Legal Question in Real Estate Law in Pennsylvania

Landlord charging tenants a utility in the middle of the leasing term that was v

I've been residing in my current apt. for 5 months now with the understanding that water sewage and trash is included with rent. For the month of May's rent I received my monthly rent bill with sewage now tacted onto my bill without any notification. Can they charge me for a utility bill in the middle of a 1 yr lease which gives me no choice except to pay? Apparently there was some kind of construction done on this complex 2 years ago that reflected a new sewage system which they are now charging all the residents for, is this legal? No explanation was provided as to how they arose to the amount they are billing us for each month which is a ludacrist amount. Also, since I never mailed them back my original lease with my signature can I move at any time providing a 30 day notification even though the lease stipulates a 60 day notice in writing? The lease also states that a security deposit equal to 1 months rent will be non-refundable due to decorator's fee but once again I never signed the original lease agreeing to this contract. Can I retain my security deposit also, should I vacate the premises due to not signing the original lease?


Asked on 4/24/00, 6:24 pm

1 Answer from Attorneys

D Patrick Zimmerman Law Offices of D Patrick Zimmerman

Re: Landlord charging tenants a utility in the middle of the leasing term that w

If the lease does not call for you to pay water and sewer you only have to pay what the lease said at time of rental. You cannot have it both ways. Either you have an oral lease or a written one. In Pa oral leases under three years are binding. I'd say that if this written lease was what was shown to you when you rented, by you're moving in you agreed to abide by it. Therefore, the sixty day notice would apply so that said notice would be required to move out. The lease would tell you whether it renews after the year or not. If nothing is in the lease, then it ends after the year. The security deposit was negotiated at the beginning of lease and if you agreed to it, you are bound by it.

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Answered on 5/31/00, 12:05 pm


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