Frequently Asked Questions
Below are frequently asked questions by tenants. Please review the questions to see if your question is already answered. We will be adding additional questions as they arise. You can also submit a question to us that you think should be added by using the form below.
What do i do if my landlord is refusing to make repairs to the rental?
Your first legal step is to send the landlord a letter stating what the issues are and how they affect your living situation. Send the letter certified mail (return receipt) through the post office. You must then give the landlord reasonable amount of time to fix the issues before you can take any further legal action. Make sure you send the letter via certified mail through the United States Postal Service so you have proof you notified the landlord in writing. Keep a copy of all letters for your records. You can also call Allentown Code Enforcement at: 610-437-7694 or 610-437-7695
If I already notified my landlord about needed repairs via phone, text, or email do i still have to notify the landlord in writing?
Yes, even if you notified your landlord about needed repairs via a phone call, test message, or email; You still have to notify your landlord in writing as this is the first step in the legal process to take further legal action against your landlord. Make sure you send the letter via certified mail (return receipt) through the United States Postal Service so you have proof you notified the landlord in writing. Keep a copy of all letters for your records.
Should i move into an apartment or house where there are problems?
Generally, the answer is no. You should try to find a place that does not need significant repairs. Even if the landlord promises to make the repairs once you move in, there is no guarantee that the landlord will do so.
Can my landlord raise my rent and is there a cap on how much my landlord can raise the rent?
If you have an active written lease, you should check your lease to see if it allows your landlord to raise the rent while the lease is active, typically if you have an active written lease, your rent amount is locked in for the duration of the lease. If you do not have an active written lease or are renting month to month, then the landlord can raise the rent with an advanced written notice (typically 30 days). There are no caps on how much a landlord can charge for rent in Pennsylvania.
My lease is about to expire, does the landlord have to renew it?
No, landlords are not obligated to renew leases or continue renting to tenants if they wish to not do so. Some leases may have auto renew clauses that renews the lease automatically unless notification is given that the tenant or landlord wishes to not renew the lease. Be sure to read your lease carefully and check for renewal clauses and termination clauses.
I signed a lease with a landlord but no longer want to move in or live at the property, can i refuse to move in or live at the propety?
Written leases or rental agreements are binding contracts so once you sign a lease, you can be held to the terms of the lease. If you sign a lease and change your mind about moving into the property or no longer want to live in the rental, you will need to discuss the situation with the landlord to see if the landlord will allow you to terminate the lease early but the landlord is not obligated to do so. Legally you are responsible for the rent for the total duration of the lease unless the landlord agrees to terminate the lease in writing.
My landlord told me verbally that I must vacate because he/she is evicting me, can landlords evict through verbal communication?
No landlords cannot evict tenants just by telling them verbally that they are being evicted. Generally, an eviction process starts when the landlord serves the tenant a written eviction notice, called a Notice to Quit, stating that the landlord wants the tenant to leave the apartment or home. These notices usually give the tenant between 10 and 30 days to leave the home, depending on the reason for the eviction. Some leases will waive a tenant’s right to this notice, but such a waiver may not be enforceable if it is not clear and in plain language. Review your lease to find if there is a clause about notices required for eviction.
MY LANDLORD HAS THREATENED TO LOCK ME OUT. CAN THE LANDLORD DO SO?
The landlord is not allowed to lock you out of your apartment even if you are behind in your rent (this does not apply to rooming houses unless a lease says otherwise). The landlord must follow the eviction procedures if the landlord wants you to vacate the apartment or house. This includes the landlord providing a written vacate notice also known as notice to quit unless the notice is waived in a written lease and filing for an eviction through the courts.
My landlord threatened to turn off utilities because I owe rent, can the landlord do this?
The landlord cannot turn off services to the apartment (for example, water, electricity, or heat). If your landlord has threatened to lock you out, you should carry a copy of your lease with you, if you have one, or copies of any current utility bills as evidence that you live in the apartment or home. If your landlord does lock you out or turn off services, contact NPLS or a private attorney immediately for assistance. You may also wish to contact the local police department, as they will sometimes intervene with the landlord to get you back into the apartment at once. You should also file a consumer complaint with the Pennsylvania attorney general's office.
It’s wintertime, so I can’t be evicted. Is that right?
Wrong. The eviction process is the same in summer and winter. The only exception is for Manufactured Homes, where the park owner must give a 30 day Notice to Quit for nonpayment of rent from September through March.
If I pay everything I owe, can I stop the eviction?
If the only reason you are being evicted is non-payment of rent, you should request that the MDJ enter a judgment of “Possession Granted if Money Judgment Not Satisfied.” This is also called “pay and stay” judgment. If you pay everything you owe on the judgment, including the court costs, to the landlord or to the constable before the lock-out, you will stop the eviction. But you will lose the right to pay and stay after the constable changes the locks.
I do not have anywhere to go. What should I do?
You need to find a place for both you and your belongings. You should not leave your possessions behind. Your landlord must safeguard your possessions, but only for a limited amount of time following an eviction and you can be charged a storage fee. However, a landlord cannot hold your possessions until you pay the rent you owe. If you cannot find a new place to live, then contact family or friends. You should also contact local shelters, although they may have waiting lists or other limitations on staying there.
What if my landlord is evicting me for something related to my disability?
You should ask for a reasonable accommodation of your disability if your landlord is evicting because of your disability. An example would be if your landlord is evicting you for behavior while you weren’t getting treatment. Your request would be to ask your landlord to stop the eviction and give you time to get treatment that will help your behavior. Another example would be if your landlord is evicting you for housekeeping violations and you cannot clean because of a disability. You could ask your landlord to stop the eviction and give you time to find someone to help you clean.
My landlord filed for an eviction, When will the MDJ schedule the hearing?
The landlord or tenant can file a civil complaint with the MDJ. The landlord may file a landlord-tenant action if the landlord is seeking eviction of the tenant and possession of the property. The tenant will receive notification of the complaint and will be given a hearing date within 7 to 15 days of the filing date
i have a hearing coming up for an eviction, Should I go to the hearing?
Yes! If you don’t go to the hearing, the MDJ will decide in favor of the landlord. The hearing gives you a chance to present your “defense” or “cross-complaint” against the landlord. You should go even if you made an agreement with your landlord, unless you confirm with the MDJ that the hearing was canceled. If you cannot go on the scheduled date of the hearing, call the MDJ and ask if the hearing can be rescheduled. The MDJ may grant your request, but only if the landlord agrees or you have a good reason.
I have a hearing coming up, Do I need an attorney?
No. Lawyers are not required during the hearing although it may be to your benefit to have a lawyer present at the hearing.
I have a hearing coming up for an eviction, What happens at the hearing?
The MDJ calls the hearing to order. The party filing the complaint, or plaintiff (landlord in an eviction case), presents evidence and testimony and can bring additional witnesses. After each witness, the defendant (tenant in an eviction case) is given the opportunity to question the witness. The landlord must prove there was a lease and a violation of the lease. The tenant presents evidence and witnesses in their defense and presents any evidence or witnesses for cross-complaints. After each of the tenant’s witnesses, the landlord is given the opportunity to question the witness. The MDJ listens to all the evidence both parties have to present and makes a decision. The MDJ could make a ruling that day or may take several days to make a decision, which each party receives in the mail. The MDJ is in charge of the hearing and must be treated with respect. If the MDJ interrupts to ask a question or give a ruling, listen carefully and respond if the questions are directed to you. Do not interrupt the MDJ, or be rude or uncooperative.
I have a hearing coming up for an eviction, What is a “defense”?
A defense is your reason(s) why the landlord should not be allowed to evict you. Some common defenses are that the landlord did not allow you enough, or any, written notice to vacate the apartment, the apartment had many problems due to the landlord’s failure to make repairs, or the landlord’s reasons for wanting to evict you are untrue.
You should bring any paperwork you have that is relevant to your case. For example, if you are being evicted for non-payment of rent and have a written agreement with the landlord that you could pay in installments, then you should bring that agreement to the hearing. Likewise, if you didn’t pay the rent because of poor conditions in the apartment, you can ask that the amount of rent be reduced because of the poor conditions. You should bring pictures of those conditions, copies of the letters you sent to the landlord about the problems and proof that the rent money is in an escrow account. These items will be helpful to the MDJ in making a decision about the case.
You should bring any paperwork you have that is relevant to your case. For example, if you are being evicted for non-payment of rent and have a written agreement with the landlord that you could pay in installments, then you should bring that agreement to the hearing. Likewise, if you didn’t pay the rent because of poor conditions in the apartment, you can ask that the amount of rent be reduced because of the poor conditions. You should bring pictures of those conditions, copies of the letters you sent to the landlord about the problems and proof that the rent money is in an escrow account. These items will be helpful to the MDJ in making a decision about the case.
I have a hearing coming up for an eviction, What is a “cross-complaint”?
You also have the right to file a cross-complaint if you believe the landlord owes you any money. For instance, if your property was damaged because of a water leak or other problems in the apartment, you may have a claim against the landlord for money damages. You must file a cross-complaint before the hearing. You file a cross-complaint at the Magisterial District Court where the landlord’s complaint was filed. Although there is no filing fee for such a complaint, you will have to pay to have the complaint served on the opposing party. You can ask the MDJ’s office to serve it by certified or registered mail or in person. The fee for service will depend on how it is served.
I have a hearing coming up for an eviction, How should I prepare for my hearing?
If you have an attorney, the attorney will talk with you about the information or witnesses needed. At the hearing, the attorney will ask questions of the witnesses and cross-examine the landlord. If you do not have an attorney, you should practice saying your side of the case. Make a written outline or checklist to use at the hearing. Be brief and to the point. Be ready to explain each item of evidence, such as photographs or receipts, and when the actions you took occurred. It is important that you arrive on time for the hearing and that you dress appropriately, as you might for a job interview.
I had a hearing for an eviction, What happens after the hearing?
Within 3 days of the hearing, the MDJ will issue a written decision called a Notice of Judgment. If the judgment is in your favor, the landlord cannot evict you from the apartment. If you filed a cross-complaint, the landlord may owe you money unless an appeal is filed.
If the MDJ finds in favor of the landlord, the judgment will be entered against you. There are three types of judgments that can be issued against a tenant:
• Possession Granted;
• Possession Granted if Money Judgment Not Satisfied by time of eviction; and
• Possession NOT Granted but Money Judgment Awarded;
The Notice of Judgment will show you what type of judgment was issued. Both the landlord and tenant have the right to file an appeal to the Court of Common Pleas. Your appeal rights are discussed in more detail in the section on Appeal of the MDJ judgment.
If the MDJ finds in favor of the landlord, the judgment will be entered against you. There are three types of judgments that can be issued against a tenant:
• Possession Granted;
• Possession Granted if Money Judgment Not Satisfied by time of eviction; and
• Possession NOT Granted but Money Judgment Awarded;
The Notice of Judgment will show you what type of judgment was issued. Both the landlord and tenant have the right to file an appeal to the Court of Common Pleas. Your appeal rights are discussed in more detail in the section on Appeal of the MDJ judgment.
I had a hearing for an eviction, Is there any way I can prevent the eviction?
Possession granted if money judgment not satisfied (“pay and stay”)
If a judgment is for Possession Granted if Money Judgment Not Satisfied (known as “pay and stay”) and you pay the money owed in full any time prior to the eviction date, you will be able to avoid an eviction and remain in the home. If you pay the landlord in full, including court costs, within 10 days of the judgment, no eviction will be scheduled. If you do not pay within 10 days or file an appeal and pay a bond if required, the landlord may request an Order for Possession. (See Appeal of MDJ’s judgment on page 37). An eviction date will be scheduled ten days after the Order for Possession is posted on your door by a constable. Up to and including that date, you can 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. If you plan to pay on the date of the eviction, you will have to pay the constable directly. Make sure you have the money owed in cash. If you try to pay by check, the constable will not take the money and the eviction will proceed as scheduled. If you paid the landlord in full, the landlord should tell the MDJ to have the judgment marked “satisfied.” Call the court to make sure the landlord did this.
If a judgment is for Possession Granted if Money Judgment Not Satisfied (known as “pay and stay”) and you pay the money owed in full any time prior to the eviction date, you will be able to avoid an eviction and remain in the home. If you pay the landlord in full, including court costs, within 10 days of the judgment, no eviction will be scheduled. If you do not pay within 10 days or file an appeal and pay a bond if required, the landlord may request an Order for Possession. (See Appeal of MDJ’s judgment on page 37). An eviction date will be scheduled ten days after the Order for Possession is posted on your door by a constable. Up to and including that date, you can 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. If you plan to pay on the date of the eviction, you will have to pay the constable directly. Make sure you have the money owed in cash. If you try to pay by check, the constable will not take the money and the eviction will proceed as scheduled. If you paid the landlord in full, the landlord should tell the MDJ to have the judgment marked “satisfied.” Call the court to make sure the landlord did this.
I had a hearing for an eviction, What happens if the judgment is possession granted, or I can’t pay a money judgment against me before the eviction?
If the judgment is for Possession Granted, you will have to leave the home on the scheduled eviction date even if you pay all monies owed in full. In these cases, whether or not you have the money to pay does not make a difference. If you disagree with the decision and want to stay in the apartment, you must file an appeal to the Court of Common Pleas within ten days of the judgment date and post a bond, if required. (See Appeal of MDJ’s judgment).
If you are not planning to appeal, or you can’t pay the money judgment before the eviction, you should make plans to move out as soon as possible. If you can’t physically be out before the scheduled eviction date, then at least move all your belongings out of the rental unit. Remember, you will only have minutes to vacate when the constable arrives. The fewer things you have to gather, the easier it will be for you to leave. If you cannot remove all of your belongings, you should gather medication, important documents (such as a birth certificate or Social Security card), and anything irreplaceable (such as photos) to take with you before the constable locks the doors. If you leave the home before the scheduled eviction date, make sure you contact the landlord to let them know the apartment will be vacant and return the keys.
Order for Possession
This action can be taken by the landlord to seize your apartment. After the 10-day appeal period has passed, the landlord can file for an Order of Possession. This order requires the tenant to vacate the home within 10 days of the date of service by the constable. Service will be either by hand delivery or by posting on your door if nobody is home to receive the notice. If you do not vacate, the constable will come to the home with the landlord on the 11th day and forcibly evict you, locking the apartment. If the constable comes to evict, he will only give you about 15 minutes to get out of the apartment with any belongings you can carry.
If you are not planning to appeal, or you can’t pay the money judgment before the eviction, you should make plans to move out as soon as possible. If you can’t physically be out before the scheduled eviction date, then at least move all your belongings out of the rental unit. Remember, you will only have minutes to vacate when the constable arrives. The fewer things you have to gather, the easier it will be for you to leave. If you cannot remove all of your belongings, you should gather medication, important documents (such as a birth certificate or Social Security card), and anything irreplaceable (such as photos) to take with you before the constable locks the doors. If you leave the home before the scheduled eviction date, make sure you contact the landlord to let them know the apartment will be vacant and return the keys.
Order for Possession
This action can be taken by the landlord to seize your apartment. After the 10-day appeal period has passed, the landlord can file for an Order of Possession. This order requires the tenant to vacate the home within 10 days of the date of service by the constable. Service will be either by hand delivery or by posting on your door if nobody is home to receive the notice. If you do not vacate, the constable will come to the home with the landlord on the 11th day and forcibly evict you, locking the apartment. If the constable comes to evict, he will only give you about 15 minutes to get out of the apartment with any belongings you can carry.
I was evicted and I didn’t get all my stuff out before the constable evicted me. What can I do to get it back?
It is a good idea to tell your landlord, in writing, that you still want the property that you left behind and when you would like to come back and get it, because most landlords believe they can throw your property away after you’re evicted, but they are wrong.
The law requires the landlord to send you a notice, giving you 10 days (from the date the notice is mailed to you) to either get your property or ask the landlord to store it. The landlord is only required to store the property if you request it within 10 days and only for 30 days from the date they sent the notice. The landlord is required to mail this notice to the address that you were evicted from and any new address you may have given them.
The law requires the landlord to send you a notice, giving you 10 days (from the date the notice is mailed to you) to either get your property or ask the landlord to store it. The landlord is only required to store the property if you request it within 10 days and only for 30 days from the date they sent the notice. The landlord is required to mail this notice to the address that you were evicted from and any new address you may have given them.
What happens if the landlord gets an order for possession but a constable never comes to evict me?
Sometimes, a landlord will get an Order for Possession against a tenant, but because the parties reach an agreement, the eviction is postponed or canceled. If you receive ajudgment against you and then work out a payment arrangement with the landlord, you should make sure the payment agreement is in writing and that the landlord agrees to withdraw the order for possession.
A landlord may request the re-issuance of an Order for Possession. The request generally must be made within 120 days of the judgment date. After that time, the landlord may collect upon any unpaid money judgment, but would have to file a new complaint to evict the tenant.
A landlord may request the re-issuance of an Order for Possession. The request generally must be made within 120 days of the judgment date. After that time, the landlord may collect upon any unpaid money judgment, but would have to file a new complaint to evict the tenant.
I want to Appeal of the MDJ’s judgment, how do I do so?
Appeal of the MDJ’s judgment – staying in rental unit
If you want to appeal a judgment and remain in the unit, you must do so within 10 days of the judgment date. All appeals must be filed in the Clerk of Court’s (also called the Prothonotary) office in the county courthouse on forms you can get from the Clerk’s office and online at the Administrative Office of Pennsylvania Courts (AOPC) website.
There is a filing fee for filing an appeal, which can be waived if you have limited income and no money to pay the fee. To request a waiver of the fees, you need to fill out an IFP (in forma pauperis) application. Your petition must be approved by a judge of the Court of Common Pleas. The Clerk’s office will be able to tell you the local procedure. If you do pay the fees and win your case, these costs will usually be added to the judgment amount.
If you follow the correct procedures, you will be granted a supersedeas, which allows you to remain in your apartment during the appeal. What you have to do in order to receive the supersedeas depends upon your income.
If you want to appeal a judgment and remain in the unit, you must do so within 10 days of the judgment date. All appeals must be filed in the Clerk of Court’s (also called the Prothonotary) office in the county courthouse on forms you can get from the Clerk’s office and online at the Administrative Office of Pennsylvania Courts (AOPC) website.
There is a filing fee for filing an appeal, which can be waived if you have limited income and no money to pay the fee. To request a waiver of the fees, you need to fill out an IFP (in forma pauperis) application. Your petition must be approved by a judge of the Court of Common Pleas. The Clerk’s office will be able to tell you the local procedure. If you do pay the fees and win your case, these costs will usually be added to the judgment amount.
If you follow the correct procedures, you will be granted a supersedeas, which allows you to remain in your apartment during the appeal. What you have to do in order to receive the supersedeas depends upon your income.
What happens if there is a judgment against me?
A judgment will stay on your record until you pay it in full. It can affect your credit rating, as well as your ability to obtain private or subsidized housing. It is a good idea to pay a judgment as soon as possible to avoid any future problems. If you can’t pay the judgment in full, you can arrange a repayment agreement with the landlord.
Can the landlord sell my belongings to collect on the judgment?
If you move out of the property without getting all your possessions, your landlord must safeguard your possessions. But this is only for a limited amount of time following an eviction and you can be charged a storage fee. Most landlords don’t want your possessions and want you to move them out with you, so that they can re-rent the property. The landlord cannot hold your possessions hostage until you pay the rent you owe. If they are unreasonable, you may need to pursue legal action for the return of the property in the Court of Common Pleas.
However, if you have a money judgment against you that you do not appeal, the landlord can start collection activity. This includes seeking to sell your belongings to satisfy the judgment. This order can be requested 30 days after the judgment date or any time after that. It can be reissued repeatedly within 5 years of the judgment date.
The constable, or sheriff, will serve you a copy of the order and make a list of your property to be sold (called a “levy”). Once you receive this notice, you are not allowed to sell or dispose of the personal property, as it must be available to satisfy the levy. The constable will then schedule a sale of your property and give you notice of the date.
However, if you have a money judgment against you that you do not appeal, the landlord can start collection activity. This includes seeking to sell your belongings to satisfy the judgment. This order can be requested 30 days after the judgment date or any time after that. It can be reissued repeatedly within 5 years of the judgment date.
The constable, or sheriff, will serve you a copy of the order and make a list of your property to be sold (called a “levy”). Once you receive this notice, you are not allowed to sell or dispose of the personal property, as it must be available to satisfy the levy. The constable will then schedule a sale of your property and give you notice of the date.
Can I stop the sale of my belongings?
Yes. You can stop or put off a sale in several ways. You can file an appeal or objection to the levy (sale of your property). You can also file a “Claim for Exemption” at the MDJ’s office. The law allows you to keep, as exempt, up to $300 worth of property, or you can take $300 in cash from the proceeds of the sale instead. If you think all the property the landlord wants to sell is equal to or less than $300, the sale will be canceled and there will be a hearing by the MDJ to determine the value of your property. If the MDJ decides your property is worth more than $300, the sale will be rescheduled. (The exemption is $300 for an individual; $600 for a married couple.)
If the property levied on by the constable or sheriff is owned by someone else, or by you and another party, the other party can file a claim for exemption and try to prove to the sheriff that the property should not be sold because it doesn’t belong to you.
You can also stop the sale by paying the full amount of the judgment. You should make payment through the constable or MDJ office, not directly to the landlord. If you areoverwhelmed by this and other debts, you may consider filing for bankruptcy. If you are able to file a bankruptcy, it will immediately stop collection of debts, including sheriff sales, levies and collection calls. Bankruptcy may be of limited help in stopping an eviction, if the tenant does not have the rent to pay or has missed appeal deadlines. There are different types of bankruptcy, including a repayment plan (Chapter 13) or a debt elimination (Chapter 7) bankruptcy. Every situation is different, so whether a bankruptcy makes sense depends upon your circumstances. Contact a credit counseling agency, NPLS or a private bankruptcy attorney if you are facing a sheriff or constable sale.
If the property levied on by the constable or sheriff is owned by someone else, or by you and another party, the other party can file a claim for exemption and try to prove to the sheriff that the property should not be sold because it doesn’t belong to you.
You can also stop the sale by paying the full amount of the judgment. You should make payment through the constable or MDJ office, not directly to the landlord. If you areoverwhelmed by this and other debts, you may consider filing for bankruptcy. If you are able to file a bankruptcy, it will immediately stop collection of debts, including sheriff sales, levies and collection calls. Bankruptcy may be of limited help in stopping an eviction, if the tenant does not have the rent to pay or has missed appeal deadlines. There are different types of bankruptcy, including a repayment plan (Chapter 13) or a debt elimination (Chapter 7) bankruptcy. Every situation is different, so whether a bankruptcy makes sense depends upon your circumstances. Contact a credit counseling agency, NPLS or a private bankruptcy attorney if you are facing a sheriff or constable sale.
Can the landlord attach my wages from employment to satisfy the money judgment against me?
Yes. The landlord can file in court to have your wages attached to pay the judgment. This is a serious action. You must be notified that the landlord has filed a petition to take money directly out of your paycheck to satisfy the judgment. The landlord must follow all applicable state and local rules for wage attachment. The wage attachment may not be for more than 10% of your wages, and the attachment must not cause your income to fall below certain poverty guidelines. If you meet certain low income guidelines, you may be exempt from wage attachment. If you receive notice of a wage attachment, you should call NPLS or a private attorney for advice.
Can I file a complaint if I think I have been discriminated against?
f you believe you are being denied housing, evicted or harassed because you are a member of a protected class, you may be protected under the Fair Housing Act and state or local fair housing laws. If you are a person with a disability, you may need to request an accommodation of your disability. If your landlord denies the request or doesn’t respond to the request at all, you may file a complaint for discrimination. Gather any proof you have that you were discriminated against. Proof could include text messages, emails, letters, voicemails. If you were discriminated against in renting an apartment, keep a copy of the advertisement. Write down the property address and the landlord’s name, address and phone number.
Filing a fair housing complaint: If you believe your rights under the Fair Housing Act or the Pennsylvania Human Relations Act have been violated, you should file a complaint with either the Department of Housing and Urban Development (HUD) or the Pennsylvania Human Relations Commission (PHRC) as soon as possible. The deadline for filing a complaint with HUD is one year from the date of the discriminatory action or incident. The deadline for filing a complaint with PHRC is 180 days from the date of the discriminatory action or incident. Some cities have Human Relations Commissions that deal with fair housing complaints.
In Allentown you can also contact the human relations commissio.
City of Allentown
Fair Housing Officer
Tatiana Tooley
435 Hamilton Street
Allentown, PA 18101
610.841.3290 ext.2725
Fax: 610.439.5947
[email protected] TTY: 610-497-7551
Filing a fair housing complaint: If you believe your rights under the Fair Housing Act or the Pennsylvania Human Relations Act have been violated, you should file a complaint with either the Department of Housing and Urban Development (HUD) or the Pennsylvania Human Relations Commission (PHRC) as soon as possible. The deadline for filing a complaint with HUD is one year from the date of the discriminatory action or incident. The deadline for filing a complaint with PHRC is 180 days from the date of the discriminatory action or incident. Some cities have Human Relations Commissions that deal with fair housing complaints.
In Allentown you can also contact the human relations commissio.
City of Allentown
Fair Housing Officer
Tatiana Tooley
435 Hamilton Street
Allentown, PA 18101
610.841.3290 ext.2725
Fax: 610.439.5947
[email protected] TTY: 610-497-7551
Should I get a receipt every time I pay the rent?
Yes, you should always get a receipt so you have proof you paid the rent. Remember to get a receipt if you pay in cash or money order. You should never pay your rent without getting some sort of receipt from your landlord! If your landlord will not give you rent receipts, write your own receipt and ask the landlord to sign it when you give the landlord the rent.
Am I required to get renter's insurance and should I?
Some landlords will require tenants to get renter's insurance in a written lease. Even if your landlord does not require you to get renter's insurance it is very beneficial that you do so. Your landlord’s insurance does not cover your personal property. The landlord is not responsible for your belongings; you are. You will need to get renters insurance to cover theft, loss, or damage of your personal belongings. Contact several insurance agents and compare costs. Renter’s insurance is surprisingly affordable. A policy may cost approximately $120-$240 per year. Check whether discounts are available. If a landlord’s negligence causes damage to your property, you may have a claim against the landlord. But you might be faced with filing a lawsuit, proving the negligence and then collecting on the judgment. This is very difficult to do, especially if you are still living in the property or have limited resources. If you have renters insurance and the insurance company has evidence that someone else is responsible for the damages, they can hire an attorney and sue that party. But you still get your property repaired or replaced in a timely way by the insurance company.
What if I can't pay my rent?
A landlord can evict you for non-payment of rent. As a tenant, you are legally responsible to pay the full amount of rent in a timely manner. The lease will set the terms of your rental payments. Generally, the rent is due on the first of the month. If you don’t pay your rent on time, the landlord can file an eviction action against you. It doesn’t matter if you have a disability, your money was stolen, you just lost your job, it is the wintertime, and/or you have children. You can still be evicted for non-payment of rent.
If you will not be able to pay your rent, you should tell your landlord as soon as possible. You should not wait until the day it is due or a few days later. Explain why you can’t pay the rent and ask to make a payment arrangement. If your landlord agrees to enter into a payment arrangement, get this agreement in writing and keep a copy for your records. Remember, if you do not keep the agreement, the landlord will be able to evict you. The eviction process is discussed on the eviction article.
When you do have an unexpected loss of income, you may be able to get help from a local agency or the county assistance office for rent payments. Assistance may only be available during certain times of the year and usually only once per year. Local religious and community organizations may also offer emergency financial help. Look at our Getting Help guide or call 211 for referrals in your area.
When you sign a lease with other people, you should understand the lease terms. Each person may be responsible for the full amount of the rent if the other tenants leave without paying. This is called “joint and several liability.” So, if one of the people who signed the lease leaves or cannot pay the rent, the others will be responsible to pay the full amount due. If you think you will only be responsible for your portion of the rent, review the lease carefully or seek legal advice before signing.
If you will not be able to pay your rent, you should tell your landlord as soon as possible. You should not wait until the day it is due or a few days later. Explain why you can’t pay the rent and ask to make a payment arrangement. If your landlord agrees to enter into a payment arrangement, get this agreement in writing and keep a copy for your records. Remember, if you do not keep the agreement, the landlord will be able to evict you. The eviction process is discussed on the eviction article.
When you do have an unexpected loss of income, you may be able to get help from a local agency or the county assistance office for rent payments. Assistance may only be available during certain times of the year and usually only once per year. Local religious and community organizations may also offer emergency financial help. Look at our Getting Help guide or call 211 for referrals in your area.
When you sign a lease with other people, you should understand the lease terms. Each person may be responsible for the full amount of the rent if the other tenants leave without paying. This is called “joint and several liability.” So, if one of the people who signed the lease leaves or cannot pay the rent, the others will be responsible to pay the full amount due. If you think you will only be responsible for your portion of the rent, review the lease carefully or seek legal advice before signing.
What do i do if the landlord fails to pay utility bills that they are responsible for?
If your landlord is responsible for utility payments according to the lease, but does not make the payments, you may still be protected against a utility shut-off. In Pennsylvania, public utilities are required to notify the landlord of a proposed shut-off. The landlord must send the utility company the names and addresses of any tenants that would be affected.
Next, the utility company is required to provide tenants with 30 days’ notice of a proposed termination of service and of the tenant’s right to receive continued service if the tenant pays an amount equal to the most recent 30-day bill. If this amount is paid before the proposed date, the utility company will not terminate service. If it is paid after the termination, the utility company must restore service. The tenant may continue to pay the monthly bill and deduct that amount from the rent.
Next, the utility company is required to provide tenants with 30 days’ notice of a proposed termination of service and of the tenant’s right to receive continued service if the tenant pays an amount equal to the most recent 30-day bill. If this amount is paid before the proposed date, the utility company will not terminate service. If it is paid after the termination, the utility company must restore service. The tenant may continue to pay the monthly bill and deduct that amount from the rent.
If I pay the utility bill, does there have to be a single meter for each apartment?
Yes. If the landlord wants you to pay for regulated utilities separately, they must be separately metered. So, for example, in a three unit building, there must be meters for each of the apartments and for the common area. The common area is the landlord’s responsibility. If the units are not separately metered, the landlord must pay the utility bill and include it as part of the rental price.
If the tenants suspect the meters are not separate, they may ask the utility company to investigate whether there is a “foreign load.” If there is, the utility will put the bill in the landlord’s name and not change it until the wiring has been corrected. The landlord cannot begin an eviction action or raise the rent because the tenants report a foreign load. Retaliation is prohibited under the law. The court should refuse to evict the tenant and may award damages if the tenant files a cross complaint.
If the tenants suspect the meters are not separate, they may ask the utility company to investigate whether there is a “foreign load.” If there is, the utility will put the bill in the landlord’s name and not change it until the wiring has been corrected. The landlord cannot begin an eviction action or raise the rent because the tenants report a foreign load. Retaliation is prohibited under the law. The court should refuse to evict the tenant and may award damages if the tenant files a cross complaint.
When can my landlord enter my apartment or house i am renting?
As a tenant, you are entitled to the peaceful use and quiet enjoyment of the property you are renting. This means that unless your lease says otherwise or there is a serious emergency, your landlord should not come onto the property without your permission.
The landlord, as owner, is entitled to have keys to your apartment. However, this does not mean that the landlord can enter at any time. The lease may have a term allowing for entry into the apartment by the owner to make repairs, perform inspections, or show the property to buyers or prospective tenants.
Generally, if repairs are needed, the landlord should give you at least 24 hours’ notice. If you want to be home at that time, you may need to rearrange your schedule. If you don’t care if you are home or not, you can give the landlord permission to enter.
In an emergency, such as burst water pipes or smoke detectors activated, your landlord has the right to enter to deal with the situation. The landlord should inform you by calling, texting or leaving a note. If you have reason to believe someone was in your apartment, contact the landlord and discuss the situation right away.
The landlord, as owner, is entitled to have keys to your apartment. However, this does not mean that the landlord can enter at any time. The lease may have a term allowing for entry into the apartment by the owner to make repairs, perform inspections, or show the property to buyers or prospective tenants.
Generally, if repairs are needed, the landlord should give you at least 24 hours’ notice. If you want to be home at that time, you may need to rearrange your schedule. If you don’t care if you are home or not, you can give the landlord permission to enter.
In an emergency, such as burst water pipes or smoke detectors activated, your landlord has the right to enter to deal with the situation. The landlord should inform you by calling, texting or leaving a note. If you have reason to believe someone was in your apartment, contact the landlord and discuss the situation right away.
What if I am sexually harassed by my landlord?
Fair housing laws prohibit sexual harassment, considering it a type of sex discrimination. This means that it is illegal for a landlord to demand sexual favors in exchange for housing or for making repairs. It is also illegal for a landlord to create or allow a hostile housing environment through sexual harassment. A hostile housing environment means that a landlord, landlord’s employee, or agent engages in unwelcome sexual behavior that either creates an intimating, hostile, or abusive housing environment or unreasonably interferes with a tenant’s housing. You can file a fair housing complaint against your landlord if they are covered by fair housing laws.
What do I do if there are problems with other tenants?
If you are having problems with other tenants bothering you, report the problem to your landlord in writing. It is always best to keep a copy of any letter that you send to your landlord. Explain the problem and ask your landlord to address the situation. Short and clear letters are most effective. Send the letter certified mail (return receipt) through the United States postal service. If you don’t hear from your landlord within a few days, follow up with another letter. Hopefully, the landlord will have spoken with the tenants and advised them to stop the bothersome behavior. Keep a copy of any letters you send for your records.
In some instances, the landlord will not address the problem and then it is up to you if you want to continue to stay in the apartment. If you feel other tenants are threatening you, you may need to call the police or file a private criminal complaint at the local magisterial district court.
Remember, you are bound to the terms of the lease so if you break it and move because of problems with other tenants, the landlord may take action legal against you. If the landlord goes to court, you will need to show the judge that the landlord was violating the lease by failing to enforce your right to quiet enjoyment of the property. It is important to have evidence that you did everything you could to get the landlord’s help and resolve the situation before moving out.
In Allentown if another tenant is conducting disruptive conduct, you can call non-emergency at 610-437-7751 and request a DCR (disruptive conduct report be filed. If a renter is conducting disruptive conduct, a disruptive conduct report also known as a DCR can be filed against the tenant. After three (3) Disruptive Conduct reports in any twelve (12) month period by an occupant, the owner must begin eviction proceedings against the occupants within 10 working days, Failure to take action will result in the immediate revocation of the Registration or Rental License.
Disruptive Conduct means conduct or behavior by an occupant (another renter) or visitor that is loud, offensive, or disturbs other persons in the peaceful enjoyment of their premises, or cause damage such that a report is made to a police officer. Such conduct need not be a criminal offense, nor must criminal charges be filled.
To have a DCR filed against a renter conducting disruptive conduct, you should call the non-emergency number at: 610-437-7751 and request a DCR be filed by the officer.
In some instances, the landlord will not address the problem and then it is up to you if you want to continue to stay in the apartment. If you feel other tenants are threatening you, you may need to call the police or file a private criminal complaint at the local magisterial district court.
Remember, you are bound to the terms of the lease so if you break it and move because of problems with other tenants, the landlord may take action legal against you. If the landlord goes to court, you will need to show the judge that the landlord was violating the lease by failing to enforce your right to quiet enjoyment of the property. It is important to have evidence that you did everything you could to get the landlord’s help and resolve the situation before moving out.
In Allentown if another tenant is conducting disruptive conduct, you can call non-emergency at 610-437-7751 and request a DCR (disruptive conduct report be filed. If a renter is conducting disruptive conduct, a disruptive conduct report also known as a DCR can be filed against the tenant. After three (3) Disruptive Conduct reports in any twelve (12) month period by an occupant, the owner must begin eviction proceedings against the occupants within 10 working days, Failure to take action will result in the immediate revocation of the Registration or Rental License.
Disruptive Conduct means conduct or behavior by an occupant (another renter) or visitor that is loud, offensive, or disturbs other persons in the peaceful enjoyment of their premises, or cause damage such that a report is made to a police officer. Such conduct need not be a criminal offense, nor must criminal charges be filled.
To have a DCR filed against a renter conducting disruptive conduct, you should call the non-emergency number at: 610-437-7751 and request a DCR be filed by the officer.
Can my relatives or friends move in with me?
Your lease will say who is allowed to live in your home. If you want to have someone else move in or stay with you for an extended period of time, you should ask the landlord for permission. The landlord may want to raise the rent for additional people. If the landlord agrees to let someone else move in either permanently or temporarily, you should get that agreement in writing.
If you are pregnant or have to add a child to the lease, please review the fair housing section of this booklet carefully. A landlord covered by fair housing laws may not discriminate against a pregnant family member or a family for adding a child to the lease if they are the parent, legal custody or designee of the parent. This includes foster children and grandchildren. Discrimination could include the landlord saying the family has to move out because there isn’t enough room for everyone.
Sometimes, a tenant becomes disabled and needs a caretaker to stay with them all or part of the time. The tenant may be able to make a request to allow that person to move in, as a reasonable accommodation of their disability. If the tenant lives in public housing, the caretaker’s income should not be included as part of the household for rent calculation purposes.
If you are pregnant or have to add a child to the lease, please review the fair housing section of this booklet carefully. A landlord covered by fair housing laws may not discriminate against a pregnant family member or a family for adding a child to the lease if they are the parent, legal custody or designee of the parent. This includes foster children and grandchildren. Discrimination could include the landlord saying the family has to move out because there isn’t enough room for everyone.
Sometimes, a tenant becomes disabled and needs a caretaker to stay with them all or part of the time. The tenant may be able to make a request to allow that person to move in, as a reasonable accommodation of their disability. If the tenant lives in public housing, the caretaker’s income should not be included as part of the household for rent calculation purposes.
What if I need to modify something in my rental unit due to a disability?
A reasonable modification is a change to the structure of an apartment or house. An example would be installing a ramp to the front door for someone who cannot climb stairs. Other examples are installing grab bars, an accessible shower or a fire alarm with flashing lights.
Usually tenants must pay for the reasonable modification. A landlord must pay if the landlord receives money from the federal government. Also, a landlord must pay if the building was built after March 13, 1991 and the building does not meet fair housing accessibility rules.
You should ask your landlord’s permission before you make any modifications. Your landlord should give you permission to make the modifications. The modifications should be done in a workmanlike manner. Your landlord cannot ask you for an extra security deposit. You may have to pay to take out the modifications before you move out. You may have to put money in an escrow account to show your landlord you can afford to take out the modifications.
Usually tenants must pay for the reasonable modification. A landlord must pay if the landlord receives money from the federal government. Also, a landlord must pay if the building was built after March 13, 1991 and the building does not meet fair housing accessibility rules.
You should ask your landlord’s permission before you make any modifications. Your landlord should give you permission to make the modifications. The modifications should be done in a workmanlike manner. Your landlord cannot ask you for an extra security deposit. You may have to pay to take out the modifications before you move out. You may have to put money in an escrow account to show your landlord you can afford to take out the modifications.
What is a reasonable accommodation for a disability?
A reasonable accommodation is a change or exception to a rule. The rule can be a lease term, a landlord’s policy or a landlord’s practice. An example would be the landlord assigning a parking space to a tenant with a disability when the other spaces are “first come, first served.” Another example would be a landlord allowing you to have an assistance animal even though the building does not allow pets.
You can ask for a reasonable modification or reasonable accommodation at any time. You can ask when you apply for the apartment. You can ask when you move in. You can also ask while you are living there. You can ask if your landlord is evicting you for something related to your disability.
You do not have to ask for a reasonable modification or reasonable accommodation in writing. It is best if you ask in writing so you have proof. Write the date on the letter. Keep a copy of the letter, email or text.
Your landlord can ask for proof that you have a disability and that your request is related to your disability. But your landlord cannot ask for proof if your disability is obvious. Your landlord cannot ask for your diagnosis or for your medical records.
Your landlord should give you an answer about your request. Your landlord may be violating the law if your landlord does not give you an answer within a reasonable time.
Your landlord can deny your request if it would cause your landlord an undue financial and administrative burden. Your landlord can also deny your request if it would be a fundamental alteration of your landlord’s services. Fair housing laws do not protect tenants who are a direct threat to the health or safety of other people.
You can ask for a reasonable modification or reasonable accommodation at any time. You can ask when you apply for the apartment. You can ask when you move in. You can also ask while you are living there. You can ask if your landlord is evicting you for something related to your disability.
You do not have to ask for a reasonable modification or reasonable accommodation in writing. It is best if you ask in writing so you have proof. Write the date on the letter. Keep a copy of the letter, email or text.
Your landlord can ask for proof that you have a disability and that your request is related to your disability. But your landlord cannot ask for proof if your disability is obvious. Your landlord cannot ask for your diagnosis or for your medical records.
Your landlord should give you an answer about your request. Your landlord may be violating the law if your landlord does not give you an answer within a reasonable time.
Your landlord can deny your request if it would cause your landlord an undue financial and administrative burden. Your landlord can also deny your request if it would be a fundamental alteration of your landlord’s services. Fair housing laws do not protect tenants who are a direct threat to the health or safety of other people.
What is the requirement for accessibility?
Newer multi-family housing must be accessible to people with disabilities. Requirements for buildings with four or more units built after March 13, 1991 are:
• Public and common areas must be accessible to persons with disabilities
• Doors and hallways must be wide enough for wheelchairs
• All units must have an accessible route into and through the unit; accessible light switches, electrical outlets, thermostats and other environmental controls; reinforced bathroom walls to allow later installation of grab bars; and kitchens and bathrooms that can be used by people in wheelchairs. If a building with four or more units does not have an elevator, the requirements listed above apply to units on the ground floor. These requirements for new buildings do not replace any stricter standards in state or local law.
• Public and common areas must be accessible to persons with disabilities
• Doors and hallways must be wide enough for wheelchairs
• All units must have an accessible route into and through the unit; accessible light switches, electrical outlets, thermostats and other environmental controls; reinforced bathroom walls to allow later installation of grab bars; and kitchens and bathrooms that can be used by people in wheelchairs. If a building with four or more units does not have an elevator, the requirements listed above apply to units on the ground floor. These requirements for new buildings do not replace any stricter standards in state or local law.
What is the warranty of habitability?
The “warranty of habitability” is a guarantee that the landlord must provide safe and sanitary conditions in the rental unit. It is implied by law into every residential lease. It does not mean that the housing was inspected and/or approved to meet local housing standards. It just means that if the landlord does not provide basic conditions to ensure that the place is safe and sanitary, the landlord can be held responsible.
The landlord must provide drinkable water, heat, a working sewer system, a working electrical system, a working smoke detector, a working lock for your outside door, a place not infested with insects and/or rodents, and a safe structure both inside and outside the home. While it may be a tenant’s responsibility to pay for certain utilities, for example, the landlord must make sure the wires and pipes are in good working order.
Complain to local Code Enforcement or Health Bureau
Many areas have local Code Enforcement Officers and/or Health Inspectors whose job it is to make sure that landlords meet the requirements of the building codes. Some municipalities require the landlord to obtain a certificate of occupancy before a property is leased, which may have included an inspection. If your landlord is not providing a safe and sanitary place, then you should call your local Code Enforcement Office or Health Inspector. In rural areas, contact the township or municipal office for the name of the housing officer or Pennsylvania agency responsible for inspection of residential property.
In Allentown, you can call code enforcement at 610-437-7695 or 610-437-7694 to file a complaint.
The landlord must provide drinkable water, heat, a working sewer system, a working electrical system, a working smoke detector, a working lock for your outside door, a place not infested with insects and/or rodents, and a safe structure both inside and outside the home. While it may be a tenant’s responsibility to pay for certain utilities, for example, the landlord must make sure the wires and pipes are in good working order.
Complain to local Code Enforcement or Health Bureau
Many areas have local Code Enforcement Officers and/or Health Inspectors whose job it is to make sure that landlords meet the requirements of the building codes. Some municipalities require the landlord to obtain a certificate of occupancy before a property is leased, which may have included an inspection. If your landlord is not providing a safe and sanitary place, then you should call your local Code Enforcement Office or Health Inspector. In rural areas, contact the township or municipal office for the name of the housing officer or Pennsylvania agency responsible for inspection of residential property.
In Allentown, you can call code enforcement at 610-437-7695 or 610-437-7694 to file a complaint.
There are problems or needed repairs in the rental property, can I just refuse to pay my rent and withhold it?
No, you should not just withhold rent without following the legal process to do so.
Withholding rent may be appropriate for you only if:
• you cannot afford to pay for the repairs, and
• your problems are so serious that your home is uninhabitable.
But be careful, withholding the rent is often not the most appropriate choice and many courts do not look favorably on it. While you are withholding rent you should be looking for another place to live, because the landlord may then try to evict you for nonpayment of rent.
Examples of what would not be appropriate problems for withholding rent are torn carpeting, leaky faucets, toilets that won’t stop running, cracked walls, or a small or minor amount of insects or rodents. Examples of what may be appropriate are no hot water, no heat in the winter, dangerous conditions in the structure of your home, a seriously malfunctioning sewage system, or a serious infestation of rodents or insects.
The safest way to withhold rent to try to get the landlord to improve conditions is to put the rent money into a separate bank account from your other funds. This way, if your landlord tries to evict you or sue you for the money, you can prove to the court that you were not using the money for another purpose.
The first step in this process would be to write to your landlord to tell them about your problem(s) and ask your landlord to fix it. Do not skip this step— you must tell your landlord in writing, even if you’ve already told them before about the problem.
• Be detailed about the problem— explain how seriously it affects your family’s home, life, health, safety, cleanliness, etc. If you can, also take pictures of the problem.
• Always keep copies of all your letters.
• Give your landlord a reasonable time to do the repairs.
• If no repairs are made, write the landlord again. Tell the landlord that because he has not fixed your problem, your home is uninhabitable and, therefore, you intend to withhold your rent.
Do not spend the rent money. Put the money into a separate account (escrow account). You can ask your local bank how to do this. This way, if your landlord takes you to court and wins a judgment against you for nonpayment of rent, you will have the money to pay it back.
It is best to send the letter via certified mail (return receipt) through the United States postal service so you have proof you sent the letter to the landlord.
Withholding rent may be appropriate for you only if:
• you cannot afford to pay for the repairs, and
• your problems are so serious that your home is uninhabitable.
But be careful, withholding the rent is often not the most appropriate choice and many courts do not look favorably on it. While you are withholding rent you should be looking for another place to live, because the landlord may then try to evict you for nonpayment of rent.
Examples of what would not be appropriate problems for withholding rent are torn carpeting, leaky faucets, toilets that won’t stop running, cracked walls, or a small or minor amount of insects or rodents. Examples of what may be appropriate are no hot water, no heat in the winter, dangerous conditions in the structure of your home, a seriously malfunctioning sewage system, or a serious infestation of rodents or insects.
The safest way to withhold rent to try to get the landlord to improve conditions is to put the rent money into a separate bank account from your other funds. This way, if your landlord tries to evict you or sue you for the money, you can prove to the court that you were not using the money for another purpose.
The first step in this process would be to write to your landlord to tell them about your problem(s) and ask your landlord to fix it. Do not skip this step— you must tell your landlord in writing, even if you’ve already told them before about the problem.
• Be detailed about the problem— explain how seriously it affects your family’s home, life, health, safety, cleanliness, etc. If you can, also take pictures of the problem.
• Always keep copies of all your letters.
• Give your landlord a reasonable time to do the repairs.
• If no repairs are made, write the landlord again. Tell the landlord that because he has not fixed your problem, your home is uninhabitable and, therefore, you intend to withhold your rent.
Do not spend the rent money. Put the money into a separate account (escrow account). You can ask your local bank how to do this. This way, if your landlord takes you to court and wins a judgment against you for nonpayment of rent, you will have the money to pay it back.
It is best to send the letter via certified mail (return receipt) through the United States postal service so you have proof you sent the letter to the landlord.
There are needed repairs in the rental property, can I just repair the problems myself and deduct the costs from the rent?
You must first follow the legal process to do so and the repairs can't cost more than what you pay for your monthly rent.
Repair and Deduct may be a good solution for you if:
• You don’t want to move,
• Your problem is something specific that a repair person can fix, and
• The repairs will cost less than what you pay for your monthly rent. If you have already called or texted the landlord about the repair, but gotten no response, you must write to your landlord about the conditions that need to be repaired. Do not skip this step — you must put it in writing so that the landlord is aware of the situation, even if you’ve already talked about it many times. (There are sample letters on the website).
• Be brief but detailed about the problem — explain how it affects your family’s home, health, safety or cleanliness. If you can, also take pictures and/or videos of the problem.
• Always keep copies of all your letters.
• Give your landlord a reasonable time to do the repairs.
Send the letters certified mail (return receipt) through the United States postal service.
If the landlord doesn’t respond to your request, call around and get about three written estimates of how much the repairs will cost. Write the landlord again and let the landlord know that you plan to get it fixed yourself and to subtract the cost from your rent. Choose the most reasonably priced company. Remember, you can only use the repair and deduct option if you can pay for the repairs yourself and they cost less than a month’s rent.
Before you get the repairs done, take pictures or video and make sure that other people have seen the problem and its effects. You want to have proof that the problem was serious in case you need to go to court. In addition, it would be helpful to ask the repair people to describe the problems in their written estimates or receipts.
When you get the repairs done, get a receipt. Then, when it is time to pay rent, write to your landlord again to tell them that you got the repairs done and how much money you spent. Give your landlord a copy of your receipt and subtract the amount you paid for repairs from your usual rent amount. Pay your landlord the difference for your next month’s rent. Important: only spend the money on the repairs, not on anything else. The next month you must go back to paying your usual amount.
Repair and Deduct may be a good solution for you if:
• You don’t want to move,
• Your problem is something specific that a repair person can fix, and
• The repairs will cost less than what you pay for your monthly rent. If you have already called or texted the landlord about the repair, but gotten no response, you must write to your landlord about the conditions that need to be repaired. Do not skip this step — you must put it in writing so that the landlord is aware of the situation, even if you’ve already talked about it many times. (There are sample letters on the website).
• Be brief but detailed about the problem — explain how it affects your family’s home, health, safety or cleanliness. If you can, also take pictures and/or videos of the problem.
• Always keep copies of all your letters.
• Give your landlord a reasonable time to do the repairs.
Send the letters certified mail (return receipt) through the United States postal service.
If the landlord doesn’t respond to your request, call around and get about three written estimates of how much the repairs will cost. Write the landlord again and let the landlord know that you plan to get it fixed yourself and to subtract the cost from your rent. Choose the most reasonably priced company. Remember, you can only use the repair and deduct option if you can pay for the repairs yourself and they cost less than a month’s rent.
Before you get the repairs done, take pictures or video and make sure that other people have seen the problem and its effects. You want to have proof that the problem was serious in case you need to go to court. In addition, it would be helpful to ask the repair people to describe the problems in their written estimates or receipts.
When you get the repairs done, get a receipt. Then, when it is time to pay rent, write to your landlord again to tell them that you got the repairs done and how much money you spent. Give your landlord a copy of your receipt and subtract the amount you paid for repairs from your usual rent amount. Pay your landlord the difference for your next month’s rent. Important: only spend the money on the repairs, not on anything else. The next month you must go back to paying your usual amount.
The landlord won't fix needed repairs in the rental property, Can I just move out?
If a landlord does not provide certain things for you that cause a serious problem, such as a working sewer system, heat in cold weather, or drinkable water, the landlord may be violating the “warranty of habitability.” In these situations, you have the right to end your lease and move out.
• Do not just leave. If you plan to move out, you should first write to your landlord to briefly explain the problems. Ask that the problems be fixed within a reasonable period of time. Try to be brief, but include some details of the problem. For example,
“Since the neighbor moved out two months ago, we have seen an infestation of cockroaches. We have asked you to call an exterminator, but you have not done so. My child’s doctor says this may be what is making her asthma worse.”
“None of the radiators are working on the second floor. Because of that it is very cold and uncomfortable. We are afraid the pipes will freeze.”
• Set a reasonable deadline for the repair. Keep a copy of your letter. (There are sample letters on the website). Send any letters certified mail (return receipt) through the USPS. Remember to keep a copy of any letters for your records.
If the landlord does not fix the problems within a reasonable time, plan your move.
When you know when you will be moving out, write to your landlord again to tell him that he has violated the warranty of habitability because the landlord did not fix these problems and, as a result, you are moving out. You may also want to request your security deposit back and some back rent for the time the conditions were bad.
Send or deliver the letter when you know you are moving out. Always take pictures to show that you have not left behind trash or damaged the home. Also take pictures of the conditions you complained about, if possible.
• Do not just leave. If you plan to move out, you should first write to your landlord to briefly explain the problems. Ask that the problems be fixed within a reasonable period of time. Try to be brief, but include some details of the problem. For example,
“Since the neighbor moved out two months ago, we have seen an infestation of cockroaches. We have asked you to call an exterminator, but you have not done so. My child’s doctor says this may be what is making her asthma worse.”
“None of the radiators are working on the second floor. Because of that it is very cold and uncomfortable. We are afraid the pipes will freeze.”
• Set a reasonable deadline for the repair. Keep a copy of your letter. (There are sample letters on the website). Send any letters certified mail (return receipt) through the USPS. Remember to keep a copy of any letters for your records.
If the landlord does not fix the problems within a reasonable time, plan your move.
When you know when you will be moving out, write to your landlord again to tell him that he has violated the warranty of habitability because the landlord did not fix these problems and, as a result, you are moving out. You may also want to request your security deposit back and some back rent for the time the conditions were bad.
Send or deliver the letter when you know you are moving out. Always take pictures to show that you have not left behind trash or damaged the home. Also take pictures of the conditions you complained about, if possible.
Can I file a lawsuit for damages?
Suing for damages may be a good solution for you if you’ve already spent your own money to get things repaired, or if you’re moving out and think you deserve some rent back because the home had serious problems. You can sue whether you are staying in the home or moving out, although it’s usually difficult while you are still a tenant.
Before bringing this kind of lawsuit, you should make sure that you’ve notified the landlord of the problems in writing, and given a reasonable chance to make the repairs. You may also bring the complaint as a “cross complaint” if the landlord files for eviction.
Pennsylvania’s “small claims court” is the Magisterial District Court and cases are heard by the Magisterial District Judge (MDJ). MDJs hear landlord tenant cases and civil complaints. There are standard “complaint forms” available at the local office or on the Administrative Office of Pennsylvania Courts (AOPC) website at www.pacourts.us.
In this complaint, you can ask for money damages. For example, you can ask for the amount of money you’ve spent to repair the problem or to make your place more livable. You might want to ask for a refund for part or all of the rent you paid during the time period when the problem made your home uninhabitable. If your utility bills were unusually high because of the problem, you could ask that the landlord be charged the difference.
If your property was damaged or destroyed because of the bad conditions (spoiled food, damaged clothing, or furniture), include the reasonable value of the items in your complaint. You would have to show that the landlord knew about the need for the repair and failed to take necessary action.
You will have to bring evidence, such as photographs. It is best if you print out pictures that are on your cellphone or camera. It would also be helpful for other people who have seen the bad conditions to come to your hearing and testify for you. If the local Code Enforcement inspector ordered repairs and the landlord failed to comply, ask the inspector to testify at the hearing and bring any notices sent to you and the landlord. If they need a subpoena, the MDJ can issue one upon request of a party to the lawsuit.
You will need to prove that these problems were your landlord’s fault or responsibility and that the landlord didn’t fix the problems within a reasonable time after you told the landlord about them. Bring to court all receipts for your expenses, back rent, utility bills, and for anything else you are asking the MDJ to reimburse you for having to deal with this problem.
Before bringing this kind of lawsuit, you should make sure that you’ve notified the landlord of the problems in writing, and given a reasonable chance to make the repairs. You may also bring the complaint as a “cross complaint” if the landlord files for eviction.
Pennsylvania’s “small claims court” is the Magisterial District Court and cases are heard by the Magisterial District Judge (MDJ). MDJs hear landlord tenant cases and civil complaints. There are standard “complaint forms” available at the local office or on the Administrative Office of Pennsylvania Courts (AOPC) website at www.pacourts.us.
In this complaint, you can ask for money damages. For example, you can ask for the amount of money you’ve spent to repair the problem or to make your place more livable. You might want to ask for a refund for part or all of the rent you paid during the time period when the problem made your home uninhabitable. If your utility bills were unusually high because of the problem, you could ask that the landlord be charged the difference.
If your property was damaged or destroyed because of the bad conditions (spoiled food, damaged clothing, or furniture), include the reasonable value of the items in your complaint. You would have to show that the landlord knew about the need for the repair and failed to take necessary action.
You will have to bring evidence, such as photographs. It is best if you print out pictures that are on your cellphone or camera. It would also be helpful for other people who have seen the bad conditions to come to your hearing and testify for you. If the local Code Enforcement inspector ordered repairs and the landlord failed to comply, ask the inspector to testify at the hearing and bring any notices sent to you and the landlord. If they need a subpoena, the MDJ can issue one upon request of a party to the lawsuit.
You will need to prove that these problems were your landlord’s fault or responsibility and that the landlord didn’t fix the problems within a reasonable time after you told the landlord about them. Bring to court all receipts for your expenses, back rent, utility bills, and for anything else you are asking the MDJ to reimburse you for having to deal with this problem.
I want to move out at the end of my lease, do I have to give notice to the landlord?
As the end of the lease approaches, you need to discuss the renewal or termination of the lease with your landlord. If you want to move out of your apartment or house, you need to give notice to your landlord. Check your lease to see how much notice is needed and how it must be delivered. Your notice to the landlord should be in writing and sent by certified mail or delivered in person.
Moving out Follow the moving out procedures in your lease to make sure that your responsibilities for the apartment are finished before you leave.
• Give your landlord - in writing - your new address or a forwarding address for receiving mail.
• Remove all your belongings and trash.
• Clean the apartment. Arrange to turn off or transfer the utilities that are in your name.
• Return the apartment to the way it was when you moved in.
• Walk through the apartment with the landlord and review the checklist and photos of when you moved in. Have the landlord sign the checklist.
• Take new photos if there have been changes.
• Lock all doors and windows. Then return your keys to the landlord.
Moving out Follow the moving out procedures in your lease to make sure that your responsibilities for the apartment are finished before you leave.
• Give your landlord - in writing - your new address or a forwarding address for receiving mail.
• Remove all your belongings and trash.
• Clean the apartment. Arrange to turn off or transfer the utilities that are in your name.
• Return the apartment to the way it was when you moved in.
• Walk through the apartment with the landlord and review the checklist and photos of when you moved in. Have the landlord sign the checklist.
• Take new photos if there have been changes.
• Lock all doors and windows. Then return your keys to the landlord.
What is a security deposit?
The security deposit is the money you give the landlord when first renting the apartment or house. It is intended to cover damages that might be caused by the tenant during the term of the lease.
How much can a landlord charge for a security deposit?
Amount of your deposit
In Pennsylvania, the security deposit can be up to 2 months’ rent in the first year. The amount of the security deposit paid to the landlord should be written on the lease, and you should get a receipt for the security deposit for your records. If you paid more than one month’s rent deposit when you moved in, the amount over one month’s rent must be returned at the end of the first year. Never give your landlord money without getting a receipt! Don’t pay the full security deposit until you have signed the lease and are getting the keys!
Bank account and interest
If the security deposit is over $100, your landlord must put it in a bank account after the second year and give you written notice of the name and address of the bank and the amount of the deposit. Interest on the security deposit during the first year belongs to the landlord. After the first year, you are entitled to the interest on a security deposit over $100.
In Pennsylvania, the security deposit can be up to 2 months’ rent in the first year. The amount of the security deposit paid to the landlord should be written on the lease, and you should get a receipt for the security deposit for your records. If you paid more than one month’s rent deposit when you moved in, the amount over one month’s rent must be returned at the end of the first year. Never give your landlord money without getting a receipt! Don’t pay the full security deposit until you have signed the lease and are getting the keys!
Bank account and interest
If the security deposit is over $100, your landlord must put it in a bank account after the second year and give you written notice of the name and address of the bank and the amount of the deposit. Interest on the security deposit during the first year belongs to the landlord. After the first year, you are entitled to the interest on a security deposit over $100.
Can my landlord charge an extra sexurity deposit for assistance animals?
No deposit for assistance animals
Fair housing laws allow a person with a disability to request reasonable accommodations of rules and regulations to allow equal enjoyment of housing. This includes a request to have an assistance animal. An assistance animal is a service animal or emotional support animal for an individual with a disability. You can ask that the extra pet rent or security deposit be waived as a reasonable accommodation request.
You may need a letter from a doctor, therapist or caseworker saying your animal is an emotional support animal. The letter should explain that you have a disability and how the animal will assist you. A note from a doctor or therapist is helpful, but there is no need to provide medical records or a training certificate for the animal. The landlord should allow the assistance animal if the request is reasonable and will not impose an undue hardship. The landlord may not charge a “pet deposit” or additional fee, such as “pet rent.”
Fair housing laws allow a person with a disability to request reasonable accommodations of rules and regulations to allow equal enjoyment of housing. This includes a request to have an assistance animal. An assistance animal is a service animal or emotional support animal for an individual with a disability. You can ask that the extra pet rent or security deposit be waived as a reasonable accommodation request.
You may need a letter from a doctor, therapist or caseworker saying your animal is an emotional support animal. The letter should explain that you have a disability and how the animal will assist you. A note from a doctor or therapist is helpful, but there is no need to provide medical records or a training certificate for the animal. The landlord should allow the assistance animal if the request is reasonable and will not impose an undue hardship. The landlord may not charge a “pet deposit” or additional fee, such as “pet rent.”
How do I get my security deposit back and when?
Getting your deposit back
You are moving out of the rental unit at the end of the lease and want to get your full security deposit returned. Your rent must be current when you move out. You must give the landlord a forwarding address in writing and surrender possession of the unit. When sending your landlord a letter with the forwarding address, make sure you send it certified mail (return receipt) through the USPS and keep a copy for your records. This usually means returning your keys to the landlord or manager, although sometimes they ask you to leave the keys in the unit. Some will agree to a walk through inspection at move-out and you may want to use a checklist to confirm the conditions of the property upon move-out.
The landlord must take action within thirty days of date of tenant’s surrender of possession as long as they have the tenant’s forwarding address:
• return the full security deposit, or
• give the tenant an itemized list of damages and return whatever security deposit is left after damages.
If you fail to give the landlord your new address in writing, the landlord is not responsible for returning the deposit within thirty (30) days. If the itemized list of damages is not given in writing, the landlord gives up his right to sue the tenant for damages to the unit.
You are moving out of the rental unit at the end of the lease and want to get your full security deposit returned. Your rent must be current when you move out. You must give the landlord a forwarding address in writing and surrender possession of the unit. When sending your landlord a letter with the forwarding address, make sure you send it certified mail (return receipt) through the USPS and keep a copy for your records. This usually means returning your keys to the landlord or manager, although sometimes they ask you to leave the keys in the unit. Some will agree to a walk through inspection at move-out and you may want to use a checklist to confirm the conditions of the property upon move-out.
The landlord must take action within thirty days of date of tenant’s surrender of possession as long as they have the tenant’s forwarding address:
• return the full security deposit, or
• give the tenant an itemized list of damages and return whatever security deposit is left after damages.
If you fail to give the landlord your new address in writing, the landlord is not responsible for returning the deposit within thirty (30) days. If the itemized list of damages is not given in writing, the landlord gives up his right to sue the tenant for damages to the unit.
Can i sue for my security deposit?
Suing for your deposit
Pennsylvania law allows tenants to sue for damages if the landlord improperly refuses to return all or part of the security deposit. You can sue your landlord in the Magisterial District Court for the area where your apartment is located. If you are unsure which MDJ has jurisdiction, check with the County Court Administrator for the Court of Common Pleas or look for a map on their website.
The MDJ office has complaint forms to fill out with simple instructions and there are forms available online. You will have to pay the filing costs unless you have limited income and assets, in which case you can ask the court to waive the filing fees. To request a waiver of the fees, you need to fill out an IFP (in forma pauperis) application. If you do pay the fees and win your case, these costs will usually be added to the judgment amount.
The tenant may sue for double the amount of the security deposit if the landlord does not send the list of itemized damages or return the deposit within (30) days. The 30 days starts when the landlord receives notice of the forwarding address and possession of the apartment, whichever is later. If this is the case, be sure to say that you are asking for double the deposit in the complaint.
The MDJ will schedule the hearing, give you a copy of your complaint, and serve a copy on your landlord.
Bring the following with you to the hearing:
1) all rent receipts (or canceled checks or money order stubs) or proof that there was no balance owed at the end of the lease,
2) receipt for the security deposit, canceled check or lease agreement,
3) checklist or pictures when you moved in, if available and pictures when you moved out,
4) witnesses who saw you pay the deposit and/or who know the condition of your apartment when you moved in and moved out, and
5) a copy of the letter, email or text message that you sent to the landlord, giving your forwarding address.
At the hearing, you will have to prove that:
1) your rent was current,
2) you paid a security deposit,
3) you did not cause any damages and left the unit in the condition it was in when you moved in, minus normal wear and tear, and 4) you gave your landlord written notice of your forwarding address.
It is always a good idea to talk to a lawyer before suing for your security deposit. A lawyer can help you decide if you have a good case. If either side disagrees with the decision of the MDJ, they have 30 days to appeal to the Court of Common Pleas in that county. The procedure in the Common Pleas Court is more formal and more difficult for those without lawyers (pro se). If you win and the other side appeals, you may need to retain an attorney or get additional advice to proceed on your own.
A landlord who routinely refuses to return deposits or itemizes damages that are not true may be committing consumer fraud. The Unfair Trade Practices and Consumer Protection Law (UTPCPL) provides protections and gives the Pennsylvania Attorney General and consumers the right to sue for damages. This can include up to three times the actual damages and attorney fees.
Pennsylvania law allows tenants to sue for damages if the landlord improperly refuses to return all or part of the security deposit. You can sue your landlord in the Magisterial District Court for the area where your apartment is located. If you are unsure which MDJ has jurisdiction, check with the County Court Administrator for the Court of Common Pleas or look for a map on their website.
The MDJ office has complaint forms to fill out with simple instructions and there are forms available online. You will have to pay the filing costs unless you have limited income and assets, in which case you can ask the court to waive the filing fees. To request a waiver of the fees, you need to fill out an IFP (in forma pauperis) application. If you do pay the fees and win your case, these costs will usually be added to the judgment amount.
The tenant may sue for double the amount of the security deposit if the landlord does not send the list of itemized damages or return the deposit within (30) days. The 30 days starts when the landlord receives notice of the forwarding address and possession of the apartment, whichever is later. If this is the case, be sure to say that you are asking for double the deposit in the complaint.
The MDJ will schedule the hearing, give you a copy of your complaint, and serve a copy on your landlord.
Bring the following with you to the hearing:
1) all rent receipts (or canceled checks or money order stubs) or proof that there was no balance owed at the end of the lease,
2) receipt for the security deposit, canceled check or lease agreement,
3) checklist or pictures when you moved in, if available and pictures when you moved out,
4) witnesses who saw you pay the deposit and/or who know the condition of your apartment when you moved in and moved out, and
5) a copy of the letter, email or text message that you sent to the landlord, giving your forwarding address.
At the hearing, you will have to prove that:
1) your rent was current,
2) you paid a security deposit,
3) you did not cause any damages and left the unit in the condition it was in when you moved in, minus normal wear and tear, and 4) you gave your landlord written notice of your forwarding address.
It is always a good idea to talk to a lawyer before suing for your security deposit. A lawyer can help you decide if you have a good case. If either side disagrees with the decision of the MDJ, they have 30 days to appeal to the Court of Common Pleas in that county. The procedure in the Common Pleas Court is more formal and more difficult for those without lawyers (pro se). If you win and the other side appeals, you may need to retain an attorney or get additional advice to proceed on your own.
A landlord who routinely refuses to return deposits or itemizes damages that are not true may be committing consumer fraud. The Unfair Trade Practices and Consumer Protection Law (UTPCPL) provides protections and gives the Pennsylvania Attorney General and consumers the right to sue for damages. This can include up to three times the actual damages and attorney fees.
What if my landlord sells the property?
When the owner sells the building, the new owner takes the property subject to the existing lease. The new owner must get the information about the tenants from the prior owners, including their rental payment history, security deposits and copies of lease agreements. You can make the new owner follow the lease, just as you must continue to abide by the lease. Sometimes the new owner will offer a buyout to pay you for the months remaining on the lease but you are not obligated to do so. If you do make sure you get the agreement in writing.
What if i find out that the landlord is in foreclosure?
You may find out that your landlord is in foreclosure or behind on taxes, by seeing a notice posted by the sheriff or delivered to the tenants. Pennsylvania law requires a bank foreclosing on a property to send certain notices to the property owner and then to file a mortgage foreclosure action in the Court of Common Pleas.
That process can take many months or sometimes years. The owner will not lose the property until there has been a sheriff sale or tax sale. You will still owe rent while the property is in foreclosure, but make sure the owner is still taking responsibility for the property, making repairs and paying utilities.
If the property sells at the sheriff sale, the purchaser at sheriff sale may demand that you vacate the residence. There was a law called “Protecting Tenants at Foreclosure Act (PTFA)” that required the new owner to honor a tenant’s lease, but that law expired in 2015. In some cases, properties with HUD-owned mortgages may offer a tenant the opportunity to apply to rent the property at fair market value.
The new owner must file a legal action to take over the property. Sometimes, they will offer a small amount of money for moving costs if you move immediately. Because they are not your landlord, they cannot file a complaint at the MDJ. They must file in the county Court of Common Pleas an action in Ejectment. This process can take several months and you may be able to negotiate with the new owner for an agreeable move out date.
That process can take many months or sometimes years. The owner will not lose the property until there has been a sheriff sale or tax sale. You will still owe rent while the property is in foreclosure, but make sure the owner is still taking responsibility for the property, making repairs and paying utilities.
If the property sells at the sheriff sale, the purchaser at sheriff sale may demand that you vacate the residence. There was a law called “Protecting Tenants at Foreclosure Act (PTFA)” that required the new owner to honor a tenant’s lease, but that law expired in 2015. In some cases, properties with HUD-owned mortgages may offer a tenant the opportunity to apply to rent the property at fair market value.
The new owner must file a legal action to take over the property. Sometimes, they will offer a small amount of money for moving costs if you move immediately. Because they are not your landlord, they cannot file a complaint at the MDJ. They must file in the county Court of Common Pleas an action in Ejectment. This process can take several months and you may be able to negotiate with the new owner for an agreeable move out date.
I moved out of the rental property but couldn't get all of my belongings out, what are my rights?
Abandoned Personal Property Law enacted in 2012, provide that, upon termination of a lease or relinquishment of possession by the tenant, a tenant must remove all personal property from the leased premises. Personal property left behind may be deemed abandoned if:
“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 to keep or contact your Landlord at (insert telephone number and address) to request that the property be retained or stored. If requested, storage will be provided for up to thirty days from the postmark date of this notice at a place of your Landlord’s choosing, and you will be responsible for costs of storage.”
This notice must be sent by first-class mail to the tenant at the address of the leased premises and to any forwarding address provided by the tenant, including any address provided for emergency purposes.
The tenant has ten days from the postmark date of the notice to retrieve the property or to request the property be stored for an additional period not exceeding thirty days from the date of the notice. If the tenant requests storage, the landlord must retain or store the property for thirty days from the date of the notice.
Storage may be at any place of the landlord’s choosing and the tenant is responsible for the cost. The landlord must exercise ordinary care in handling and securing the tenant’s property and make the property reasonably available for purposes of retrieval.
However, the amendments does provide protection for a tenant who has received a protection from abuse order (PFA) for the safety of the tenant or a member of the tenant’s family. If a landlord has knowledge of a PFA, the landlord must refrain from disposing of the personal property for thirty days from the date of the notice of the PFA. If requested, storage must be provided for up to thirty days from the date of the request.
The amendments do not apply when the tenant dies and leaves personal property in the premises. In such cases, the personal property remaining in the premises is governed by the laws pertaining to estates and decedents. A landlord should consult with counsel on how to proceed on handling property belonging to the estate of the deceased tenant.
With the exception of the provisions relating to PFAs, the amendments provide that if there is a conflict between the provisions of the Act and the terms of the written lease, the terms of the lease control. This provision seems to allow a landlord and tenant to provide for alternative provisions in the lease.
A landlord may not dispose of the personal property remaining upon inhabited property without the express permission of the tenant. Further, if any of the conditions upon which the personal property may be deemed abandoned no longer exists, the landlord may not dispose of the property. The amendments provide for potential serious penalties for a Landlord who violates its provisions including treble damages, reasonable attorney’s fees and court costs. Thus, landlords and property managers are advised to exercise caution in assuring compliance with the law when disposing of a tenant’s personal property.
- The tenant has vacated the property following termination of the lease.
- A judgment for possession in favor of the landlord has been entered and the tenant has vacated the property and removed substantially all personal property.
- An order for possession has been executed.
- The tenant has vacated the property, removed substantially all personal property, and provided a written notice of a forwarding address to the landlord.
- The tenant has vacated the property without communicating an intention to return, the rent is more than 15 days past due and the landlord has then posted a notice of the tenant’s rights regarding the property.
“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 to keep or contact your Landlord at (insert telephone number and address) to request that the property be retained or stored. If requested, storage will be provided for up to thirty days from the postmark date of this notice at a place of your Landlord’s choosing, and you will be responsible for costs of storage.”
This notice must be sent by first-class mail to the tenant at the address of the leased premises and to any forwarding address provided by the tenant, including any address provided for emergency purposes.
The tenant has ten days from the postmark date of the notice to retrieve the property or to request the property be stored for an additional period not exceeding thirty days from the date of the notice. If the tenant requests storage, the landlord must retain or store the property for thirty days from the date of the notice.
Storage may be at any place of the landlord’s choosing and the tenant is responsible for the cost. The landlord must exercise ordinary care in handling and securing the tenant’s property and make the property reasonably available for purposes of retrieval.
However, the amendments does provide protection for a tenant who has received a protection from abuse order (PFA) for the safety of the tenant or a member of the tenant’s family. If a landlord has knowledge of a PFA, the landlord must refrain from disposing of the personal property for thirty days from the date of the notice of the PFA. If requested, storage must be provided for up to thirty days from the date of the request.
The amendments do not apply when the tenant dies and leaves personal property in the premises. In such cases, the personal property remaining in the premises is governed by the laws pertaining to estates and decedents. A landlord should consult with counsel on how to proceed on handling property belonging to the estate of the deceased tenant.
With the exception of the provisions relating to PFAs, the amendments provide that if there is a conflict between the provisions of the Act and the terms of the written lease, the terms of the lease control. This provision seems to allow a landlord and tenant to provide for alternative provisions in the lease.
A landlord may not dispose of the personal property remaining upon inhabited property without the express permission of the tenant. Further, if any of the conditions upon which the personal property may be deemed abandoned no longer exists, the landlord may not dispose of the property. The amendments provide for potential serious penalties for a Landlord who violates its provisions including treble damages, reasonable attorney’s fees and court costs. Thus, landlords and property managers are advised to exercise caution in assuring compliance with the law when disposing of a tenant’s personal property.
Which situations allow a landlord to withhold a security deposit in Pennnsylvania?
While the landlord is required to return the tenant’s security deposit, the landlord may withhold all or a portion of a tenant’s security deposit from the tenant for damage in excess of normal wear and tear, unpaid rent, or breach of lease.
The landlord must notify the tenant of the deductions within 30 days after the tenant has vacated the premises.
Finally, if the landlord does not return the tenant’s security deposit within the 30 days, the landlord may be liable to pay the tenant double the amount of the deposit they are owed.
The landlord must notify the tenant of the deductions within 30 days after the tenant has vacated the premises.
Finally, if the landlord does not return the tenant’s security deposit within the 30 days, the landlord may be liable to pay the tenant double the amount of the deposit they are owed.
Is there a limit on how much landlords can charge for rent?
No, there are no caps on rent in Pennsylvania or rent control.
Does pennsylvania have a law regarding grace periods for late rent?
There is no required grace period. However, if the tenant fails to pay rent 10 days after rent is due, the landlord is allowed to declare the tenant in default under the lease agreement or accept the rent and the appropriate late fee.
Are there retaliation laws for landlords in pennsylvania?
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. In Pennsylvania, it is illegal for the landlord to retaliate against a tenant who has exercised a legal right, including, complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions assembling and presenting your views collectively—for example, by joining or organizing a tenant union, or exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit.
Can my landlord restrict me from having guests visit?
The tenant has the right to invite to his apartment or dwelling unit such employees, business visitors, tradesmen, delivery men, suppliers of goods and services, and the like as he wishes so long as he complies with applicable law.
The tenant also shall have right to invite to his apartment or dwelling unit, for a reasonable period of time, such social guest, family or visitors as he wishes, as long as he or she complies with applicable law.
The tenant also shall have right to invite to his apartment or dwelling unit, for a reasonable period of time, such social guest, family or visitors as he wishes, as long as he or she complies with applicable law.
I have mold in my apartment, are landlords required to deal with mold issues?
Currently there are no local, state, or federal laws on mold and how a landlord should remediate the problem. Code enforcement can require the landlord to address code violations that are causing the mold but not the mold itself. Sometimes code enforcement or health officials will use a code to try to get the landlord to remediate the mold.
Do landlords have to provide a refrigerator?
Refrigerators will be required for occupied units. The landlord may delegate the responsibility for the refrigerator requirement, to the tenant of the unit, under a written lease signed prior to the date of occupancy.
Allentown Code: Chapter 455 Property Rehabilitation Maintenance, 455-26 Kitchen Facilities
Allentown Code: Chapter 455 Property Rehabilitation Maintenance, 455-26 Kitchen Facilities
What are the heating requirements in Winter?
Allentown Code: Chapter 455 Property Rehabilitation Maintenance,
455-37Heating facilities.
[Amended 5-4-1983 by Ord. No. 12554; 8-24-2009 by Ord. No. 14737; 10-23-2012 by Ord. No. 15022]
A. Every dwelling shall have heating facilities which are capable of safely and adequately heating all habitable rooms, bathrooms and water closets compartments within its walls to a temperature of at least 68° F. at a location 36 inches above floor level in center of room, two feet from the exterior wall.
B. Oil-fired units shall be serviced every year by a certified service technician.
C. Gas-fired units shall be serviced every two years by a certified service technician.
§ 455-86Heating.
From October 1 to May 1, in every dwelling unit and every rooming unit when the control of supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68° F. shall be maintained in all habitable rooms, bathrooms, and water closet compartments measured at a distance of 36 inches above the floor level in a location where the sensing device is not exposed to a condition of abnormal heat gain or loss.
455-37Heating facilities.
[Amended 5-4-1983 by Ord. No. 12554; 8-24-2009 by Ord. No. 14737; 10-23-2012 by Ord. No. 15022]
A. Every dwelling shall have heating facilities which are capable of safely and adequately heating all habitable rooms, bathrooms and water closets compartments within its walls to a temperature of at least 68° F. at a location 36 inches above floor level in center of room, two feet from the exterior wall.
B. Oil-fired units shall be serviced every year by a certified service technician.
C. Gas-fired units shall be serviced every two years by a certified service technician.
§ 455-86Heating.
From October 1 to May 1, in every dwelling unit and every rooming unit when the control of supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68° F. shall be maintained in all habitable rooms, bathrooms, and water closet compartments measured at a distance of 36 inches above the floor level in a location where the sensing device is not exposed to a condition of abnormal heat gain or loss.
Is my landlord responsible for extermination of insects, rodents, and pests?
Allentown Code: Chapter 455 Property Rehabilitation Maintenance,
§ 455-84Extermination of insects, rodents and pests. [1]
A. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in it or in the yard. In a two-unit dwelling or a multiunit dwelling, the occupant shall be responsible for such extermination whenever his dwelling unit is the only one infested. When, however, infestation is caused by failure of the owner or operator to maintain a dwelling in a rodent-proof or substantially insect-proof condition, extermination shall be the responsibility of the owner or operator.
B. Every owner or operator shall be responsible for extermination of any insects, rodents or other pests whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public area of any two-unit dwellings or any multiunit dwelling.
C. Every owner or operator of a rooming house shall be responsible for the extermination of any insects, rodents or other pests in it or in the yard.
§ 455-84Extermination of insects, rodents and pests. [1]
A. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in it or in the yard. In a two-unit dwelling or a multiunit dwelling, the occupant shall be responsible for such extermination whenever his dwelling unit is the only one infested. When, however, infestation is caused by failure of the owner or operator to maintain a dwelling in a rodent-proof or substantially insect-proof condition, extermination shall be the responsibility of the owner or operator.
B. Every owner or operator shall be responsible for extermination of any insects, rodents or other pests whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public area of any two-unit dwellings or any multiunit dwelling.
C. Every owner or operator of a rooming house shall be responsible for the extermination of any insects, rodents or other pests in it or in the yard.
What are the requirements for exits incase there's a fire?
Allentown Code: Chapter 455 Property Rehabilitation Maintenance,
§ 455-43Means of egress.
Every dwelling unit, rooming unit and sleeping unit shall have safe, unobstructed means of egress leading to safe and open space at ground level and shall be so located as to be accessible without going through another dwelling unit, rooming unit or sleeping unit. Exit doors, where practical, shall swing in the line of egress.
§ 455-44Multiple dwelling units fire protection and door operation.
A. In buildings containing two or more units, no transom shall be permitted to open onto a means of egress, nor shall they be permitted between units. Fire protection in hallways, stairways, corridors and other interior means of egress shall be of one-hour fire-resistive construction. Doors opening onto public halls shall be labeled a minimum of 20 minutes fire rated or shall be one-and-three-fourths-inch flush wood doors with a solid lumber core. Doors shall fit into their openings with a one-eighth-inch tolerance between the door edge and frame and one-half-inch tolerance between door bottom and floor. Fire separation between dwelling, rooming or sleeping units shall be one-hour fire-resistive construction.
[Amended 10-23-2012 by Ord. No. 15022]
B. Swinging fire door shall close from the full-open position and latch automatically. The door closer shall exert enough force to close and latch the door from any partially open position.
C. Egress doors shall be readily openable from the egress side without the use of a key or special knowledge or effort.
§ 455-46Multiple dwelling units means of egress and exit signs.
A. There shall be at least two means of egress available for all units in:
[Amended 10-23-2012 by Ord. No. 15022]
(1) All two-story buildings containing more than four dwelling units, rooming units, or sleeping units per floor.
(2) All buildings exceeding two habitable stories and containing any combination of three or more dwelling units, rooming units, sleeping units or nonresidential units.
B. An existing fire escape may be accepted by the public officer as a second means of egress. If accepted, however, the fire escape shall be in sound working condition and serve every unit above the first floor.
[Amended 5-18-1995 by Ord. No. 13332; 10-23-2012 by Ord. No. 15022]
C. A required second means of egress to be newly constructed shall meet all performance standards of the current adopted building and fire codes.
[Amended 5-4-1983 by Ord. No. 12554; 5-18-1995 by Ord. No. 13332; 10-23-2012 by Ord. No. 15022]
D. Every hallway, stairway, corridor, exit, fire escape door and other means of egress shall be kept clear at all times. Each of these means of egress shall lead directly to grade with safe access to a public way.
E. Windows leading to fire escapes shall have openings large enough to provide safe and adequate means of egress with sills not over 36 inches above the inside floor level. Height of window sill above fire escape balcony platform or landing should not exceed eight inches. Windows shall be maintained in fully operable condition at all times.
F. Exit signs are required to be installed according to the most recently adopted Fire Prevention Code of the City of Allentown
§ 455-43Means of egress.
Every dwelling unit, rooming unit and sleeping unit shall have safe, unobstructed means of egress leading to safe and open space at ground level and shall be so located as to be accessible without going through another dwelling unit, rooming unit or sleeping unit. Exit doors, where practical, shall swing in the line of egress.
§ 455-44Multiple dwelling units fire protection and door operation.
A. In buildings containing two or more units, no transom shall be permitted to open onto a means of egress, nor shall they be permitted between units. Fire protection in hallways, stairways, corridors and other interior means of egress shall be of one-hour fire-resistive construction. Doors opening onto public halls shall be labeled a minimum of 20 minutes fire rated or shall be one-and-three-fourths-inch flush wood doors with a solid lumber core. Doors shall fit into their openings with a one-eighth-inch tolerance between the door edge and frame and one-half-inch tolerance between door bottom and floor. Fire separation between dwelling, rooming or sleeping units shall be one-hour fire-resistive construction.
[Amended 10-23-2012 by Ord. No. 15022]
B. Swinging fire door shall close from the full-open position and latch automatically. The door closer shall exert enough force to close and latch the door from any partially open position.
C. Egress doors shall be readily openable from the egress side without the use of a key or special knowledge or effort.
§ 455-46Multiple dwelling units means of egress and exit signs.
A. There shall be at least two means of egress available for all units in:
[Amended 10-23-2012 by Ord. No. 15022]
(1) All two-story buildings containing more than four dwelling units, rooming units, or sleeping units per floor.
(2) All buildings exceeding two habitable stories and containing any combination of three or more dwelling units, rooming units, sleeping units or nonresidential units.
B. An existing fire escape may be accepted by the public officer as a second means of egress. If accepted, however, the fire escape shall be in sound working condition and serve every unit above the first floor.
[Amended 5-18-1995 by Ord. No. 13332; 10-23-2012 by Ord. No. 15022]
C. A required second means of egress to be newly constructed shall meet all performance standards of the current adopted building and fire codes.
[Amended 5-4-1983 by Ord. No. 12554; 5-18-1995 by Ord. No. 13332; 10-23-2012 by Ord. No. 15022]
D. Every hallway, stairway, corridor, exit, fire escape door and other means of egress shall be kept clear at all times. Each of these means of egress shall lead directly to grade with safe access to a public way.
E. Windows leading to fire escapes shall have openings large enough to provide safe and adequate means of egress with sills not over 36 inches above the inside floor level. Height of window sill above fire escape balcony platform or landing should not exceed eight inches. Windows shall be maintained in fully operable condition at all times.
F. Exit signs are required to be installed according to the most recently adopted Fire Prevention Code of the City of Allentown
What are the requirements for smoke detectors in rental properties?
Allentown Code: Chapter 455 Property Rehabilitation Maintenance,
§ 455-48Fire alarm and detection systems.
[Amended 2-3-2016 by Ord. No. 15269]
A. Single-family buildings. In all single-family residential buildings, smoke detectors shall be required in each sleeping room, in the immediate area outside of each sleeping room and on every story of the dwelling unit, including basements. Smoke detectors may be battery operated.
B. Two- to twelve-unit residential buildings. In two- to twelve-unit residential buildings, interconnected smoke detectors shall be required in common public use areas such as halls, corridors, stairways, stair towers, lobbies, basements or similar common areas. Approved smoke detectors shall be required in each sleeping room, in the immediate area outside of each sleeping room, and on each floor level, including the basement. Smoke detectors inside dwelling units may be battery operated. Smoke detectors in common areas are required to be connected to the common area system and must be hard-wired with battery backup.
C. Thirteen-or-more-unit residential buildings. Any building containing 13 or more residential units must comply with the most recently adopted International Fire Code. Approved smoke detectors shall be required in each sleeping room, in the immediate area outside of each sleeping room, and on each floor level, including the basement. Smoke detectors inside dwelling units may be battery operated. Smoke detectors in common areas are required to be connected to the common area system and must be hard-wired with battery backup.
D. Mixed-use buildings. In mixed-use buildings containing any nonresidential use and any residential unit(s), interconnected smoke detectors shall be required serving the nonresidential use and common use areas such as halls, corridors, stairways, stair towers, lobbies, basements or similar common areas. In residential unit(s) in mixed-use buildings, approved smoke detectors shall be required in each sleeping room, in the immediate area outside of each sleeping room, and on each floor level, including the basement. Smoke detectors inside dwelling units may be battery operated. Smoke detectors in common areas are required to be connected to the common area system and must be hard-wired with battery backup.
(1) Exception 1: Buildings that comply with the currently adopted International Fire Prevention Code and were constructed or converted by alteration to a different use and occupancy by meeting the standards of the Pennsylvania Uniform Construction Code or prior Building Codes adopted by the City of Allentown.
(2) Exception 2: Buildings that are sprinklered in a manner approved by the International Fire Prevention Code, as amended, will be permitted the following exceptions:
(a) Common public use area smoke detection is not required other than in the basement.
(b) Smoke detectors will not be retroactively required inside sleeping rooms, providing that an approved smoke detector is installed in the immediate vicinity outside each sleeping room. This exception does not apply to rooming units or similar sleeping units. All dwelling units must have at least one approved smoke detector installed inside that unit.
NOTE: Immediate area outside each sleeping room shall mean approximately 15 linear feet.
NOTE: The smoke detector(s) installed to protect the area outside of each sleeping room satisfies the requirement of one smoke detector per floor within that unit.
E. The City of Allentown shall at all times comply in all respects with Pennsylvania Act No. 121, as amended; also known as Carbon Monoxide Alarm Standards Act
§ 455-48Fire alarm and detection systems.
[Amended 2-3-2016 by Ord. No. 15269]
A. Single-family buildings. In all single-family residential buildings, smoke detectors shall be required in each sleeping room, in the immediate area outside of each sleeping room and on every story of the dwelling unit, including basements. Smoke detectors may be battery operated.
B. Two- to twelve-unit residential buildings. In two- to twelve-unit residential buildings, interconnected smoke detectors shall be required in common public use areas such as halls, corridors, stairways, stair towers, lobbies, basements or similar common areas. Approved smoke detectors shall be required in each sleeping room, in the immediate area outside of each sleeping room, and on each floor level, including the basement. Smoke detectors inside dwelling units may be battery operated. Smoke detectors in common areas are required to be connected to the common area system and must be hard-wired with battery backup.
C. Thirteen-or-more-unit residential buildings. Any building containing 13 or more residential units must comply with the most recently adopted International Fire Code. Approved smoke detectors shall be required in each sleeping room, in the immediate area outside of each sleeping room, and on each floor level, including the basement. Smoke detectors inside dwelling units may be battery operated. Smoke detectors in common areas are required to be connected to the common area system and must be hard-wired with battery backup.
D. Mixed-use buildings. In mixed-use buildings containing any nonresidential use and any residential unit(s), interconnected smoke detectors shall be required serving the nonresidential use and common use areas such as halls, corridors, stairways, stair towers, lobbies, basements or similar common areas. In residential unit(s) in mixed-use buildings, approved smoke detectors shall be required in each sleeping room, in the immediate area outside of each sleeping room, and on each floor level, including the basement. Smoke detectors inside dwelling units may be battery operated. Smoke detectors in common areas are required to be connected to the common area system and must be hard-wired with battery backup.
(1) Exception 1: Buildings that comply with the currently adopted International Fire Prevention Code and were constructed or converted by alteration to a different use and occupancy by meeting the standards of the Pennsylvania Uniform Construction Code or prior Building Codes adopted by the City of Allentown.
(2) Exception 2: Buildings that are sprinklered in a manner approved by the International Fire Prevention Code, as amended, will be permitted the following exceptions:
(a) Common public use area smoke detection is not required other than in the basement.
(b) Smoke detectors will not be retroactively required inside sleeping rooms, providing that an approved smoke detector is installed in the immediate vicinity outside each sleeping room. This exception does not apply to rooming units or similar sleeping units. All dwelling units must have at least one approved smoke detector installed inside that unit.
NOTE: Immediate area outside each sleeping room shall mean approximately 15 linear feet.
NOTE: The smoke detector(s) installed to protect the area outside of each sleeping room satisfies the requirement of one smoke detector per floor within that unit.
E. The City of Allentown shall at all times comply in all respects with Pennsylvania Act No. 121, as amended; also known as Carbon Monoxide Alarm Standards Act
What are the requirements for carbon monoxide detectors in rental properties?
Pennsylvania Act No. 121, as amended; also known as Carbon Monoxide Alarm Standards Act
Section 5. Carbon monoxide alarm requirements in rental properties.
(a) Owner responsibilities.--The owner of a multifamily dwelling having a fossil fuel-burning heater or appliance, fireplace or an attached garage used for rental purposes and required to be equipped with one or more approved carbon monoxide alarms shall:
(1) Provide and install an operational, centrally located and approved carbon monoxide alarm in the vicinity of the bedrooms and the fossil fuel-burning heater or fireplace.
(2) Replace, in accordance with this act, any approved carbon monoxide alarm that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the rental property and which has not been replaced by the prior occupant before the commencement of a new occupancy of the rental property.
(3) Ensure that the batteries in each approved carbon monoxide alarm are in operating condition at the time the new occupant takes residence in the rental property.
(b) Maintenance, repair or replacement.--Except as provided in subsection (a), the owner of a multifamily dwelling used for rental purposes is not responsible for the maintenance, repair or replacement of an approved carbon monoxide alarm or the care and replacement of batteries while the building is occupied. Responsibility for maintenance and repair of carbon monoxide alarms shall revert to the owner of the building upon vacancy of the rental property.
(c) Occupant responsibilities.--The occupant of each multifamily dwelling used for rental purposes in which an operational and approved carbon monoxide alarm has been provided must:
(1) Keep and maintain the device in good repair.
(2) Test the device.
(3) Replace batteries as needed.
(4) Replace any device that is stolen, removed, missing or rendered inoperable during the occupancy of the building.
(5) Notify the owner or the authorized agent of the owner in writing of any deficiencies pertaining to the approved carbon monoxide alarm.
Section 6. Enforcement.
Willful failure to install or maintain in operating condition any approved carbon monoxide alarm required by this act is a summary offense punishable by a fine of up to $50.
Section 7. Municipal requirements.
Nothing in this act shall be construed to prevent a municipality from adopting, by resolution, equal or more stringent requirements relating to carbon monoxide alarms.
Section 20. Effective date.
This act shall take effect immediately.
Section 5. Carbon monoxide alarm requirements in rental properties.
(a) Owner responsibilities.--The owner of a multifamily dwelling having a fossil fuel-burning heater or appliance, fireplace or an attached garage used for rental purposes and required to be equipped with one or more approved carbon monoxide alarms shall:
(1) Provide and install an operational, centrally located and approved carbon monoxide alarm in the vicinity of the bedrooms and the fossil fuel-burning heater or fireplace.
(2) Replace, in accordance with this act, any approved carbon monoxide alarm that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the rental property and which has not been replaced by the prior occupant before the commencement of a new occupancy of the rental property.
(3) Ensure that the batteries in each approved carbon monoxide alarm are in operating condition at the time the new occupant takes residence in the rental property.
(b) Maintenance, repair or replacement.--Except as provided in subsection (a), the owner of a multifamily dwelling used for rental purposes is not responsible for the maintenance, repair or replacement of an approved carbon monoxide alarm or the care and replacement of batteries while the building is occupied. Responsibility for maintenance and repair of carbon monoxide alarms shall revert to the owner of the building upon vacancy of the rental property.
(c) Occupant responsibilities.--The occupant of each multifamily dwelling used for rental purposes in which an operational and approved carbon monoxide alarm has been provided must:
(1) Keep and maintain the device in good repair.
(2) Test the device.
(3) Replace batteries as needed.
(4) Replace any device that is stolen, removed, missing or rendered inoperable during the occupancy of the building.
(5) Notify the owner or the authorized agent of the owner in writing of any deficiencies pertaining to the approved carbon monoxide alarm.
Section 6. Enforcement.
Willful failure to install or maintain in operating condition any approved carbon monoxide alarm required by this act is a summary offense punishable by a fine of up to $50.
Section 7. Municipal requirements.
Nothing in this act shall be construed to prevent a municipality from adopting, by resolution, equal or more stringent requirements relating to carbon monoxide alarms.
Section 20. Effective date.
This act shall take effect immediately.
Do windows and doors require locks?
Allentown Code: Chapter 455 Property Rehabilitation Maintenance,
§ 455-62Windows and doors.
Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, watertight and rodent-proof and shall be kept in sound working condition and good repair. All entrance doors into a dwelling unit or rooming unit shall be maintained in sound condition and good repair and equipped with locks.
§ 455-62Windows and doors.
Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, watertight and rodent-proof and shall be kept in sound working condition and good repair. All entrance doors into a dwelling unit or rooming unit shall be maintained in sound condition and good repair and equipped with locks.
Are window guards required in rental properties?
Allentown Code: Chapter 455 Property Rehabilitation Maintenance,
§ 455-78Ahnelly's Law (window guards).
[Added 6-19-2019 by Ord. No. 15542]
Window guards shall be required in all windows: (1) if a child 10 years or younger lives in the rental unit, or regularly spends considerable time in the unit; and (2) the tenant requests the landlord to install the window guards. A tenant must make this request in writing. The tenant's written request should be delivered to the landlord through the same means that rental payments are made. In making the written request, the tenant may request the installation on applicable windows within the unit itself and within any applicable windows that are in common areas that the unit has access to. Window guards are not required on windows that serve as fire exits or that are not designed to be opened. This shall apply to buildings which have three or more apartments, in a condominium, cooperative, or mutual housing. Once installed, a tenant shall not take down, change or remove any part of a window guard. Window guards shall meet the requirements of ASTM F2090-ASTM F2006. Window guards cannot be permanently fixed to the building and shall be able to be removed in an emergency for the safety of the building occupants and firefighters. The landlord is responsible to install such guards when requested by the tenant in writing as stated. Procedures for Requesting Variances for Window Guards shall be submitted in writing in accordance with the appeal process of § 455-11 of the Allentown Property Maintenance Code. Request for variances will be entertained only if submitted by the owner or management of the property, or by his representative. Notices of violation of this section will be served in accordance with § 455-9, and penalties in accordance with § 455-19 of the Allentown Property Maintenance Code.
§ 455-78Ahnelly's Law (window guards).
[Added 6-19-2019 by Ord. No. 15542]
Window guards shall be required in all windows: (1) if a child 10 years or younger lives in the rental unit, or regularly spends considerable time in the unit; and (2) the tenant requests the landlord to install the window guards. A tenant must make this request in writing. The tenant's written request should be delivered to the landlord through the same means that rental payments are made. In making the written request, the tenant may request the installation on applicable windows within the unit itself and within any applicable windows that are in common areas that the unit has access to. Window guards are not required on windows that serve as fire exits or that are not designed to be opened. This shall apply to buildings which have three or more apartments, in a condominium, cooperative, or mutual housing. Once installed, a tenant shall not take down, change or remove any part of a window guard. Window guards shall meet the requirements of ASTM F2090-ASTM F2006. Window guards cannot be permanently fixed to the building and shall be able to be removed in an emergency for the safety of the building occupants and firefighters. The landlord is responsible to install such guards when requested by the tenant in writing as stated. Procedures for Requesting Variances for Window Guards shall be submitted in writing in accordance with the appeal process of § 455-11 of the Allentown Property Maintenance Code. Request for variances will be entertained only if submitted by the owner or management of the property, or by his representative. Notices of violation of this section will be served in accordance with § 455-9, and penalties in accordance with § 455-19 of the Allentown Property Maintenance Code.
Is cooking allowed in rooming house units?
Allentown Code: Chapter 455 Property Rehabilitation Maintenance,
§ 455-81Cooking prohibited.
Cooking shall not be permitted in rooming units.
§ 455-81Cooking prohibited.
Cooking shall not be permitted in rooming units.
