QUESTION
I now live in PA. A judge dismissed charges from landlord for lack of jurisdiction. He was told he had to file where I live. He has filed again.
Asked on Oct 11th, 2023 on Landlord and Tenant Law - Pennsylvania
More details to this question:
I lived in NY and moved back to PA in 2021. My not so honest landlord in NY filed ridiculous damages for a property that was/is in need of major repairs. A hearing was held in NY March 2022. The judge dismissed charges due to lack of jurisdiction without prejudice. The landlord asked the judge if he could refile and the judge said yes but in my state. The landlord has now filed in April 2023 a higher amount in the Supreme Court of NY and not in PA. Is he able to do this?
1 ANSWER
Bankruptcy Attorney serving Collegeville, PA
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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
Answered on Oct 11th, 2023 at 10:08 AM