QUESTION
Is a renewel, of the same previous yearly lease, the starting of a new year.
Asked on Sep 09th, 2013 on Landlord and Tenant Law - Pennsylvania
More details to this question:
My husband and I renewed our lease in June and accidentally bounced a check in August. We also bounced a check in March of 2013 on the old lease. Property Management, where we live, is now banning us from paying our rent online for six months, where we bounced these checks on two different lease terms. When we questioned them about this rule and it not being in the lease, they then told us it was their policy. We then asked them if we could see this policy and we have gotten our question literally avoided. We continue to ask to see this policy because in our lease, it says that the punishment for bouncing checks is a $25 additional fee added to your rent for each bounced check. It does not say that we can't use the online website to pay our rent and we have to pay by a certified bank check for six months. We feel like we are being picked on by Management in here. Is there something we can do legally?
1 ANSWER
Civil Litigation Attorney serving York, PA
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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.
Answered on Sep 10th, 2013 at 3:38 PM