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Pennsylvania Landlord - Tenant Questions & Answers
3 Answers | Asked in Civil Litigation, Estate Planning, Landlord - Tenant and Probate for Pennsylvania on
Q: Can an executor of a will evict family members from a house? Need to sell.

The owners have passed away, family members refuse to leave but have not paid bills, I had to pay in order to keep utilities on. The house has been left to me and I am also the executor of the will. I need to sell the property, in order to sell it they need to move out so I can clean and get... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 2, 2023

I see no impediment to the Estate's immediate right to possess the real property, and you are, as Executor, the voice of the Estate.

So yes, especially given that you are the heir to the home property, your request for eviction, for at least the given reasons, should be honored.

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1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Landlord - Tenant for Pennsylvania on
Q: Ombias pretrial motion what does it mean and if my legal represent For me did not tell me about this what does that mean
Lauren A Wimmer
Lauren A Wimmer
answered on Mar 22, 2023

In a criminal case, an omnibus pretrial motion is a generic motion that must be filed within a certain time period following formal arraignment to preserve your right to file motions down the road as your case progresses. These motions are typically boilerplate and contain multiple requests for... View 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... View More

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... View 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 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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1 Answer | Asked in Contracts and Landlord - Tenant for Pennsylvania on
Q: My landlord has thrown out my belongings while I've been away from my apartment. What can I do to get them to respond?

I moved out of the apartment before the end of the lease. I am still required to pay the remaining of the rent for the lease's duration. While I moved the majority of my possessions out, I left behind several pieces of furniture for use by a future potential subletter. I have since learned... View More

Dragan Ivetic
Dragan Ivetic
answered on Feb 10, 2023

Alot depends on the terms of the lease agreement. Lease agreements typically will spell out remedies for a landlord if a tenant terminates tenancy before the lease term. Likewise they will have information about the rent for the term. You may very well be on the hook for the remainder of the... View More

1 Answer | Asked in Real Estate Law, Business Formation and Landlord - Tenant for Pennsylvania on
Q: LLC formed in NJ owns rented condo. LLC address was my home address which i sold and moved to PA.

i am trying to figure out what to do with the LLC. i need to changed the LLC's address as it was my sold home in NJ. do i need to file as a foreign PA LLC, create a new LLC in PA? do i need to close the NJ LLC? i am trying understand the best way to 'move' my LLC to PA. what... View More

Michael Cherewka
Michael Cherewka
answered on Dec 27, 2022

Do not have all the facts here, but it looks like you have several options. The easiest would be to get a Registered Office or Registered Agent in NJ for your LLC. The property is located in NJ, and you have a NJ LLC so that lines up fine. Just because you (as the Member or Owner) moved to PA... View 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... View 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,... View 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... View 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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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... View 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... View 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... View 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... View More

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1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: My old landlord sold the building. The new landlord states that my lease is not valid.

The new landlord states that my lease is not valid because my old landlord renewed my lease after they came into an agreement. Now he has raised my rent an extra $250 a month starting November 1st. I live in Pennsylvania - can he do that? My rental agreement was year to year and wasn't to be... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

A lot depends on dates. What they are saying may hold if they gave you notice. If they didn't, then you may be able to claim under the old lease. Alternately, you could have a claim against the old landlord as he created an agreement when he lacked the power to perform under the agreement.... View More

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: My old landlord won't let me get my stuff out of the apartment. We weren't evicted. Just moved and wasn't late on rent.

I have contacted him 3 times this past week trying to get the rest of my stuff and he keeps telling me I can't come out to get it. I have several text messages with him arguing with me. I don't want a fight; just want my stuff.

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

Why not contact the local police. He can't hold your items hostage.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Can my landlord evict me for not paying in full my water bill which is on a payment plan and is current?

I'm on the tiered assistance program (TAP) with the Philadelphia water department. I've got a set bill but a past balance that's put on hold while I'm on it. They forgive an amount after your pay 15 times. My landlords legal dept just sent me an email saying if I don't pay... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

Check your lease. Write them back and ask for the legal basis as you are not in default with the water department.

Check with community Legal Services Landlord Tennant branch.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: What is the difference between non-renewal of lease letter, and a notice to quit?

Landlord gave me non renewal of lease letter dated for 9/30. Said she want to sell this house. I do not owe any rent, nor violated the lease in any way, but I am only income to my family of 2 adults, and 3 children ages 16,11, and 3. I was handed this letter on 9/10. What are my options, if any? Is... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 29, 2021

They have to give you a 30 day notice to quit. I suggest you contact legal aid.Ask for their landlord tennant group.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: My landlord doesn't want to renew my lease. She just gave me the letter and wants me out in 4 days. Is this legal?
Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

The Landlord has to give you notice equivalent to the term of the rental. If it's weekly, a weeks notice. If monthly, a month's notice.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: 37 years ago I gave my landlord a security deposit if $250. He just sent me a check for that amount

Minus $100 for things he had hauled out, so $150.00. Shouldn't there have been some interest in 37 years or can he just make a note that's what it was and spend it or whatever? 37 years!!!!

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

He is required to have it in an interest bearing account.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Moved out from apt in April-still waiting for security deposit that was made 37 years ago

Plus, shouldn't there be interest accrued in 37 years?

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

You should send a written request, certified return receipt requested.

If you don't get it you have both an administrative and a court remedy.

Best of luck!

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: I rent a apartment inside my landlords home. It is a private 2nd floor full 2 bedroom apartment with a private entrance

Several times I have found her at the top of the steps outside my door listening to conversations when I have company. She has also brought up many things that she should not know about but has learned from eavesdropping. I live in PA. What can I do?

Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2021

Not much other than to say she has to understand that for you to feel comfortable staying there she has to not be listening in. At the same time, don't have conversations of any private nature in the room where the door to the hallway is, or drape an elegant curtain over that door with an... View More

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