Pennsylvania Landlord And Tenant Legal Questions

Even though you may not have a lease arrangement, you are nonetheless obligated to proceed under the Landlord Tenant act.  That requires that you provide a Notice to Quit and, following expiration of that period, file a landlord tenant complaint in your local magisterial district justice office.  Alternatively, if you believe you are in physical danger, you can file a Petition for Protection From Abuse (PFA) which, if approved on a temporary basis, will result in his immediate eviction pending a final hearing and possibly permanent relief of up to 3 years. Finally, if you believe he is not properly caring for his daughter, you can contact your county Office of Children and Youth (OCY) who may begin an investigation and provide some relief as well as a better solution for the child. I trust this has been helpful but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Anyone can sue anyone at any time for anything.  The burden is then on the defendant to defend the case.  As you noted, the NY case was dismissed without prejudice so the landlord is free to file in PA claiming whatever he wants.  He is not bound by any amount claimed before.  The only issues that remain are whether you are liable and the amount of damages all of which the landlord must prove. Regarding the condition of the property, in PA, the burden is on the tenant claiming breach of warranty of habitability to escrow the rent pending a resolution.  If the issues with the property did not constructively evict you, in that you could still occupy the premises, rent will not be waived. I hope this helps, but do not hesitate to call or email on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Even if a written lease does not exist, a Notice to Vacate is required.  Once proper notice has been provided pursuant to the Landlord Tenant Act, you may then file a LT Complaint for eviction in your local Magisterial District Justice.  I trust this answers your questions, but do not hesitate to call or email me on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

The problem with cosigning anything is that you are taking on the responsibility of payment if the person primarily responsible doesn't pay.  See if you can work things out with the landlord regarding the past due rent.  It is not likely that he will agree to remove you from the lease.  Your daughter could also apply for ERAP the Emergency Rental Assistance Program.  Contact your County Bar Association to get information for a non-profit that can assist your daughter with the application.   ... Read More

If she is on the lease, you have no right to evict her.  Rather, your only legal solution is to not renew the lease with her. I trust this answers your question, but do not hesitate to call or email with any questions.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

After receiving a Judgment award in Court a Landlord can take various steps to collect the money that the Court has decided they are owed including selling your personal property to satisfy the Judgment.  They can also garnish your wages or take the funds from your bank account.  You do have defenses and exemptions to the Writ of Execution.  You should consult/retain an experienced Consumer Debt Attorney to assist to with this matter as soon as possible.  You only have a short time to protect your rights.... Read More

You should go to your Township Code Enforcement department and file a complaint.  There are also several steps you can take such as having the repairs done and then deducting the cost from your rent.   The following link to North Penn Legal Services has Tenant handbooks that will be very helpful to you as you take your next steps.  https://www.palawhelp.org/resource/landlord-tenant-handbook .  You can also find information on my website at Law Office of David Kennedy Bifulco. ... Read More

Although your son didn’t sign a lease, the Landlord Tenant Act applies to all attempts at eviction.  The proper procedure is to provide your son with a Notice to Quit advising him to vacate 15 days after the notice is served by posting or hand delivery.  After that time, you may file a Complaint in Eviction with your local Magisterial District Justice (DJ).  The DJ will schedule a hearing at which your son will be able to defend himself.  If the facts are as you describe, the court should enter judgment in your favor.  Then, if he is still there after 10 more days, you can then file a Writ of Possession which affords yet more time.  After that time has expired, the constable will execute the Order for Possession by locking your son out.     I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

There is no easy answer.  You have 3 options: 1) move  2) withhold rent due to the landlords failure to adhere to the covenant of quiet enjoyment and warranty of habitability 3) sue the landlord for breach of lease. The second option involves placing your rent in escrow with the strong likelihood that the landlord will seek to evict and your defense will be that landlord breached.  I trust this answers your questions and, if you live in the Delaware Valley do not hesitate to call or email on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

As you seem to have gathered, the lease determines the parties rights.  While I would be happy to review the entire lease, the language provided suggests that you must notify of your intent to terminate, at least 60 days before the end.  Otherwise, it appears to automatically renew for another year. I trust this answers your questions, and if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Generally, other than express terms in a contract that allow for termination, the only excuse for non performance is impossibility.  Thus, if the contract required that you borrow $10 million dollars and you clearly are not able to, your performance might be excused as impossible. Leases are straightforward contracts.  In exchange for occupancy, the tenant must pay timely rent and comply with other terms in the lease such as maintenance and noise restrictions.  Accordingly, mere insufficient income neither permits continued occupancy, nor excuses the balance owed. I trust this has been helpful, and, if you live in the Delaware Valley, feel free to call or email on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

In most states, yes, in contribution after they have paid for you for however long that is.  It takes actual harm though, so they either have to sue you after how ever many months it takes to find someone new, or if they sue you right away they can add each month as the case goes on but cannot add months of rent after judgment.... Read More

While your landlords failure to report rental income to taxing authorities might be an issue for him, it does not change your tenant status.  If you are month to month, he must provide you 30 days notice to quit and then can proceed to evict you. I am acquainted with a non profit who helps those with low or no income find housing and handle other expense issues.  If you live in the Delaware Valley and would like that information, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com  ... Read More

Generally, any occupant of residential real estate is entitled to due process before being evicted.  Under the Landlord Tenant Act, a notice to vacate must be served at least 15 days before any action is filed to evict. However, if your sons girlfriend vacated the premises, she would no longer be occupying and the executor would be free to change the locks.  Her only remedies are a petition in orphans court or a lawsuit for wrongful eviction.  There would be a fact question whether she was an occupant at the time he changed the locks. Nothing precludes him from allowing her to reside there.  But as a practical matter, as executor he must take steps to secure and liquidate the property for the estate. I hope this has been helpful, but I suggest speaking with an estate attorney and I would be happy to refer you to one.  Simply call or email me for a referral. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com    ... Read More

What is the term of your lease?  In other words, if your lease is a one-year long lease, then the last month would not be December.  Does the language of your lease explains what happens during a sublet?  Does your sublease agreement state when the term of the sublease begins?  If the answer is December 7th, then I would see if there is an arrangement or agreement where you can pay for December 1-7th, and have the sublessee pay the remainder, rather than have you front the entire month's rent. The terms of the leasing agreement and subleasing agreement are very key here. ... Read More

If habitability is the issue, it might be a stretch. Finding what you suppose are remnants of blood is probably not enough to work.  However, you state the room does not meet requirements for a habitable room, without specifying any conditions.  Suffice it to say, that if you are right, that would give you grounds to leave.  Remember, the landlord HAS to be given notice to correct the defect. Consult with a landlord-tenant lawyer in your area about this issue for more details. ... Read More

A basic premises of landlord tenant law is that the lease terms control the relationship, assuming that they do not violate any prohibitions set forth in the Landlord Tenant Act.  Also, to the extent the lease is silent on an area of the law, the Act and subsequent case law interpreting the Act will apply.  If property management is citing a policy, my initial question would be whether that policy is incorporated into the lease.  If not, payments should be made in accordance with the lease terms.  If they are refused, perhaps there is a violation of the lease on the part of the landlord; however, I infer from your query that you do not wish to leave your residence.  Therefore, some common ground must be reached. If I may be of any further assistance, please do not hesitate to contact my office.... Read More

In 2012, Pennsylvania amended its Landlord Tenant Act to address the issue of a tenant's personal property. The permissible method of disposing of a tenant's personal property begins after a tenant relinquishes possession of the property.  Based on your representations, it does not appear as though possession has been relinquished.  Therefore, the landlord has likely violated the Act and may be liable for damages suffered by you.  However, assuming this does constitute an eviction, there are still notice requirements the landlord must follow under the Act before disposing of your personal property without exposure.... Read More

Typically, a landlord is under no obligation to provide you notice in advance that the property is for sale.  The buyer, however, does take the property subject to any valid lease.  In other words, the new owner steps into the shoes of the former landlord.  Therefore, it is important to review your lease to determine its validity and terms, as well as when and how it renews in order to anticipate and address the possibility of a notice of non-renewal or increase in rent.... Read More

Without seeing your written lease it is difficult to answer many of your questions, as many of them will be answered by the lease provisions.  Therefore, I suggest reviewing your lease.  Nevertheless, "IF" your lease term runs until 8/1/13, typically a landlord must provide a notice of termination to prevent the lease from renewing for a new lease term.  Regardless of whether your payments have been timely, a landlord can choose to not renew the lease, but he/she must follow the requirements set forth either in the lease or the landlord/tenant act. Most leases do not permit a security deposit to be used for rent, so his request for August rent is probably justified. I'm not certain where you are located; however, if you are in the mid-state, you are welcome to contact my office for an appointment to discuss the details of your situation.... Read More

Your question is a little unclear. If you are asking whether a landlord can limit who stays in the apartment as a long term guest, the answer would be found in the lease - if there is no restriction, I would agree with the officer. Many leases limit how many people can live in an apartment, others (particularly if the landlord is a public housing authority) require the landlord to be notified, or to approve the persons who reside there.... Read More