Landlord And Tenant Legal Questions

"Seniors at risk" is of no consequence in a landlord tenant environment. Absent public or subsized HUD housing, at the end of every lease the LL is entitled to charge whatever they want, especially if the market value has substantially increased. There is no "coersion" as the remedy is simply to decline and move out to live elsewhere if there is a better deal. If the tenant refuses to sign a new lease and holds over after the old lease expires they are subject to eviction and assessed double market value rent. If this is some issue where the LL is demanding existing leases be cast aside and new leases for higher rent be signed, then you need to retain a tenant lawyer to address such an issue as a lease is binding on BOTH sides for the duration of the lease period. The remedy there is simply to refuse to sign a new lease, knowing your existing tenancy won't be renewed, and if the LL sues for eviction to defend it aggressively. ... Read More

This is an impossible question to answer because in part you have already been exposed to such issues and there is no viable way to be proactive short of 24/7 recording of all contact or conversations. Your best bet at this point is to vacate the property an live eslewhere where her antics are not an issue. ... Read More

No. This is not a law enforcement issue - its a civil dispute. The police won't protect you from hurt feelings. The practical issue is to simply move out and move on. Its not finanically viable to chase after am elderly landlord in a room rental situation. Otherwise you have the RIGHT to sue over it - but not likely going to be worth the added expense and effort. ... Read More

The LL cannot address the deposit until after you vacate. Also a LL general agreement to allow you to terminate the tenancy early would need to be in writing and have some consideration to be enforceable. If this is a mom&pop rental - they may have already stolen the sec dep and simply try to make excuses not to return it.... 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

Depending on your means, you should hire legal counsel or seek help from legal aid. note the landlord is required to make repairs that go to the fitness of the property for habitation. you need to advise them to fix the items that are wrong and advise them that after a reasonable time, you will either apply rent and fix them yourself or put rent in escrow until the fixes are complete. the point is, you have rights.... Read More

The new LL (landlord) does not have a contract of lease with you, the old LL does. You have a right to remain under the old lease but, the likelihood they will agree to a new lease in May is low. The new LL is purchasing the property using financing. Having your lease improves their look to the new lender.  As long as the terms of the new lease are OK with you, all you are really doing is extending to the end of June which is a enough time for you to decide what you want to do. It could be the LL is looking to raise rents right now; again the lease they offer will tell you if they want to keep you as a tenant or not. Again, you don't have to sign the short lease but they will appreciate it if you do. Best of luck to you.... Read More

This looks very much like an illegal lockout. The prior owner looks like he broke the law and may be liable for triple damages. This could be a very good case against them.   They appear to have violated the spirit and order of the court. VERY bad for them. To prevail, you will almost certainly need a lawyer. my email is gb@borman.net if you wish to be in touch.... Read More

You should hope not. If you are not on lease and force the LL to sue for eviction you simply destroy your rental record for no reason. You may have to make a hard choice regarding placing your pet elsewhere and having a place to live if the animal interferes in your ability to find a place to stay. If you are not on the lease your best bet is to move out ASAP to a shelter, hotel, motel freind or family place temorarily, and put your things in storage, until you can find a place. Otherwise, you will be forced out with a lawsuit and then add an eviction to the other reasons that might prevent you from finding any place decent. ... Read More

You should notify your landlord in writing of the mold enclosing a copy of the home test results and request that the landlord promptly remediate the situation.  You should make sure your rent is current and all future monthly rent payments are made in a prompt and timely manner until the mold has been remediated.... Read More

Not sure what you are expecting to happen if the property is burned and you do not remove your items from a placarded property. The answer to "what to do" is to get your things gathered up and put them in storage, pending a determination of who was at fault for the fire. If it was you, the loss of your things is the least of your concerns. If it was the LL then this would likely be a renters insurance or liability insurance claim. ... Read More

USE or establishing a residence? two different issues and residence is a whole different ball game. How you "feel" is of no consequence. Legal issues are based on facts. Here it seems like subletting so you would have both COA issues and insurance issues to address. You will need to hire an associations lawyer BEFORE he moves in, to address this. ... Read More