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Questions Answered by Nellie T Schulz
3 Answers | Asked in Landlord - Tenant for Pennsylvania on
Q: I have a month to month lease, landlord served me today with a lease termination, is this legal during covid-19
Nellie T Schulz
Nellie T Schulz answered on Jun 2, 2021

Yes. The Pennsylvania Governor's Order didn't affect a landlord's right to terminate a monthly lease or have a tenant evicted for any reason other than non-payment of rent. It also required that a non-paying tenant provide certain statements concerning the tenant's non-payment of ren

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: can a new owner of my auctioned off rental apartment of 36 yrs. kick me out without notice?
Nellie T Schulz
Nellie T Schulz answered on May 9, 2021

When real property which is subject to an existing lease or leases is sold, the leases remain as part of the real property for the entire remaining term of each lease. If the term of a particular lease is month-to-month, then the new owner may terminate the month-to-month lease with at least 30... Read more »

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: If someone changes things in a commercial lease, with white out, post signing it, is that a breach of contract?

We put down 4,000 to open a business. We signed the lease but because of Covid, weren't able to get the paperwork in the normal, timely fashion. When we went to get the lease, it was altered.

Nellie T Schulz
Nellie T Schulz answered on May 6, 2021

I don't think there are enough facts in your question to be able to give any response It doesn't say whether you took a copy of the signed, unaltered lease with you at the time you and the landlord signed it; or whether you told the landlord that the lease had been changed when you... Read more »

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: If my lease expires, am I free and clear to move out? Plumbing issues, mold, mushrooms grow in kitchen baseboards. Uggh

We are in a basement apartment. Sent numerous messages and photos about the plumbing backing up. We shower in our neighbors food waste. If they do laundry, our shower backs up and overflows (great when we’re not home). Got a dehumidifier to deal w mold (it’s bad) and even sent photos of moldy... Read more »

Nellie T Schulz
Nellie T Schulz answered on Mar 15, 2021

The general rule is: A lease ends when the term of the lease ends.

BUT, you must read your lease carefully, as there may be exceptions to this rule. For instance, the lease may say that the term of the lease automatically renews unless the tenant sends written notice to the landlord of...
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1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Can a landlord reclaim the property when you have a month to month lease that has expired without evicting you?

Receiving certified letter to vacate premises and that landlord is reclaiming his property, not renewing month to month lease but is claiming he is NOT evicting us.

Nellie T Schulz
Nellie T Schulz answered on Jan 28, 2021

The law in Pennsylvania is that on the date that the term of a lease expires, the lease itself expires and terminates. If a lease terminates, it terminates and no longer exists. This means the tenant no longer has any right to remain at the leased premises and the tenant must vacate the leased... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I just signed closing documents for a real estate property in North Carolina through an attorney on December 11th.

This was done by UPS overnight. I sent back on December 14th. Is there a deadline to get to the courthouse?

Nellie T Schulz
Nellie T Schulz answered on Dec 14, 2020

I simply changed the governing state law to North Carolina, where the property is located.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I recently did a mail away and signed documents for a house closing. I am mailing back package overnight.

We all know sometimes the package takes longer. Is there a time frame after closing to record the documents at the courthouse?

Nellie T Schulz
Nellie T Schulz answered on Dec 14, 2020

Perhaps some attorney much more brilliant than myself could make some sense of your question, but I can't. Would you ask it again and include more details? Some examples: Are you the buyer or the seller? What documents did you sign ? To whom are you sending the documents? Is a title... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: Am I able to get of of my current lease due to a medical condition?

Hi. My daughter seems to be stuck in an iron clad lease! They put that it’s $10,000 over 10 months instead of monthly. She is having SEVERE medical issues (anxiety and migraines) due to an incident the 1st week she moved in girls stealing and fighting with her (roommates) police report filed and... Read more »

Nellie T Schulz
Nellie T Schulz answered on Dec 12, 2020

I know if no law in Pennsylvania that would relieve a tenant from lease obligations because the tenant is very ill and has been advised by their medical doctor to move out. In fact, there us a law in Pennsylvania which says that if a tenant dies while the lease is still in effect, the lease is not... Read more »

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1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Changing automatic lease renewal period by amendment? No signature

My current lease ends at the end of Nov 2020. I received a certified letter back around August stating that my lease would automatically renew for another year unless I provided notice by September 1st.

Suffice to say, the letter was lost and this did not happen. I want to renew, but at a... Read more »

Nellie T Schulz
Nellie T Schulz answered on Nov 16, 2020

As to your first question, if a yearly lease automatically renews, it renews for the same period of time as the original lease. That's the law even if the lease doesn't say what the length of the renewal term is. In your situation, the lease said the renewal term would be for one year. As... Read more »

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: My Pennsylvania landlord advised me they are evicting me under "Pennsylvania Hotelkeepers Law".

My Pennsylvania landlord advised me they are evicting me under "Pennsylvania Hotelkeepers Law" without any other reason given other then they need my room. Is this allowed under specific Pennsylvania precedent? Assuming the plain language in the statute applies about removing guests,... Read more »

Nellie T Schulz
Nellie T Schulz answered on Nov 9, 2020

I may be throughly thick, but would you ask your question again and include more information. Look at the lease and sign on the house: did you lease a room, a hotel room, an air bnb, a vacation room? Townships require rental licenses to lease houses and rooms, but the state requires real estate... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My Tennant changed the lock. What is our recourse?
Nellie T Schulz
Nellie T Schulz answered on Nov 9, 2020

Ask your tenant to meet with you at the leased space and deliver two additional copies of the key (made at his expense) to the new lock. Make sure the new keys work. Show the tenant the provision of the lease which prohibits the tenant from changing the locks. The most serious reasons for not... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Deposit on a House

Hello, I am selling my house. I entered into a contract with a buyer, that was given seven days to make a decision

( in writing ) about moving forward with the deal. On day eight the sellers agent notified my agent they were backing out of the deal. None of this was in writing. This... Read more »

Nellie T Schulz
Nellie T Schulz answered on Oct 20, 2020

Your question can't be adequately answered in s Q&A forum such as this, where no documents or correspondence can be reviewed. I think you should hire an attorney who practices in the county where the property is located and is experienced in litigation and real property law. If you... Read more »

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Pennsylvania on
Q: What type of lawyer would i need to pursue a suit against a finance company?

My car loan company wrote my loan off as a skip and placed it in collections then a year later (This april) reopened the account without my knowledge and consent and added thousands onto the balance as missed payments. When contacted about it they say they have no knowledge of this but my credit... Read more »

Nellie T Schulz
Nellie T Schulz answered on Sep 17, 2020

You should contact a Litigation Attorney who is experienced in consumer loans and practices in the county where any lawsuit would be brought. Your county bar association should be able to refer you to an appropriate attorney, if you don’t know of one.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Daughter is paying rent during covid-19, landlord won't renew lease, she has autoimmune disorder,

Only reason won't renewal lease cause she asked for repairs, which was hazardous, & apartments not in demand due to covid. She has autoimmune disorder, he didn't even give In writing, through text. Has nowhere to go. What can she do, as there was extension for eviction & non... Read more »

Nellie T Schulz
Nellie T Schulz answered on Sep 9, 2020

The Governor’s Executive Order prohibiting eviction as a result of the COVID-19 pandemic expired on August 31, 2020. The Governor has said he does not have the legal authority to extend the prohibition, but the Pennsylvania Legislature is currently considering extending it. Assuming this... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Pennsylvania on
Q: Which box to check on the “Pennsylvania Department of State bureau of corporations and charitable organizations” form?

For amendment, withdrawal, cancellation boxes

Nellie T Schulz
Nellie T Schulz answered on Aug 2, 2020

There are dozens of forms on that website and each one has detailed instructions. Without knowing what form you are referring to or what the purpose is of the form, it’s not possible to say which box should be checked.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: I pay my landlord to do the yardwork. Should he be trimming the flower bed that is partially blocking the stairs?
Nellie T Schulz
Nellie T Schulz answered on Jun 27, 2020

I assume you have contacted your landlord in writing or email asking him to trim the flower bed and he refused.

Whether the agreement with your landlord requires him to trim the flower bed depends on what the agreement states (if in writing) or what the terms you and he discussed and...
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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Private Sale Vacant Lot

I’m buying a vacant land from a close family friend. This is a cash deal. Can we just do a sale agreement and deed On our own and have our signatures notarized? I plan to Do a title search on my own and then file the paperwork with the county. I don’t see why I need to pay all this money for... Read more »

Nellie T Schulz
Nellie T Schulz answered on Jun 26, 2020

You ask whether you ”can” purchase your f

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: I have several questions about a land dispute and trespassing so I will do my best to be as clear as I can.

I have about 80 acres of land with a 2 acre pond in Mercer County PA. We own approx. 75% of the pond and the neighbor owns the other 25%. We have never had any trouble with that land owner.

However, he recently sold his land and the 25% of the lake to someone else and it has been trouble... Read more »

Nellie T Schulz
Nellie T Schulz answered on May 22, 2020

Your question gives no explanation of a number of facts which may prove decisive. A few of the facts needed: how the 75/25 split in ownership of the pond was initially created and when; whether the pond is man-made or of natural origin; how it is fed, such as by run-off, stream, an underground... Read more »

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1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: My landlord was advised they can not kick us out so they have flooded the apartment with raw sewage to force us out

The landlord has backed up 3inches of raw sewage into the apartment making it uninhabitable because they were told they can not evict us and need a court order what can we do?

Nellie T Schulz
Nellie T Schulz answered on May 5, 2020

First, you should move out to protect your health. But immediately contact your local housing and health officials to (politely) demand an inspection of the property, because the sewage is an immediate danger to public health, and issue a report. Their report most likely will declare the property... Read more »

Q: The brief summary of my issue and the related question is contained herein.

I am in the process of establishing a partnership with another company. A new company was to be formed in which the two services (software) would be combined to create one company/service. The other party signed an NDA, I then sent a proposal suggesting the merger or creation of a new company. I... Read more »

Nellie T Schulz
Nellie T Schulz answered on May 2, 2020

I agree with Mr. Flynn. Your situation is too important and complicated to use a Q&A website forum for legal advice. I, too, urge you to hire your own business attorney before you enter into any further discussions with the other company, and before become obligated to pay them for any... Read more »

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