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Questions Answered by Nellie T Schulz
2 Answers | Asked in Contracts and Landlord - Tenant for Pennsylvania on
Q: I moved out of my apartment over 30 days ago, and I have not yet received my security deposit. It might be in the mail.

They have my forwarding address, and have already notified me that I will be receiving the deposit in full plus additional overpaid rent.

Nellie T Schulz
Nellie T Schulz
answered on May 12, 2023

Under Pennsylvania’s Landlord Tenant Act, within 30 days after you have moved out, the landlord must either return the entire security deposit or send you a list of damages, the cost of repairs, and any money remaining from the security deposit. If the landlord does not provide a written list of... Read more »

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2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Do I use my virtual office address or my home address to get a business license in Pennsylvania?

I am starting an online business in PA and have a virtual office address for the business along with a registered agent that I used to file the corporation with the state. Can I use that address to get a local business license or do I need to use my home address? I am unsure if I should use the... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Feb 27, 2023

I agree with Mr Cherewka. If you are filing a Certificate of Organization or Articles of Incorporation with the Department of State to form a new LLC or corporation, you need to use an actual street address where you receive mail. You cannot use a Post Office Box. You can also hire a Commercial... Read more »

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1 Answer | Asked in Real Estate Law and Contracts for Pennsylvania on
Q: I listed my house "as is". Got offer for full price. Buyer is going with a conventional mortgage. The house didn't pass

appraisal. The buyer wants to do the repairs so it passes, but wants me to reimburse him at closing. Doesn't that void the "as is" contract he signed?

Nellie T Schulz
Nellie T Schulz
answered on Feb 25, 2023

Without knowing what the agreement of sale says, it’s difficult to answer any question about it. In any event, if the buyer’s financing fell through, the agreement probably allows you to terminate the agreement. I doubt the agreement would allow the buyer to even enter onto the property without... Read more »

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: My landlord refuses to fix a major health and safety hazards. What can I do?

Mold EVERYWHERE. Black mold (kids are sick constantly)

Bathtub is about to fall through ceiling

Bathroom sink fell on daughters head and it's still not attached it's just in the basement.

Walls are falling apart and cracking.

I have 4 kids and no where else to go

Nellie T Schulz
Nellie T Schulz
answered on Feb 25, 2023

You should contact your local municipal property authority and ask to have the leased premises inspected for code violations and to determine whether the premises is fit for human habitation. You will need a written report and if the leased premises is in as bad a shape as you say, the landlord... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: There is an alley-way directly behind my property. On the left and right side there are houses.

We are all allowed to use the alley-way for the purpose of walking through it. I need to attach a downspout to this area of my building in order to direct a portion of the rain water here. My question is, does the fact that we are all able to use the space for walking through also allow for this?... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Feb 21, 2023

It’s hard to say without knowing whether there is a written easement agreement or other writing (perhaps in the deed) creating the right of way and whether it restricts the easement for its intended use. If the new downspout would further restrict the use of the easement for its intended use, I... Read more »

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: If I die is my brother responsible for lot rent & utilies at my moblehome, he owns his own home & does not live with me?

n?a

Nellie T Schulz
Nellie T Schulz
answered on Feb 20, 2023

Under a relatively new amendment to Pennsylvania’s Landlord Tenant law, the administrator or executor of a deceased tenant’s estate has 14 days after the later of:

(1) the last day of the second calendar month that follows the calendar month in which the tenant died; or

(2) the...
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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an agent represent both the buyer and seller, and review other offers for the property? Without informing anyone?

Put in an offer, found out they went with another offer. Later found out that the agent selling the house also represented the winning offer. From what I can tell, that agent is required to disclose this, and they are not permitted to review other offers on the house.

Nellie T Schulz
Nellie T Schulz
answered on Feb 13, 2023

The agent representing the seller is called the “listing” agent and the listing agent is the person who enters into a contract either the seller. Under PA law, a listing agent is permitted to represent both the seller and the buyer. The listing agent is required to disclose to the seller in the... Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: If someone is selling their property and they are not married and do not have children together does the other person's

My father is selling his land he was never married to the woman who passed but her children are saying they should get some of the money from the sell

Nellie T Schulz
Nellie T Schulz
answered on Oct 16, 2022

I assume that the woman who died was not named as a grantee on the existing deed to the father and that the father was the sole owner of the real property. I can see no scenario under which a close friend and occupant of real property can gain any ownership rights to that property, absent a written... Read more »

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: What steps are required to deal with a landlord to replace a broken water heater. Can't get any response

No hot water for 2 weeks

Nellie T Schulz
Nellie T Schulz
answered on Jul 9, 2022

You need to contact the landlord by writing him an actual letter. If you have a lease, there should be a section in the lease entitled “Notice” which will have the address where notices to the landlord should be sent. It may also contain other instructions such as how the letter should be sent... Read more »

2 Answers | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Regarding public record

Can I go to court and request my information and home title be private due to fraud since it is so easy for someone to steal a home due to public record and all information available to criminals, because there is no protection for an innocent person by the law? Thank you and think for your help.

Nellie T Schulz
Nellie T Schulz
answered on Jul 5, 2022

The deed to your house is not kept at a court, but is publicly recorded and maintained at the Office of the Recorder of Deeds for the county in which your house is located. I don’t know of any way a court could do anything to prevent beforehand anyone from preparing, selling, or recording a fake... Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: When purchasing a residential home in PA does it have to be recorded in the newspaper?
Nellie T Schulz
Nellie T Schulz
answered on Jul 3, 2022

There is no Pennsylvania state law requiring that sales or purchases of residential houses be published in a newspaper. Although I have never heard of one, I suppose there is a possibility that a county, city, borough, or township has such a requirement for residential real estate located within... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: My son is getting evicted he was served with a quit notice by the executor of the estate. He is only 24

He signed the quit notice even though it said by the 30th and the man who delivered it said it was a 30 day notice but was delivering it on the 13th. This is in Pennsylvania. Can they lock the doors on him if he isn't out by the 30th

Nellie T Schulz
Nellie T Schulz
answered on Jun 16, 2022

A Notice to Quit provides the tenant a certain amount of time to either (a) cure the default within the time period and remain at the leased premises or (b) not cure the default and vacate the leased premises. If the tenant stays at the property beyond the time period and does not cure the default,... Read more »

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: I have tenants living in the house in PA. One-year lease is up on 7/31/22. How much notice not to renew I should give?

They have been living in the house for 3 years but every year we sign the new lease for 1 year. We have a clause stating that if either landlord or tenant don't wish to renew, either party has to give at least 30 days notice. I gave them the notice not to renew a few days ago but they claim it... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Jun 13, 2022

You are right, unless the leased premises are a Manufactured (i.e., mobile) Home?

The only provision of the law requiring 3 months prior written notice of the expiration of the term of a lease is for a lease which is more than 1 year (which yours is not) and where the leased premises is a...
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1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: After obtaining a winning judgement in a civil case in PA, can I get a lawyer then and add those fees to the judgement?

I recently sued my landlord in small claims court in PA for double my security deposit and won because they didn't even bother to respond to the case. I'm currently waiting for 30 day appeal period to end and as I've been preparing for any possibile appeal or learning how to collect... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Feb 22, 2023

Unfortunately, the amount of the judgement can’t be increased after the judgement has been issued even if it costs you to collect the judgement.

1 Answer | Asked in Business Law for Pennsylvania on
Q: Is there a statue of limitation on compensation for shares?

My father gave me shares of his s-corp, roughly 30 years ago, and equates to 1/3 of the issued shares. Now he is incapacitated and I see how the corp distributes profit and losses to the shareholders in prior tax returns. I never received anything for my shares and he had kept them with his... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Feb 14, 2023

You describe a complicated situation that has many potential legal and tax issues - it’s even possible the company is no longer in existence. I think you need to consult personally with a business lawyer to review what documents you have, what documents are filed with the PA Department of State... Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: I want to close my business. It was established as a partnership. Who should we call to help do this correctly?
Nellie T Schulz
Nellie T Schulz
answered on Apr 24, 2022

I think you should work with your certified public accountant and he may have to work with your partners’ accountants. It would be best if each partner had his own accountant, as there will be issues that all partners (such as valuations) would have to agree to.

1 Answer | Asked in Business Formation and Business Law for Montana on
Q: Taking a name?

My family lives in PA, but we want to start a ranch in Montana. The name Mountain Valley Ranch is already issued as an assumed business name but under the sub of an individual. We were looking to go in as an LLC to protect assets. Are we able to submit that name as an LLC without legal issues?

Nellie T Schulz
Nellie T Schulz
answered on Apr 20, 2022

This is a question of Montana law, not Pennsylvania law. Most likely, you will have to get the permission of the current owner of the name to use their name. Under Pennsylvania law, a person or company does not acquire any intellectual property rights in the registered name of a company, but the... Read more »

2 Answers | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: Pennsylvania: Can a landlord force you to sign a new lease after signing the lease renewal request three months earlier?

I signed a lease renewal request form in November that obligated me to the prior lease agreement. The lease renewal was for 24 months with "all other lease terms will remain the same." This month, my landlord sent me a new lease and stated that I must sign it with the addendums. The new... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Mar 2, 2022

It may sound as though the lease renewal request document limits the changes that could be made to the actual lease renewal, however, a definitive answer can’t be given unless the existing lease, the lease renewal request, the proposed new lease, and any interim correspondence between you and the... Read more »

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2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Pennsylvania on
Q: Can I lose my dog privileges at my aprt for walking my neighbors naughty dog that has a bite history? If he bites again?

I have two esa (dogs) at my aprt complex. I’ve never had a problem with them. I also walk my neighbors dog, I’ll call him “Wally”. Wally is legally on her lease. The problem is, Wally has nipped at an apartment employee before, with a different walker. The incident was reported and is now... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Jan 22, 2022

It’s not possible to answer your question definitively without knowing what the pet provisions say in your lease. I suppose it’s possible that it could provide that a tenant who acts negligently when walkia dog” could be bYour arguments are logical and sound, but that doesn’t mean your... Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: grantee deed two separate individuals and husband and wife as tenancy with right of survivorship as between all j
Nellie T Schulz
Nellie T Schulz
answered on Nov 28, 2021

I don’t see that you’ve asked a question. You should try re-wording your statement in the form of a question and add as much specific information as you can.

Most importantly, include whether the four persons obtained title to the property at the same exact time on the same date, in...
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