York, please contact the TenfoldFairHousingLineat717-299-7840,orvisitusonlineat,www.WeAreTenfold.org.Magisterial District CourtTo Find the Magisterial District Court in Your Area, go to www.pacourt.us, click on ‘Minor Courts’ and then click on ‘Magisterial District Judge’. You can search by county or zip code to get the contact information for the Magisterial District Judge servicing your area. To Contact Your Local Code Enforcement Ofcial Each municipality has its own Code Enforcement Department. Call the municipality (Township, Borough or City) in which you live. Pennsylvania Ofce of Attorney General, Bureau of Consumer ProtectionPennsylvaniaOfceofAttorneyGeneral,BureauofConsumerProtectioninvestigatesconsumer complaints and attempts to mediate and correct the problems for you. • TheConsumerProtectionHotlineis1-800-441-2555.Senior LAW CenterSeniorLAWCenterservesPennsylvanians60yearsofageandolder.Legaladvice, counseling,information,andreferralservicesareavailableat1-877-PASRLAW(727-7529) or www.seniorlawcenter.org.87
Disability Rights PADisability Rights PA protects and advocates for the rights of people with disabilities so that they may live the lives they choose, free from abuse, neglect, discrimination, and segregation. Visit the website www.disabilityrightspa.org, email intake@disabilityrightspa.orgorcontacttheofceclosesttoyou:Harrisburg Ofce 301 Chestnut Street Suite 300 Harrisburg, PA 17101 1-800-692-7443(voice) 1-877-375-7139(TDD) (717)236-8110(voice) (717)236-0192(fax) drnpa-hbg@drnpa.org Philadelphia Ofce The Philadelphia Building 1315WalnutStreet Suite500 Philadelphia, PA 19107-4798 (215)238-8070(voice) (215)772-3126(fax) drnpa-phila@drnpa.org Pittsburgh Ofce 429FourthAvenue Suite 701 Pittsburgh,PA15219-1505 (412)391-5225(voice) (412)467-8940(fax) drnpa-pgh@drnpa.orgPennsylvania Bar Association The PBA Lawyer Referral Service (LRS) refers callers to lawyers in the counties that do nothaveareferralserviceoftheirown.Thisservicecovers45ofthe67countiesintheCommonwealthofPennsylvania,andcanbereachedbycalling800-692-7375(forin-statecallersonly),717-238-6807orhttp://www.pabar.org.88RESOURCES
RESOURCESPennsylvania Local Lawyer Referral Services If you are looking for an attorney in a county listed below, please contact that county bar association’s Lawyer Referral Service directly.Allegheny County, Pittsburgh (412)261-5555Beaver County, Beaver (724)728-4888Berks County, Reading (610)375-4591Blair County, Hollidaysburg (814)693-3090Bucks County, Doylestown (215)348-9413 (888) 991-9922 Butler County, Butler (724)-841-0130Carbon County, Lehighton (610)379-4950Chester County, West Chester (610)429-1500Cumberland County, Carlisle (717)249-3166Dauphin County, Harrisburg (717)232-7536Delaware County, Media (610)566-6625Erie County, Erie (814)459-4411Franklin County, Chambersburg: (717)267-2032Lackawanna County, Scranton (570)969-9600Lancaster County, Lancaster (717) 393-0737 Lebanon County, Lebanon (717) 273-3133 Lehigh County, Allentown (610)433-7094Luzerne County, Wilkes-Barre (570)822-6029Mercer County, Mercer (724)342-3111Monroe County, Stroudsburg (570)424-7288Montgomery County, Norristown (610)279-9660Northampton County, Easton (610)258-6333Philadelphia County, Philadelphia (215)238-6333Washington County, Washington (724)225-6710Westmoreland County, Greensburg (724)834-8490York County, York (717)854-8755Pennsylvania Legal Aid Network, Inc. Ifyouthinkyoumayqualifyforfreelegalassistance,theLegalAidofcenearyoucanbelocated by going to www.palegalaid.net, click on Service/Staff Locator, and then on your countyinPennsylvania.Oryoucancall717-236-9486andfollowthepromptstohearthecontactinformationfortheLegalAidofceinyourcounty.IfyoudonotqualifyforlegalaidoriftheLegalAidofceyoucontactcannothelpyoufor any reason, please check out PALawHELP.org to see what additional legal resources and information are available to you.89
Pennsylvania Utility Law Project Facing a utility shut off? Already without service? PA residents may be eligible for free legal help. • Call1-844-645-2500oremailutilityhotline@palegalaid.net.PA Housing Search • www.pahousingsearch.com • Toll-Free:1-877-428-8844.TTYis7-1-1.• The Pennsylvania Housing Finance Agency’s search tool helps people search for housing by topics such as rent amount, area of interest, accessibility, or availability of publictransportation.Onthewebsite,youcanalsondadditionalstatewideinforma-tion and resources, including a rental checklist, rent calculator, information on services, transportation,FrequentlyAskedQuestionsrelatedtorenting,andmuchmorebyvisiting the “Info and Links” section of the website.Public BenetsToseeifyouareeligibleforpublicbenets,suchasLIHEAP(EnergyAssistance), Food Stamps, Medical Assistance, CHIP, Cash Assistance, Child Care Works Program, School Meals, Long Term Living Services, and Early Intervention, Intellectual Disability or Autism Services, visit www.compass.state.pa.us. IfyouneedhelpllingoutyourCOMPASSapplication,calltheHELPLINEat1-800-692-7462between8:30a.m.and4:45p.m.,MondaythroughFriday.Ifyouarehearingimpaired,callTTY/TTDat1-800-451-5886.Ifyouhaveaquestionduring non-business hours or prefer to use e-mail, you may contact them by email through their website.2-1-1 United Way • www.pa211.org or dial 2-1-1. • PA 2-1-1 is a free resource and information hub that can connect you with customized health, housing, and human services information. • By calling 211, you can receive information related to food, housing, employment, health care, along with a variety of other services.90RESOURCES
RESOURCESPublic Housing Authorities If you need public housing assistance or information about public housing programs, such as Housing Choice Vouchers (HCVs), please contact your local public housing authority (PHA). The HCV program is the federal government’s major program that assists very low-income families, older adults, and individuals with disabilities with obtaining decent, safe, and sanitary housing in the private housing market. If you need assistance locating your local public housing authority, call 2-1-1 (United Way) for information. Quick Start Housing Resources • www.phfa.org/mhp/serviceprovider• Usethiswebpagetondthecontactinformation,bycounty,foravarietyofhousingproviders including housing authorities, homeless providers, community action agencies, and more. Click on the “Hot Topics” button to see a drop down menu of counties in Pennsylvania and select the county to view.Pennsylvania Utility Commission UtilitycustomersmaycallthePUC’shotlineat1-800-692-7380regardingcomplaints,terminationsorpaymentarrangements.Theyaskthatyourstcallyourutilitytotrytoresolve the problem. www.puc.state.pa.usPennsylvania LINK to Aging and Disability Resources • TollFreeHELPLINE:1-800-753-8827.• Aging and Disability Resource Centers (ADRC) are a nationwide effort to assist older adults and individuals with disabilities who need help with activities of daily living. The ADRC in Pennsylvania is known as the Link. • The PA Link can: easily connect you to local services through any LINK partner agency; help you explore existing options to ensure a secure plan for independence; assist you with applications to determine eligibility; and help you remain in, or return to, your community.91
Accessibility Modications Ifyouhaveadisabilityandneedtomakemodicationstoyourhomeorneedassistivetechnologydevicesorservicestoimprovethequalityofyourlife,thePA Assistive Technology Foundation can help people with disabilities and older Pennsylvanians gettheassistivetechnologytheyneedwithlow-interestand0%interestnancialloans,information and assistance about possible funding resources including public and private grants,nancialeducationthroughvariouspublicationsandindividualcounseling.ThePA Assistive Technology Foundation helps Pennsylvanians of all ages, all income levels and all disabilities. www.patf.usPennsylvania Assistive Technology Foundation 1004West9thAvenue#130 KingofPrussia,PA19406 (484)674-0506(voice) (888)744-1938(tollfree) (484)674-0510(fax) patf@patf.usOther Disability Services The Self-Determination Housing Project (SDHP) of Pennsylvania is a statewide non-protorganizationthatworkstoexpandhousingoptionsforpeoplewithdisabilitiesin Pennsylvania. SDHP provides information and resources to people with disabilities and their families about housing options. SDHP also administers several statewide and/or county-wide housing programs including the Regional Housing Coordinator Program andthePAAccessibleHousingProgram,agrantprogramforhomemodications. www.sdhp.org711 East Lancaster Ave. Downingtown,PA19335 (610)873-9595(voice) 1-877-550-7347(tollfree) (610)873-9597(fax)National Domestic Violence Hotline 1-800-799-7233 (SAFE) 1-800-787-3224(TTY)92RESOURCES
RESOURCESPennsylvania Coalition Against Domestic Violence Among the services provided to domestic violence victims are: crisis intervention; counseling; accompaniment to police, medical, and court facilities; and temporary emergency shelter for victims and their dependent children. Prevention and educational programs are provided to lessen the risk of domestic violence in the community at large. 1-800-932-4632(inPennsylvania) 1-800-537-2238(national)93
December 2021 For more information or content updates, please view this manual at www.WeAreTenfold.org or contact 717.291.9945 ext. 110.