Pennsylvania · Heat or AC Not Working
Heat Not Working in Pennsylvania: What You Can Do
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Pennsylvania.
When the heat stops working, Pennsylvania law gives you ways to get it fixed. This page covers your landlord's duty, local heat rules, and the steps to take. It also covers rent withholding (paying rent into a separate account) and protection from gas and electric shutoffs.
What the law says
-
In Pennsylvania, a rented home must be fit to live in, and heat in winter is part of that. A home without working heat in winter counts as unfit under state law. Your landlord must fix serious problems like this.
Source:- Part IV.C Maintenance, Pennsylvania Office of Attorney General. A government guide.
-
Pennsylvania has no single statewide rule that sets an exact indoor temperature for rentals. Cities write heat rules into their property codes, so the exact rule depends on where you live. In Philadelphia, heating systems must be able to keep rooms at 68 degrees from October 1 through April 30. That rule covers two-family homes, apartment buildings, and rooming houses. Check your city's guide for its rule.
Source:- City of Philadelphia. A government guide.
-
Sometimes the heat is off because the building's gas or electric bill is in the landlord's name and the landlord did not pay. The company cannot shut off service without warning you. It must send a written notice to your home at least 30 days before it turns off service.
Source: -
If the landlord still does not pay, you and the other tenants can keep the service on by paying the company. You pay the amount of the landlord's bill for 1 month, and the company must keep service on or restore it promptly. Any money you pay the company comes off your rent. For example, if you pay the company $150, you pay your landlord $150 less that month.
Sources: -
The law protects you when you pay the bill this way. A landlord who threatens you or punishes you for it owes you money. The amount is 2 months of rent or your actual losses, whichever is more: 2 months of $1,000 rent is $2,000. The landlord may also have to pay your court costs and lawyer fees.
Source: -
If the heating bill is in your own name and you are behind, you have extra protection in winter. From December 1 through March 31, electric and gas companies cannot shut off households below an income limit set by state rules. They need permission first from the Public Utility Commission, the state agency for utilities (water, electric, and gas). If you get a notice that your service will be turned off in winter, contact the company and share your household size and income.
Source:- 52 Pa. Code § 56.100(e), Pennsylvania Code. An agency rule.
-
From December 1 through March 31, a utility (water, electric, or gas) company cannot shut off service to your home. This applies if the account is in your landlord's name. It can still shut off service in a few cases, such as fraud, someone changing the meter without permission, or using service without permission.
Source:- 52 Pa. Code § 56.100(f), Pennsylvania Code. An agency rule.
-
A serious illness in your home can keep the company from shutting off service. A licensed doctor, physician assistant, or nurse practitioner can write a letter saying that someone in the home is seriously ill. The letter also works for a condition that would get worse if the service stops. With it, the company cannot shut off service or refuse to restore it. Get the letter to the company quickly.
Source:- 52 Pa. Code § 56.111, Pennsylvania Code. An agency rule.
Tell your landlord
-
Tell your landlord the heat is not working right away, and put it in writing. A text, an email, or a letter all work. Keep a copy of every message. Write down the indoor temperature each day and take photos. The law says you must tell your landlord first and allow a reasonable time for the repair.
Source:- Part IV.C Maintenance, Pennsylvania Office of Attorney General. A government guide.
Stay safe while you wait
-
Do not heat your home with a stove or an oven. That can start a fire and cause carbon monoxide poisoning (a deadly gas you cannot see or smell). Philadelphia's inspections department warns that stoves, ovens, and space heaters are unsafe substitutes for a working heating system. In Philadelphia, using a stove or oven for heat is also against the law.
Source:- City of Philadelphia. A government guide.
If it is still not fixed
-
If the landlord does not fix the heat, report it to your city or county code office. Ask for an inspection. The city treats no-heat reports as a priority during the heating season and tells renters to report right away. One caution from legal aid: for very bad conditions, an inspector can condemn the home and make everyone leave.
Sources:- Our editorial rules.
- City of Philadelphia. A government guide.
-
If you can pay for it, a private home inspector can check the problems. This can cost money. Their written report and photos can help show the conditions in court. A private inspector only writes down the problems for you. To find one, search "home inspector" or "rental inspection" plus your city name.
Source:
Did this page help?
Thank you for telling us.