Landlord Tenant Information

TENANT/LANDLORD RELATIONS

This page is intended to give you an overview of Landlord Tenant Law. It is only a guidebook. The law is sometimes difficult to understand because it is written with many legal and technical words. Some of the words are defined at the end of the booklet. If you should have specific problems or want further information, you should contact an attorney.

Many tenants want to know about forming tenant organizations. Tenant organizations can provide information about the rights and duties of tenants. Sometimes the organizations can also help individual tenants with problems.

If you live in public housing, your project members can form a tenant organization and be funded by the housing authority. Tenants in private housing can form organizations in a building, an apartment complex, or with other interested people.

If you need assistance in forming an organization or want further information about the value of tenant organizations, contact the Harrisburg Fair Housing Council, 2100 N. 6th St., Harrisburg, PA 17110, Tel. (717) 238-9540.

Because the law is constantly changing, the information in this booklet may not always be up-to-date and correct. It is a good idea to check with a lawyer if you have a specific question.

Legal services are available for persons who cannot afford an attorney through Mid-Penn Legal Services, 213-A N. Front St., Harrisburg, PA 17101, Tel. (717) 232-0581.

I. THE TENANT - FINDING AN APARTMEN OR HOME

A. WHAT ARE SOME OF THE THINGS A TENANT MUST CONSIDER?
The first problem, which every tenant faces, is finding a good and adequate home. Before beginning the search, the tenant should decide what is needed; for example, the number of rooms, location or distance from public transportation and how much the tenant can afford to pay. A general guideline in determining how much the tenant can afford to pay is to figure no more than 30% of income for rent or a mortgage payment as “affordable” housing. By making some decisions first, the renter can avoid being forced into a rental situation, which he or she may later regret.

Newspapers are usually the easiest place to find out where private properties are. Renters can get information about rental property from realtors or reliable rental location services. But remember that these services may often cost money. Make sure to find out what the money covers and what services will be provided before you agree to the service.

For families, elderly, handicapped, and disabled who have low incomes, the City/County Housing Authorities provides public housing in projects and scattered leased houses in various sections of the city/county. Questions and applications should be made at Morrison Towers, 351 Chestnut Street, Harrisburg, telephone 232-6781. Similarly, the Dauphin County Housing Authority also provides low-income housing outside the city of Harrisburg. Questions and applications should be made at Latsha Towers, 501 Mohn Street, Steelton, telephone 939-9301. Other forms of rental assistance are available for persons with slightly higher incomes in government subsidized rental housing.

B. WHAT ABOUT PUBLIC HOUSING?
Public housing is housing owned and run by a government body such as a local housing authority. To be eligible to live in this housing, a tenant must have low income and meet certain other requirements. Rent in public housing can be no more than 30 percent of the tenant’s income.
In Harrisburg the landlord in public housing with projects or leased housing is the Harrisburg Housing Authority, 351 Chestnut Street, Harrisburg, PA 17102, 232-6781.


C. FAIR HOUSING LAWS GUARANTEE PROTECTION AGAINST DISCRIMINATION
The Federal Fair Housing Laws of 1968 and 1988 or Title VIII states that it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the nation. Title VIII protects you against the following acts if they are based on race, color, religion, sex, national origin, handicap/disability and familial status:
1. Refusal to sell or rent to, deal with, or negotiate with, or give truthful information to any person.

2. Discrimination in the terms, conditions, privileges, provisions of service or facilities in sale or rental of dwelling or property.

3. Denial of a loan or creation of different terms or conditions for home loans by commercial lenders.

4. Discriminate, by advertising that housing is available only to persons of a certain race, color, religion, sex, or national origin.

5. “Blockbusting” for profit such as persuading owners to sell or rent housing by telling them that minority groups are moving into the neighborhood.

6. Denial to anyone of the use or participation in, any real estate services, such as brokers’ organizations, multiple listing services, or other facilities related to the selling or rent of housing.

The Harrisburg Human Relations Ordinance reiterates Title VIII and also prohibits housing discrimination on the basis of ancestry, place of birth, age, marital status, and sexual preference/orientation. This Ordinance makes it unlawful for owners to discriminate in the sale or rental of housing and for lending institutions to discriminate in lending, guaranteeing loans or accepting mortgages.

The Ordinance affects any building, structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home residence or sleeping place by a person, family or by a group of persons living together in the City of Harrisburg.

The Ordinance exempts a building or structure containing living quarters occupied or intended to be occupied by no more than two individuals, two groups or two families living independently of each other and used by each as a residence for himself and any member of his family forming his household.

The Ordinance makes it illegal for owners to exclude broad categories of tenants and mortgage applicants based on any of the prohibited factors. Owners will have to look at each individual’s ability to rent or buy property, and each individual’s credit worthiness. If a person believes he or she has been discriminated against they can file a complaint with the Harrisburg Human Relations Commission, 123 Walnut Street, 255-3037. Those acts occurring outside the City of Harrisburg should be reported to the Pennsylvania Human Relations Commission, 783-8490.

D. HOW SHOULD A TENANT INSPECT THE RENTAL UNIT?
Once a possible home has been found, it is the tenant’s duty to check it out completely. A tenant should not rely on the landlord or the landlord’s agent to tell the tenant if anything is wrong with the property. The tenant must inspect the property carefully and ask questions about it.
Before agreeing to rent, the tenant should inspect the apartment or house for:
1. Kitchen appliances in working order.
2. Water pressure strong, plumbing without leaks.
3. Electrical outlets and wiring working.
4. Walls and ceiling painted or papered without cracks.
5. Ventilation or air conditioning accessible.
6. Floors, railings and bathrooms in good repair.
7. Fire escape easy to use.
8. Stairs safe and well lighted.
9. No rodents or insects.
10. Heating system in working order.
11. If furnished, check and write down condition of all furniture.
12. Windows and doors operable and weather-tight, screens provided.
The tenant should also check the security of the building to find out if there is a dead-bolt lock, security chain, or through-the-door viewer.

A tenant may want to check with the Bureau of Codes Enforcement at City Hall (255-6552) to find out if the property has been recently inspected. The Bureau will be able to tell you if the City has found some problems with the property that are violations of the current housing code. They will also tell you if the former tenants have complained about the landlord’s failure to repair the property.

BEWARE OF EXISTING DAMAGES: In order to avoid being blamed for damages that already exist in the rental unit, the cautious tenant should take every step for self-protection. Before moving in (or as soon as possible thereafter), the tenant should make a list of all existing damages and repairs that need to be made. A copy of the list should be presented to the landlord and attached to the lease. This way, the landlord can- not blame the tenant for damages caused by others and the tenant will know what the landlord intends to repair. If the tenant keeps good records, the landlord will not be able to keep the tenant’s security deposit for damages that were actually caused by others. Photographs are strongly recommended.

E. WHAT QUESTIONS SHOULD A TENANT ASK?
Before agreeing to rent, the tenant should ask the following questions:
1. Who is the landlord? Who is the agent (if the landlord has one)?
2. How much is the rent?
3. When is the rent due?
4. To whom and where should the rent be paid?
5. Is a security deposit required?
6. To whom should problems and repairs be referred?
7. Will there be an oral or written lease?
8. Will the tenant be renting for a month-to-month or a year-to-year term?
9. Who has the responsibility to pay for the utilities (electric, water, gas, oil)?
10. What are the rules and regulations about such things as pets, noise,
smoking, and children?

F. WHAT WILL THE LEASE, OR RENTAL AGREEMENT INCLUDE?
The lease is the agreement between the landlord and the tenant for renting a property. The lease can be oral (spoken) or in writing. If the tenant does not have a written lease, he/she has an oral lease. In either situation, the lease should at least tell: 1) who is the tenant and who is the landlord; 2) the location being rented; 3) the amount of rent due; 4) the length of time that the property is being rented (month-to-month or year-to-year); and 5) who pays the utilities. THE TENANT MUST MAKE SURE THAT ALL BLANKS ARE FILLED IN OR CROSSED OUT OF THE LEASE AND THAT ALL CHANGES ARE MADE BEFORE SIGNING.
The lease sets forth the obligation, which the tenant owes to the landlord, and the obligation, which the landlord owes to the tenant. NEVER SIGN ANY LEASE BEFORE READING IT CAREFULLY. If the tenant has a written lease, agreements between the tenant and the landlord should be put in the lease, especially promises to make repairs prior to occupancy. “Always ask for and get a copy of the lease.”

G. PLAIN LANGUAGE LAW
Pennsylvania now has a “plain language” law known as the Plain Language Consumer Contract Act. The new law calls for all residential leases to be written in understandable language so that tenants may better understand their rights and duties.

Certain guidelines are provided in the act so that all residential leases will be easy to read and understand. Leases must meet certain language and visual requirements so that they are drafted in a clear and understandable manner. The following are the language requirements:
1) The lease should
use short words, sentences, and paragraphs
use active verbs
define words by their commonly understood meanings
use personal pronouns or names of the parties
2) The lease should not
use technical legal terms
use Latin, foreign or obsolete words
use sentences containing more than one condition
use cross references
use double negatives or exceptions to exceptions
The following are visual requirements:
1) The lease should have type size, line length, column width,
margins, and spacing between lines and paragraphs that make the lease easy to read.
2) The lease should have captioned sections in boldface type.
3) The lease should use ink that contrasts sharply with the paper.
Landlords should review all lease agreements to verify that they meet the requirements of the act. Also, the lease agreement must disclose a list of waivers of tenant rights that are included. Tenants may not waive the rights given by the plain language law. If a lease is in violation of the law, the tenant does not have the right to terminate the lease agreement. The penalties for non-compliance include:
1) Compensation in an amount equal to the tenant’s actual loss caused by the violation of the Act
2) Statutory damages in the amount of $100.00
3) Court costs
4) Reasonable attorney fees
5) Any equitable and other relief ordered by the court

Contact Information

2100 N. 6th Street
Harrisburg, PA. 17110
Phone: (717) 238 - 9540
Fax: (717) 233 - 5001

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