Landlord/Tenant Issues
Tenants have the right to the quiet enjoyment of their residences, and the obligation to pay rent to the landlord. Similarly, the landlord has the obligation to provide a safe and secure premises and the right to collect rent.
Tenants unable to afford to pay rent should contact a case manager to inquire about eligibility for a rent subsidy. A tenant who fails to pay rent can be evicted, but the landlord must take certain legal steps. To begin the eviction process, the landlord must provide written notice to the tenant to move by a specific date. If the tenant does not move, the landlord can file an eviction complaint in court. If the landlord wins in court, the tenant has 10 days to appeal the court’s decision, and remain in the residence. A tenant who does not appeal has a minimum of 21 days to move.
To file an appeal, a tenant may be required to put any money owed in an account with the court. The court has special payment plans for low-income tenants. The tenant must keep paying rent into the court’s account every month, while the appeal is pending. Failure to keep paying the rent will cause the appeal to be dismissed.
A landlord cannot change the locks, shut off the utilities, or evict a tenant in any way without getting a court order. Tenants illegally locked out should call 911 to ask for the police assistance in getting back into the premises. Once the police determine that the lockout is illegal, they should order the landlord to allow the tenant to enter the premises immediately. A landlord who refuses can be arrested.
Tenants with health problems who are unable to pay their utility bills may request a “medical certification” form from the gas or electric company to keep the service on. The tenant’s health care provider must complete the form certifying a qualifying medical condition. The certification should provide the tenant with enough time to resolve any unpaid bills or get on an alternative payment plan.
Resources/Glossary:
Winter moratorium on utility termination has begun
From December 1, 2011 through March 31, 2012, electric companies and natural gas companies that are regulated by the Public Utility Commission are prohibited from shutting off service to certain households. Those households must have incomes at or below 250% of the Federal Poverty Income Guidelines (or 150% of the FPIGs for customers of PGW in Philadelphia). Even electric and natural gas service that is non-heat related is covered by the moratorium. If you have any questions about the moratorium or other utility issues feel free to contact us between 9:30 a.m. and 1 p.m., Monday-Friday, at (215) 587-9377.
Applications for 2011-2012 LIHEAP season available beginning Nov. 1, 2011
The Low-Income Home Energy Assistance Program, also known as LIHEAP, helps low-income families pay their heating bills. LIHEAP is a grant that offers assistance in the form of cash, sent directly to the utility company, or a crisis grant for households in immediate danger of being without heat. We encourage people to apply as early as possible this year because funding is at a very low level. To find out if you qualify, or for assistance in applying, call us during our normal intake hours, 9:30 a.m.-1 p.m., Monday-Friday, at (215) 587-9377. Bilingual (Spanish/English) staff members are available. You may also apply through the Commonwealth of Pennsylvania’s website by clicking the headline above.
Property Tax/Rent Rebate Program
Senior citizens and people with disabilities who live in Pennsylvania are encouraged to apply for the Property Tax/Rent Rebate program, which provides rebates of up to $975 to residents who meet program criteria. The deadline to apply is December 31, 2011. Free application assistance is available at Revenue district offices (listed in the government section of local phone books), local Area Agencies on Aging, senior centers and state legislators’ offices. Request a form online by clicking here, or call, toll-free, 1-888-222-9190.
HIV & Housing Advocacy Manual 
Philadelphia Police Department’s Citizen Information Bulletin on Illegal Lock-outs 
Partners for Good Housing, 
a publication of Philadelphia’s Department of Licenses and Inspections outlines the responsibilities of owners, tenants and landlords for maintaining houses and apartment in a safe and clean condition.
