Pennsylvania Landlord - Tenant Questions & Answers
Q: I own a rental property in Upper Darby, PA. for which the tenant needs eviction for non-payment of rent.
Peter N. Munsing's answer
You should hire an attorney. Suggest you contact legal services, find out which of their housing unit lawyers is now in private practice, and hire them as they know all the defenses and can get around them.
You should hire an attorney. Suggest you contact legal services, find out which of their housing unit lawyers is now in private practice, and hire them as they know all the defenses and can get around them.
Q: Need help to decide notice to Quit deadline
1 Answer
| Asked
in
Contracts, Real Estate Law and Landlord - Tenant
for
Pennsylvania
on
Answered on Dec 14, 2018
Answered on Dec 14, 2018
Elizabeth Tarasi's answer
You gave him the 30 days. File at the magistrate then give him the 10 day notice the day before you file.
You gave him the 30 days. File at the magistrate then give him the 10 day notice the day before you file.
Q: Can someone I stayed with as a guest demand rent at a later date?
Peter N. Munsing's answer
He can ask. That doesn't mean you are obligated. There was no agreement as terms hadn't been discussed and accepted. Just politely say "that was never discussed. I'm sorry you feel that way but I don't see that I owe that." leave it there. I assume you have all your stuff out and are in a different place. At this point if he wants to try he can take you to small claims, but as long as you respond to his case and show up he wouldn't get the rent on the facts you gave.
Do not get into...
He can ask. That doesn't mean you are obligated. There was no agreement as terms hadn't been discussed and accepted. Just politely say "that was never discussed. I'm sorry you feel that way but I don't see that I owe that." leave it there. I assume you have all your stuff out and are in a different place. At this point if he wants to try he can take you to small claims, but as long as you respond to his case and show up he wouldn't get the rent on the facts you gave.
Do not get into...
Q: Do I still owe rent for October and November since it will take another 2 weeks (Nov 10th) to completely move out?
1 Answer
| Asked
in
Real Estate Law and Landlord - Tenant
for
Pennsylvania
on
Answered on Oct 28, 2018
Answered on Oct 28, 2018
Q: When does rent begin, with no agreement? Storage? My CA niece put some belongings in my PA house, left on vacation.
Peter N. Munsing's answer
Under the circumstances, there is no agreement as she left without apparently you or she coming to terms. If you came to terms, it starts when she leaves the items. Assuming her vacation isn't the Endless Summer, have her get the stuff out when she gets back.
Under the circumstances, there is no agreement as she left without apparently you or she coming to terms. If you came to terms, it starts when she leaves the items. Assuming her vacation isn't the Endless Summer, have her get the stuff out when she gets back.
Q: mom loving hpuse. No rent just bills and up and left now power if off
Kathryn Hilbush's answer
I'm sorry but I don't see a question here. Maybe your best bet is o make an appointment with a family law attorney to discuss your situation.
I'm sorry but I don't see a question here. Maybe your best bet is o make an appointment with a family law attorney to discuss your situation.
Q: Can my landlord shut down my house and leave me with no where to go? Our lease just renewed and we're paid up
1 Answer
| Asked
in
Real Estate Law and Landlord - Tenant
for
Pennsylvania
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Q: whats the next step in serving someone who is avoiding being sued.
1 Answer
| Asked
in
Civil Litigation and Landlord - Tenant
for
Pennsylvania
on
Answered on Aug 31, 2018
Answered on Aug 31, 2018
Elizabeth Tarasi's answer
Did the appeal period pass? If it did file your judgment in the court of common please in your county. The execute on the judgment. Serve everything by regular mail and certified.
Did the appeal period pass? If it did file your judgment in the court of common please in your county. The execute on the judgment. Serve everything by regular mail and certified.
Q: To review a lease-to-purchase agreement given by homeowner's lawyer
1 Answer
| Asked
in
Real Estate Law and Landlord - Tenant
for
Pennsylvania
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Elizabeth Tarasi's answer
I can review your lease to purchase, my hourly rate is $250 an hour. Please email me the document my email is emt@tarasilaw.com my office phone number is 412-391-7135
I can review your lease to purchase, my hourly rate is $250 an hour. Please email me the document my email is emt@tarasilaw.com my office phone number is 412-391-7135
Q: My landlord is threatening to terminate my lease which is month to month at this point since i've been here nine years.
Peter N. Munsing's answer
If you are on month to month he can terminate with a month's written notice, and doesn't need a reason.
He can't insist on waiting time.
If you have a PUC issue you need to get the PUC's public ombudsman involved in the bill you contest and the shutoff.
You may be eligible for legal aid in your county. Call them.1
If you are on month to month he can terminate with a month's written notice, and doesn't need a reason.
He can't insist on waiting time.
If you have a PUC issue you need to get the PUC's public ombudsman involved in the bill you contest and the shutoff.
You may be eligible for legal aid in your county. Call them.1
Q: Rent increased by $100. Landlord says if we don't want to pay that we have to be out in 2 weeks. Is this legal?
Peter N. Munsing's answer
If you pay rent every two weeks possibly. If you pay rent once a month you a)are good until the end of that month b) need 30 days written notice.
Suggest you speak with someone from legal aid if you can't afford a lawyer.
If you pay rent every two weeks possibly. If you pay rent once a month you a)are good until the end of that month b) need 30 days written notice.
Suggest you speak with someone from legal aid if you can't afford a lawyer.
Q: Can you appeal a descion from landlord to get rid of dog?
1 Answer
| Asked
in
Animal / Dog Law, Appeals / Appellate Law and Landlord - Tenant
for
Pennsylvania
on
Answered on Jul 18, 2018
Answered on Jul 18, 2018
Peter N. Munsing's answer
Check your lease. You haven't said what breed of dog he is. If he is strong enough to pull a stake out of the ground then chances are no court will side with you.
Second, he knocked someone down. That's aggression. You may think it's cute. The fact you wrote the above says no one else did.
Not trying to down you but you have to get a bit more perspective--a dog is not presumed innocent, especially one that is of sufficient size and strength to knock someone down. You leave...
Check your lease. You haven't said what breed of dog he is. If he is strong enough to pull a stake out of the ground then chances are no court will side with you.
Second, he knocked someone down. That's aggression. You may think it's cute. The fact you wrote the above says no one else did.
Not trying to down you but you have to get a bit more perspective--a dog is not presumed innocent, especially one that is of sufficient size and strength to knock someone down. You leave...
Q: I am about 2 months late on my rent, my lease is up July 1st, but says it renews automatically do I have to leave NOW?
Elizabeth Tarasi's answer
I will take time for the eviction proceedings - so the answer is - he can’t evict you “immediately”
I will take time for the eviction proceedings - so the answer is - he can’t evict you “immediately”
Q: How much notice to evict an inherited tenant that refused to sign a lease, smokes pot, and props open security doors.
Peter N. Munsing's answer
He's converted to an at will tenant I believe. Notice period would be the period of the rent--if it's two weeks than 2 weeks notice, to be on the safe side make it 30 days.
See if he'll agree to leave. If he does--or doesn't--put something that is very factual, in writing so later there's less of a dispute over what was agreed or not.
However he should understand that you are the new landlord, and having not signed an areement you can get him out for no reason at all.
He's converted to an at will tenant I believe. Notice period would be the period of the rent--if it's two weeks than 2 weeks notice, to be on the safe side make it 30 days.
See if he'll agree to leave. If he does--or doesn't--put something that is very factual, in writing so later there's less of a dispute over what was agreed or not.
However he should understand that you are the new landlord, and having not signed an areement you can get him out for no reason at all.
Q: My landlord doesn't have license to rent and I've been charged rent for a bit over a year.
Peter N. Munsing's answer
Unlikely that you'd get the money back as you lived there. Suggest you contact Legal Services for your county; ask for the landlord tenant unit.
Unlikely that you'd get the money back as you lived there. Suggest you contact Legal Services for your county; ask for the landlord tenant unit.
Q: How long does defendant have to file an appeal if new evidence is avaiable to present that wasn't available at hearing.
2 Answers
| Asked
in
Criminal Law, Civil Rights and Landlord - Tenant
for
Pennsylvania
on
Answered on May 1, 2018
Answered on May 1, 2018
Cary B. Hall's answer
Normally, for cases in a Court of Common Pleas, you've got 10 days to file a post-sentence motion after the date of sentencing -- and that could include a request for a new trial. If that post-sentence motion is denied, you've got 30 days from the date of denial to file an appeal to the Superior Court. If you choose not to file a post-sentence motion at all, you've got 30 days after your sentencing date to file a direct appeal to the Superior Court.
If you've got new evidence,...
Normally, for cases in a Court of Common Pleas, you've got 10 days to file a post-sentence motion after the date of sentencing -- and that could include a request for a new trial. If that post-sentence motion is denied, you've got 30 days from the date of denial to file an appeal to the Superior Court. If you choose not to file a post-sentence motion at all, you've got 30 days after your sentencing date to file a direct appeal to the Superior Court.
If you've got new evidence,...
Q: I'm on a month to month lease. My landlord is kicking us out without a reason. Is he able to do this?
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Landlord - Tenant
for
Pennsylvania
on
Answered on Apr 13, 2018
Answered on Apr 13, 2018
Ronald J. Eisenberg's answer
I do not know the substantive law in your state, by in my state and most places, a month-to-month lease means that the tenant can give sufficient notice and terminate the tenancy and the landlord can do the same. If a tenant wants to prevent a landlord from terminating, then she should sign a lease for a specified term. Best wishes during what must be tough times for you.
I do not know the substantive law in your state, by in my state and most places, a month-to-month lease means that the tenant can give sufficient notice and terminate the tenancy and the landlord can do the same. If a tenant wants to prevent a landlord from terminating, then she should sign a lease for a specified term. Best wishes during what must be tough times for you.
Q: I would like to know what my rights are to have a family member out of my home
Peter N. Munsing's answer
If it's your house and he's an adult I suggest you can change the locks but rather than do anything drastic, suggest you talk to a counselor about how to do it and what to say and how to say it. It's your house, you control who lives there. (you wouldn't want him paying rent because then he'd have a right to be there).
Your property, you don't need to justify. If he's an adult he needs to be treated like one.
If it's your house and he's an adult I suggest you can change the locks but rather than do anything drastic, suggest you talk to a counselor about how to do it and what to say and how to say it. It's your house, you control who lives there. (you wouldn't want him paying rent because then he'd have a right to be there).
Your property, you don't need to justify. If he's an adult he needs to be treated like one.
Q: Can I negotiate a judgement that has been placed against me by a landlord
Peter N. Munsing's answer
The time to contest the issue was when you were sued. Apparently you were, and it sounds like you didn't show up and got a judgment against you. If you didn't know about the case, you need to go to the courthouse or DJ office, look at the filings to see how they claim they served you, then file a motion to reopen the default. You may be eligible for legal aid.
The time to contest the issue was when you were sued. Apparently you were, and it sounds like you didn't show up and got a judgment against you. If you didn't know about the case, you need to go to the courthouse or DJ office, look at the filings to see how they claim they served you, then file a motion to reopen the default. You may be eligible for legal aid.
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