Philadelphia, PA asked in Landlord - Tenant for Pennsylvania

Q: If landlord is responsible for water can they charge a "water fee" as an additional charge on my monthly rent amount?

They are also adding a damage waiver fee and an utility fee. All 3 fee's total 60$ in addition to the rent. Is this legal in Pennsylvania?

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James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In Pennsylvania, landlords are allowed to charge tenants for water and utilities, but the specifics of what they can charge and how they charge it depend on the lease agreement and local laws.

1. Water fee: If the landlord is responsible for water according to the lease, they should not charge a separate water fee on top of the agreed-upon rent. However, if the lease agreement specifies that the tenant will pay a water fee in addition to rent, then it may be legal.

2. Utility fee: Similar to the water fee, if the lease agreement states that the tenant is responsible for a utility fee, then the landlord may legally charge it. However, if the lease does not mention this fee, the landlord should not add it on top of the rent.

3. Damage waiver fee: This type of fee is not common in residential leases. In most cases, landlords will collect a security deposit to cover potential damages. The legality of a damage waiver fee depends on the specific terms of the lease and local laws.

To determine if these additional fees are legal in your case, carefully review your lease agreement to see if these fees are mentioned and if you agreed to pay them when you signed the lease. If the fees are not in the lease, you may have grounds to dispute them.

If you believe your landlord is charging illegal fees, you can contact your local housing authority, a tenant rights organization, or a lawyer specializing in landlord-tenant law for further assistance.

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