Dealing with situations while renting

Problems paying the rent, landlord entering the the premises,  problems with other tenants, can friends or relatives more on? This section addresses several situations that may occur while you are renting. Remember, your lease will contain language that explains who is responsible for certain problems. You should always have a copy of your lease available to review.

What ifI 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. Even when you sign the lease with other people, each person may be solely responsible for the full amount of the rent. So, if one of the people who signed the lease leaves or can’t pay the rent, the other person(s) will be responsible to pay the full amount due.

The lease will dictate 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 are disabled, 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 immediately. You should not wait until the day it is due or a few days later. Explain to him or her 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 will be discussed later in this booklet. When you do have an unexpected loss of income, you may be able to get help from a local agency or the Department of Public Welfare for rent payments (See the NPLS Knowledge Base article on financial concerns).

When Can My Landlord Enter My Apartment?

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. Since your landlord owns the building in which you live, he is entitled to have keys to your apartment. However, this does not mean that the landlord can enter the apartment whenever he wants. 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 when the lease has been terminated. Generally, if the landlord needs to make repairs, he should give you at least 24 hours notice to do so. If you want to be home when he is there, you may need to rearrange your schedule. If you don’t care if you are home or not, you can give him permission to enter.

If there is an emergency situation (water leaking, pipes bursting, etc.) and your landlord can’t reach you, then he has the right to enter to deal with the situation. He should leave a note so you know someone was there, but that doesn’t always happen. If you have reason to believe the landlord was in your apartment, then you should call and ask him to explain why he was there.

If there are no repairs to be made and the situation is not an emergency, then the landlord should not enter your apartment without prior agreement. If your landlord comes to your apartment often and wants to enter for no reason, you may have to write the landlord directly or get advice from an attorney.

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 sent to your lanbdlord.) tExplain the problem in detail and ask your landlord to address the situation. If you feel you are being threatened by the other tenants, you may always call the police. If you don’t hear from your landlord within a few days, follow up with another letter asking him what he did to correct the situation. Hopefully, he will have spoken with the tenants and advised them to stop the bothersome behavior. 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.

Remember, if you have a lease, you are bound to its terms, so if you break it and move because of problems with other tenants, the landlord may take action against you. If you think you will need to move because of the problems, you should call NPLS or a private attorney for advice.

Can My Relatives Or Friends Move In With Me?

Your lease will state who is allowed to reside in your home. You could be evicted for breaking your lease if allow others to move in. 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.

What do I do if the landlord fails to pay the utility bills?

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 then 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 continued service by payment of an amount equal to the most recent 30-day billing. If this is paid before the proposed date, services will not be terminated. If it is paid after the termination, services must be restored. Thereafter, tenants would receive the utility bills every month. It is not required that the bills be placed in your name.

If the tenant(s) have paid the bill when it the landlord’s responsibility under the lease, the amount paid may be deducted from rental payments. (See Repair and deduct)

8/14/08