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Pennsylvania Law On Water Utility

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  • 04-30-2008, 01:18 PM
    miss03kc
    Pennsylvania Law On Water Utility
    My question involves landlord-tenant law in the State of: Pennsylvania

    My friend's landlord withheld 2 years of water bills. They are now moving as the lease ends in May and the landlord is claiming to keep the entire security deposit in order to pay for the water for the past 2 years. There is no language in the lease regarding the water utility - none stating that either the landlord or the tenant is responsible.

    Does the landlord have the right to do this? I was under the impression that it was the landlord that was responsible for water and sewer fees.
  • 05-01-2008, 09:27 AM
    SChinFChin
    Re: Pennsylvania Law On Water Utility
    I rent properties to tenants, especially single family houses, where the tenant pays the water bills.

    Assuming theres' a lease, it's normally written into the lease, either saying the "tenant pays for water", or "tenant pays all utilities and water". In a month to month case, there should be some kind of written agreement. In fact, I recall it's even included in standard leases sold in stationary stores, though I get mine through a RE association, and it's a standard clause in the six page document.

    I also have mine separately in an addendum as I pay the water bill, and then rebill the tenant. I had the misfortune of a tenant not paying the water bill for two years, billed directly to him, and then found that the water company came after me.

    If it's a single family house, or townhouse, tenants with their own meter paying for water is indeed the common practice, I can't imagine a seasoned landlord dumb enough PAYING for water himself, since it is known that tenant are often negligient with utilities when they don't pay for it.

    I heard of a case in a 6 family house, tenants got into arguments with the landlord, and here the landlord pays for the water as there's only one meter, several of the tenants would open up all their faucets, hot water and cold, before going to work, so the landlord will get a huge water bill. The landlord pays for the heat too, so they leave the windows wide open when they go to work.

    And then there are cases where a water hose springs a leak, a toilet runs and runs, and no one pays any attention, simply because the landlord is the one paying for the water. So, it's even common sense that the tenant pays it.

    So my suggestion is to first check the lease.
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