Archive: Dec 2019

  1. Help! I got a utility shut off notice.

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    What is the reason for the shut off?

    Electric, gas and water shut offs occur for two main reasons:

    • Non-payment.  The utility may be trying to collect unpaid bills. If this is the reason, you will get a shut off notice before the shut off.
    • Tampering. The utility believes someone has turned on the service or tampered with the meter without permission.  If this is the reason, you may not get a notice until after the shut off. 

    What do I do if I get a PECO or PGW shut off notice because of unpaid bills?

    This video provides a brief overview of your options when facing a shut off from PECO or PGW.

    If your bill is in your landlord’s name, you have special rights as a tenant in the property.

    What do I do if I get a Water shut off notice because of unpaid bills?

    If the water bill is in your name, there are options to prevent or delay a shut off, or to restore service. When you call, the Water Department is required to explain your options to avoid a shut off or restore service.  Here are a few of your options:

    • You can apply for customer assistance offered by the Water Department, including the Tiered Assistance Program (TAP) for low-income customers.  More information is available on our TAP Flyer.
    • You may be able to delay a shut off or restore service if you have an illness.  More information about water medical delays is available at this City of Philadelphia website.
    • If you disagree with the shut off notice you have the right to file an appeal and have a hearing.  Contact the Water Revenue Bureau directly at 215-685-6300 and demand an informal hearing request form.  

    If your bill is in your landlord’s name, you have special rights as a tenant in the property.

    What do I do if my utility service is shut off because someone turned it on or tampered with the meter without permission?

    If your electric, gas or water service was shut off because of unauthorized use, the utility will issue a notice after service has been shut off.  This notice can include charges for the service provided and can demand additional fees to reconnect service.  Staying in your home without utility service is unsafe.  If you are not responsible for turning on the service or interfering with the meter, you will need legal help to assess your options.

  2. Good Cause Protections: Can my landlord end my lease?

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    What are Good Cause eviction protections in Philadelphia?

    • For leases less than one year, such as a month-to-month lease, your landlord must give you thirty (30) days written notice stating a Good Cause reason to end your lease.
    • For leases of one year or more, your landlord must give at least (10) days written notice and is not required to state a Good Cause reason to end your lease.
    • For subsidized housing leases, it is likely that you have Good Cause protections. Find your subsidy program to learn more.

    What are some examples of Good Cause?

    • Breach a lease term such as repeatedly late on rent;
    • Cause damage to the unit or refuse access for repairs;
    • Refuse to sign a new written lease with changes including a reasonable rent increase with some exceptions;
    • The owner or owner’s immediate family wants to move into the unit;
    • The owner is renovating the unit with some exceptions.

    What if my landlord ends my lease without Good Cause?

    • Challenge it. If your landlord sends you a Lease Termination Notice or a Notice to Quit without a Good Cause reason and your lease term is currently less than one year, you have the right to file a compliant with the Fair Housing Commission. You must file within fifteen (15) business days of getting the lease termination notice from your landlord.
    • Defend yourself. If your landlord files an eviction in Municipal Court before you are able to file a complaint with the Fair Housing Commission, then you must attend your court hearing and raise Good Cause as a defense.
    • Get legal help. If your landlord files an eviction in Municipal Court and you have low income, you may be eligible for free legal help.
    • Call City Council. While the law doesn’t apply to leases that are a year or longer, you can ask your Councilmember to pass a bill that would extend Good Cause protections to all leases. Look up your city council member.

  3. My landlord wants me out. What is the legal eviction process?

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    Prior to Court

    Before filing in court, your landlord must send you a Notice of Diversion Rights and apply for Diversion through the city’s Eviction Diversion Program. If you are a tenant and you received a Notice of Diversion Rights, call the Save Your Home Philly Hotline immediately to connect with the program at 215-334-HOME (4663).  If you are a landlord, you can apply at the Eviction Diversion website.

    Step 1: Eviction Notice

    You may receive an Eviction Notice (also called a Lease Termination Notice or Notice to Quit) telling you when your landlord wants you to move out. You do not have to move out by that date. Your landlord must take you to court in order to evict you.

    Step 2: Court Complaint

    If you do not move out, the landlord can file an Eviction Complaint against you in Municipal Court. The Complaint should state the reason your landlord is evicting you and the date/time of the court hearing. The Complaint should be sent to you by mail, attached to your door or hand delivered.

    Step 3: Hearing Date

    Eviction hearings are in Municipal Court at 1339 Chestnut St, 6th Floor. You must arrive on time to court, or you will likely lose. On the date of your scheduled hearing, you have legal options and may raise legal defenses: request a continuance, have a hearing in front of a judge or come to a written agreement with your landlord, often called a Judgment by Agreement. These types of agreements are binding and cannot be appealed.

    Step 4: Appeal (if applicable)

    If you lose at the hearing, you will have 10 calendar days to file an appeal in the Court of Common Pleas, City Hall, Room 296. The appeal stops an eviction from taking place until the court rules on the case, as long as you pay ongoing rent to the court.

    Step 5. Eviction

    If you lose in court and do not appeal, or if you break your agreement, your landlord can move forward with the eviction process. First, your landlord must obtain a number of writs, which can be completed in 21 days. After that, the landlord tenant officer can evict you. However, if you are being evicted for nonpayment of rent only, you can prevent the eviction if you pay the full amount of the judgment plus the writ costs to your landlord before the lockout takes place. Call the Landlord Tenant Office at (215) 563-2133 or email ltofficer.evictions@gmail.com to find out the day and time of the lockout.

  4. My landlord evicted me. Where do I go for emergency shelter?

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    Monday-Friday, 7am-5pm

    Apple Tree Family Center 1430 Cherry St (near Cherry and 15th) 215-686-7150, 7151 or 7153

    Roosevelt Darby Center 802 N Broad St (near Broad & Fairmount) 215-685-3700

    After 5pm and Weekends

    For Single Women: House of Passage Kirkbride Center 111 N 48th St (near 48th & Haverford) 267-713-7778

    For Families: The Red Shield 715 N Broad St (near Broad & Fairmount) 215-787-2887

    For Single Men: Station House 2601 N Broad St (near Broad & Lehigh) 215-225-9230

    Additional Services

    Office of Homeless Services Rental Assistance list call 215-686-7177.

    Homeless Outreach Hotline at 215-232-1984

    Philadelphia Domestic Violence Hotline at 866-723-3014

  5. My landlord is taking me to court. What are my options at the hearing?

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    Where do I go?

    Municipal Court is at 1339 Chestnut St on the 6th Floor.

    You can also ask for a remote hearing. See our flyer for instructions on how to ask for a remote hearing.

    What should I bring?

    Any documents that relate to the reason your landlord is trying to evict you. Example: lease, rent receipts, utility bills, photos, letters or texts to or from the landlord.

    What are my options in court?

    1. Ask for a continuance.

    • You can get the hearing postponed if you need an interpreter.
    • You can ask for the hearing to be postponed to get a lawyer, but the landlord may object.

    2. Have a hearing in front of a judge.

    • You have the right to have a hearing in front of a judge.
    • You can present your evidence and defenses to the judge.
    • If you lose, you must appeal within 10 days of the judgment if you want to stop the landlord from evicting you.  You will have to pay your rent to the Court of Common Pleas on the appeal.

    3. Sign a Judgment by Agreement.

    • You do not have to sign a Judgment by Agreement.  You can always ask for a continuance or have a hearing in front of a judge.
    • Do not sign an agreement unless you agree and can keep it.
    • If you sign an agreement, it is final. You cannot appeal.
    • If you break the agreement, the landlord can evict you.

    How do I get an attorney to represent me?

    Seek legal help.

  6. I’m being illegally evicted. What can I do?

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    What is the legal eviction process?

    To lock you out legally, your landlord must:

    • Apply for the Eviction Diversion Program.
    • File a complaint against you in Eviction Court.
    • Get a judgment for possession against you in Eviction Court.
    • File the writ of possession and alias writ of possession.
    • Schedule a lockout date.
    • A sheriff or landlord-tenant officer will complete the lockout and give you a blue eviction notice or post it on the property.

    After a judgment in court, you have at least 21 days before you can be legally evicted.

    What is an illegal lockout?

    It is illegal for a landlord to evict you by:

    • changing the locks without a sheriff or a landlord-tenant officer
    • removing doors or windows from the house
    • turning off your utilities
    • removing your possessions
    • using force
    • any other means except a sheriff or landlord-tenant officer

    What do I do if I have been illegally locked out?

    • Confirm that the lockout was illegal.  Call Municipal Court at 215-686-7334 between 9AM and 4:30PM to see if your landlord followed the legal eviction process.  You can also tell if your landlord followed the legal eviction process by searching the eviction court docket.
    • If the lockout was illegal, call the police from the property by dialing 911. Show the officer your lease, rent receipts, utility bills or photo ID to prove residency. The police should respond according to Philadelphia Police Directive 3.17.
    • If the police officer does not assist you, call 911 again and ask for a supervisor to come to the scene.  You can reference the name of the law—Prohibition Against Self-Help Eviction Practices Philadelphia Code 9-1600.

    What if I still need help?

    How do I sue my landlord for an illegal eviction?

    • Send a demand letter. See this flyer in English or Español for a sample letter.
      • You will need the landlord’s name and address.
    • Go to Municipal Court at 1339 Chestnut St to file a Small Claims Complaint.
      • File an “IFP” to not pay court costs.
      • You can sue for actual damages, up to $2000 punitive damages, attorney fees and court costs.
      • You will need evidence to prove your claim like documents/photos.
      • Be careful. Your landlord can try to countersue you in court.

  7. My landlord is taking me to court. What are my defenses?

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    Defenses to Nonpayment

    Your landlord is trying to evict you because you owe past due rent, utility bills or other charges.

    • Rent Receipts: Bring all your receipts or proof of payment to court for the whole time you lived in the property.
    • Repairs: If you withheld rent or did repair & deduct because of repairs issues, you should bring:
      • Current bank statements or money orders showing rent you withheld.
      • Printed, dated photos.
      • Documented L&I violations.
      • Texts, emails or letters to landlord requesting repairs.
      • Receipts for any repairs you made.
    • Housing Inspection License: Your landlord needs a license to charge you rent. To get your landlord’s license history, go to L&I at the Municipal Services Building at 1401 JFK Blvd or search for information about your rental property online. Also, review the Housing Inspection License law.
    • Certificate of Rental Suitability: If you moved in after October 2011 your landlord needs to give you a Certificate of Rental Suitability and the Philadelphia Partners for Good Housing Brochure to charge you rent or evict you. Review the Certificate of Rental Suitability law.
    • Lead Free or Lead Safe Certification: If you moved in after December 2012 your landlord needs to provide you a Lead Free or Lead Safe Certification to charge you rent. Review more information about lead paint in Philadelphia and the Lead Certification Law.
    • Lead Poisoning Violation: If the Health Department cites your property for a lead poisoning violation, your landlord cannot charge rent or evict you until the cause of the lead poisoning is remediated. Review more information about lead paint in Philadelphia and the Lead Poisoning Law.
    • Excess Security Deposit: After the first year of a lease, you can ask for a rent credit for any security deposit paid over one month’s rent. Review the Landlord Tenant Act of 1951 Excess Security Deposit law.
    • Utilities: Check your lease and see if the utility was your responsibility. Bring any bills or letters from the utility company showing what you paid.
    • Attorney Fees: You do not owe for attorney fees unless it says so in your lease and you were wrong in some way.
    • Damages: You are responsible for damages you caused, not ordinary wear and tear.

    Defenses to Termination of Term

    Your landlord is trying to evict you because your lease term is over.

    • Term not over: Check your lease to see if the lease term is actually over.
    • Certificate of Rental Suitability: If you moved in after October 2011 your landlord needs to give you a Certificate of Rental Suitability and the Philadelphia Partners for Good Housing Brochure to charge you rent or evict you.
    • Code Violations: Your landlord cannot evict you if there are open L&I or lead poisoning violations, and you are current on rent or rent escrow. Review Unfair Rental Practices.
    • Good Cause Protections: For leases less than one year, such as a month-to-month lease, your landlord must give you thirty (30) days written notice stating a Good Cause reason to end your lease.
    • Good Cause Protections in Subsidized Housing: If you live in Public Housing, HUD project-based housing or Low Income Housing Tax Credit (LIHTC) housing, you cannot be evicted for termination of term. Review Subsidized Housing for more information.

    Defenses to Breach of Lease

    Your landlord is trying to evict you because you did not follow the terms of the lease.

    • Your landlord must prove that you breached the lease using documentation or witnesses.
    • You can bring documentation and witnesses with you to court to show that you did not breach your lease.
    • If you breached a condition of your lease because of a disability, you may be able to request a reasonable accommodation such as time or additional services to come into compliance with your lease agreement. Review Can I get a Reasonable Accommodation for more information.

  8. Can I Repair and Deduct?

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    What does it mean to Repair and Deduct?

    If your landlord does not make necessary repairs in a timely manner, you have the right to pay someone to do the repairs and deduct the cost from your rent.

    How does it work?

    If your landlord has not responded to your request for a necessary repair, you can follow these steps:

    1. Ask a contractor to give you an estimate for the cost of the repair. The cost for repair should not be more than the amount of rent owed for the full term of your lease. For tenants on a month-to-month lease, the cost should not be more than a single month of rent.
    2. Send a letter to your landlord stating that if they do not make repairs in a reasonable amount of time, you will pay for repairs and deduct the cost from your rent. Include the estimate from the contractor. Check out our sample letter https://phillytenant.org/repair-request-sample-letter/.
    3. Hire the contractor if the landlord does not complete the repairs in a reasonable amount of time.
    4. When you pay your next month’s rent, send your landlord the invoice and payment receipt along with any remaining rent owed.

    Can you give me an example?

    Say it’s the middle of August, and you have a toilet that keeps running in an apartment that you rent for $1000 a month. You text the landlord and call them on the phone, but after a week, they still haven’t come out to repair it. You know you’re going to have a high water bill if the toilet doesn’t get repaired, so you ask a local handyman to give you an estimate to repair the leak. They email you an estimate stating that it will be $95 to come out and fix a leaky flap. You then email your landlord the estimate and explain that if they do not repair the toilet in 48 hours, you’re going to pay for the repair and deduct it from your rent. After two days the landlord still does not respond, so you hire the handyman and get a receipt. The whole job ended up costing $150 because the fill valve was also faulty. When you go to pay your September rent, you send the receipt for $150 repairs along with $850 for your remaining rent.

    What are the risks?

    If you want to exercise your right to Repair and Deduct, you should be aware of some risks:

    • Finding a contractor could be stressful and time consuming. If you are not used to hiring contractors, it can be difficult to find the right person for the job who will charge you a reasonable price.
    • The contractor may not be cooperative. To exercise your right to repair and deduct, you will need a contractor who can provide an estimate that you can give to the landlord and an invoice or receipt after you’ve paid for repairs. You may also need a contractor who is willing to come out to your rental property twice–once to write an estimate and a second time to do the repairs.
    • The repair could cost a lot more than expected. What may seem like a small repair could reveal a much larger issue, especially in older homes. You should be cautious about exercising your right to repair and deduct for major repairs that could become expensive to complete.
    • The contractor could cause damages. If you hire a contractor who damages something in the process of making repairs, then your landlord could try to hold you responsible.
    • The landlord could retaliate. Some landlords may respond by threatening to evict you and argue that you did not give them enough notice, the cost of repairs was unreasonable or the repair was unnecessary.

    What do I do if my landlord retaliates?

    It’s an unfair rental practice for a landlord to retaliate against a tenant who exercises a legal right. If your landlord threatens to evict you for exercising your right to Repair and Deduct, you can file a Fair Housing Commission complaint.

  9. I’m being billed for my neighbor’s electric or gas. What do I do?

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    What should I do if I suspect that I am paying for electric or gas being used by another tenant or in a common area?

    Foreign load is utility usage that shows up on a tenant’s bill that is from another unit or common space. If you suspect you are paying for gas or electric in another unit or common space, you can contact your utility to request a “foreign load” investigation. If the utility finds foreign load, they must transfer your account and any past-due account balance to the landlord or owner’s name.

    How much counts as Foreign Load?

    There is no amount of foreign load that is too minor or trivial, a single light in a common area counts.  The account can only go back in the name of the tenant once the foreign load is corrected by the landlord and verified by the utility. 

    Only the debts at the current property can be moved into the landlord’s name, not debts that had been accrued at a previous address.

    Can my landlord still ask me to pay for utilities if there is foreign load?

    The utility cannot ask you for payment–unless it provides proper notices in the event the landlord does not pay for the service, discussed here. However, a landlord may ask for payment if you are responsible under the lease.  

  10. My landlord pays the water bill, but I got a shut off notice. What are my rights?

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    What should the notice say? 

    The notice you receive must have the following information:

    • The date on or after which the utility proposes to terminate service, which cannot be earlier than 30 days after the date of the notice
    • The amount of the most recent bill for service for the 30-day period before the notice
    • Instructions on how you can pay the 30-day bill and assurance that you are not responsible for your landlord’s back bill
    • An explanation of your legal rights under state law, which include:
      • The right to deduct your payments for utility service from rent, and
      • The right to be protected from retaliation by your landlord for exercising your right to pay to continue utility service

    What should I do if I did not receive the notice described above?

    • You should contact the utility provider immediately if you did not receive the notice of your utility rights as a tenant
    • Inform the utility provider that you are a tenant and that your landlord is responsible for the utility service
    • Demand a notice stating your state law rights under the following statutes:
      • For Philadelphia Water – “Utility Service Tenants Rights Act”
      • For PECO and PGW – “Discontinuance of Service to Leased Premises Act”
    • If the utility does not agree to give you the legally-required notice, you should file a dispute:
      • For Philadelphia Water – Contact the Water Revenue Bureau directly at 215-685-6300 and demand an informal hearing request form
      • For PECO and PGW – Contact the Public Utility Commission and file an Informal Complaint at 1-800-692-7380
    • If you did not receive the legally-required notice and your service was shut off, or if you have questions about your rights, you should seek legal help.

    Do I have to provide a copy of my lease to the utility?

    The utility provider is required by law to give the tenant notice to each home or apartment “reasonably likely” to be occupied by a tenant who would be affected by a utility shut off.  You have no legal obligation to provide your lease or information to the utility to be entitled to receive notice.  Failure to deliver a notice to a home or apartment reasonably likely to be occupied by a tenant is a violation of state law.

    Once you receive a notice, you may need to provide identifying information and show that you are a tenant in order to continue service.

    Can I become a customer of the utility instead of my landlord?

    Under state law, any tenant who may be affected by a shut off of service in the landlord’s name has the right to agree to have future utility service provided in the tenant’s name if the utility can provide that service (typically, if the tenant’s dwelling is individually metered).  Inquire directly with the utility for information on how to apply for service in your name.

    Can my landlord call the utility and have the service shut off?

    No.  The same rules that apply to the utility when the landlord doesn’t pay apply if the landlord wants to have the service turned off.  The utility must still provide the 30 day notice and information about the tenant’s rights to continue service.

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