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Questions Answered by Nellie T Schulz
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 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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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Real estate - buyer threatens to sue on the grounds on incomplete information before sale of property

I sold a property two months ago.. the property was inspected thoroughly and signed off by the community inspector 2 days before the sale deed was closed. I also replaced any/all damaged items and got the property cleaned. Additionally, I also informed the buyer (before the sale deed closed) via... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Oct 8, 2021

You don’t say what the buyer has done to “threaten” to sue you, so I can’t address that. There isn’t anything for you to do unless and until the buyer files a lawsuit against you. In the mean time, don’t reply to any emails, voicemails, phone calls, text messages or to anything on... Read more »

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: i live in pennsylvania my dad lives in north carolina he wants to tranfer a deed into my name can we do that in pa
Nellie T Schulz
Nellie T Schulz
answered on Sep 10, 2021

Mr Avery has provided you perfect advice.

I would add only that both Pennsylvania and Florida have seen an extraordinary rise in the number of fraudulent deeds, so don’t be surprised if the acknowledgment and recording processes have new, strict rules.

If the property is...
Read more »

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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 »

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