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Pennsylvania Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Can the landlord change the way you pay rent?

In the lease I signed it says "rent is payable to" an office in my building, mid way through the lease, via email the day before rent is due, the property manager says the rent check must be sent by mail to the property management building and if it's one day late a $100 will be charged.

Peter N. Munsing
Peter N. Munsing
answered on Sep 1, 2017

They can only change non-material lease provisions with notice--email day before isn't notice. Pay by check. Mark each check in the memo section "______ rent" (fill in month).

3 Answers | Asked in Products Liability and Landlord - Tenant for Pennsylvania on
Q: I was trapped in an elevator for three hours, the emergency phone number was not answered, and the alarm did not work

Is there a case here for any damages?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 31, 2017

Not unless you can show that this terrible inconvenience has some measure of damage that you can prove.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: I rent. Can I evict my son's girlfriend who's been staying here 3 years, paying very little. It's a tenuous situation.

She has payed me very little rent as a courtesy and lives in his bedroom, they are both 25. I would give her 60 days (to move back with her family).

Mark Scoblionko
Mark Scoblionko
answered on Aug 21, 2017

Whoever is named on the lease can control who lives in the rented space.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Social Security for Pennsylvania on
Q: I want to buy a home and rent out part of it, how do I do this lawfully and abide by rules for SSD?

I am interested in being a landlord, or rather buying a home a renting part of it. I also collect social security disability plus work part time. I am only allowed to earn a certain income in total, and with my job I am almost there; but I was told that I could earn passive income at any amount,... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

Ask them for the brochure and rules. There should be examples that would guide you. Generally, you don't want to be "hands on." You do the repairs, then you are "active." it may be best to hire an agent who handles those aspects--eats in to the possible income but gets you... View More

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: My landlord is saying that I have a facebook and is writing rude things about her but i don't have a facebook what to do
Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

Ask her to show you the page. Maybe it's someone with a similar name?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: If lessor does not give notice to terminate at end of lease date, can lease be terminated afterwards? (Commercial)

Notice was not provided in time to terminate the lease for a commercial tenant (~1 month ago).

Peter N. Munsing
Peter N. Munsing
answered on Jun 19, 2017

It then converts to a term lease. Look at your lease. It will say what happens. If you want to stay you need to negotatiate. I advise getting legal consultation.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: We owe landlord 2 months rent. If the landlord never signed the lease, his father forged his name, can we fight eviction

I was laid off for 3 months from my Union, and we fell behind on all our bills. The landlord is also spreading rumors about us, using the police to harass us by calling them with false claims, saying that we're drug addicts and having officers sent to our house because "he was afraid we... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 19, 2017

If he gives you a 30 day notice to quit he can use the DJ to get you out. You want to stay and fight, stay and fight. Your ready to leave you look at a negotiated withdrawal. Contact Legal Services/Legal Aid in your area.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: I am renting a home that the homeowner is in prison for the rest of his life. He assigned a poa who wrote up lease.

He assigned new poa who is trying to evict me is that legal?

Dawn Padanyi
Dawn Padanyi
answered on Jun 13, 2017

You need to contact a local landlord tenant attorney to review your lease and the power of attorney. If you are in violation of the lease or the lease terms allow for an eviction under your circumstances then it may be possible. The details within your lease are key.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Noise complaints against me.

I am a 66 year old woman living in 3rd floor apartment. My downstairs neighbor keeps complaining I make loud "banging and thumping" noises all the time. I don't think mgmt agrees with her. What can I do? I have put down some mats as the floor boards do squeak, but now I am "tip... View More

Dawn Padanyi
Dawn Padanyi
answered on Jun 13, 2017

You don't have to disprove anything. It is up to the individual complaining to prove. Perhaps you can arrange a meeting with your landlord to assist you both in finding a compromised middle ground. I'm not sure what that would be, perhaps not wearing shoes inside. It may seem... View More

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Can landlord make me get rid of my cats?

I live in an apartment building for almost 3 years. I have two cats which are on the lease. My upstairs neighbor is an alcoholic and has 3 police reports on him, including 2 for running around the building in his underwear knocking on people's doors late at night. He complains about my cats... View More

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

If they are on the lease, no, unless the lease provision says they have to be quiet.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: We are moving out and my landlord won't let us sublet because she's now selling. Is this allowed?

Our lease says that subletting must be approved by the landlord, but approval cannot be unreasonably withheld. Would her not allowing us to sublet because she's going to sell be unreasonable? Specifically, she is stating that we can't explore the option of subletting.

Mark Scoblionko
Mark Scoblionko
answered on May 22, 2017

Unfortunately, there is no quick or inexpensive answer.

Whether or not the landlord's position is reasonable would, in large part, depend upon how the landlord and her buyer feel about the character and credit-standing of your potential tenant, assuming one has been identified....
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2 Answers | Asked in Estate Planning, Probate and Landlord - Tenant for Pennsylvania on
Q: FIL passed-no will.He let gf live rent-free in house.She also has a car in his name.Can we evict&sell car?he left debt.

my FIL's gf blew through his cashed out life insurance policy, life savings,etc and left nothing to cover funeral costs. He also left thousands in debt to his bank, office landlord, clients and employees. Concerned it will ruin us financially.

Kenneth V Zichi
Kenneth V Zichi
answered on May 21, 2017

Maybe. How was the house titled? What is the difference between the debts owed and the value of the assets? If he owes more than he owned, let the creditors fight over the assets and evict the girlfriend. If there are more assets than debts and you stand to gain financially, you need to decide if... View More

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1 Answer | Asked in Business Law and Landlord - Tenant for Pennsylvania on
Q: i am in pike county pa the town is sholoa the question what is the time limitation on filing to get seurity depoist back

from landlord it was back in 2015 july i got sick with cancer

Kathleen M Hyneman
Kathleen M Hyneman
answered on May 15, 2017

It is difficult to give you a completely accurate answer without reading the lease, but I think you should send a letter to your old landlord, certified mail, return receipt requested. Most leases will provide that the landlord has to return the security deposit within a certain number of days, or... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Pennsylvania on
Q: Can I file my own personal injury claim with my apartment's insurance company without a lawyer?

I was going to church on Sunday, January 22, 2017 when I fell on the steps of my apartment building. I was wearing high heels and stepped on a rock that was on the first step. I fell and broke my right ankle and my left wrist as well as hit my head. I had surgery on both my wrist and ankle and was... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 29, 2017

You can but it would be unwise as you'd end up talking to them, your case has certain issues, and you have severe injuries.You need to talk to a member of the Pennsylvania Assn for Justice--we all give free consults, and cases are taken on a contingent basis so you don't have to pay up... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for Pennsylvania on
Q: Is my landlord liable for any injuries from him not shovelling our steps after snowfall?

I was walking down the steps and slipped on the ice. I ended up banging my head (and now I have a constant headache) and also cracking my phone's screen. I also have cuts and bruises on my legs. Also, in the lease, it states he's to do snow removal.

Peter N. Munsing
Peter N. Munsing
answered on Mar 16, 2017

He would be liable and you should contact a member of the Pennsylvania Assn for Justice. We give free consults. Understand that the landlord has a duty to clear both by contract and at law, but it's not instant--was the snow hours before the fall or the day before? Get a free consult from a... View More

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: What is more valid eviction by next week or unfit living conditions by inspector be out by end of month I got both

Please answer fast

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 13, 2017

Assuming that your landlord has gone to court and obtained a valid eviction order after filing and going before a judge, they're both valid. Follow the eviction order and be out by next week.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Being sued for rent and unjust detention. Can I file a false claim or just go to the hearing & prove I wasn't a resid

Signed lease with Husband for property Oct 1 2013, husband and I separated Jan 28, 2014. Daughter and Husband signed a new lease with landlord March 2014 without my name included. She included me in the suit for unpaid rent and unjust detention of the real property when she knew I was not a... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 15, 2017

Not at this time. I'd go to the hearing, show there was a new agreement you were off, so no obligation to pay.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: If a horse boarder invests a large amount of money into building tack lockers in a barn, do they have to be left by law?

The tack lockers were built, and fastened into the wall at a boarding facility with the verbal agreement that the owner of the property would pay for materials. Of course now he claims he never said that. He claims that if they try to take them down when leaving that they are now part of the... View More

Ben F Meek III
Ben F Meek III
answered on Feb 15, 2017

Get a lawyer. Ask him about filing a mechanic & materialmen's lien on the property. Take all your receipts for materials. You should also file suit for breach of contract and fraud around the same time. Good luck.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: My mother and I are on a deed as Joint tenants with survivorship.Can a will override the deed if I am the survivor?

She does not reside here and we had a falling out and she is making all sorts of threats that she's gonna take me off the deed and charge me rent, etc. I would just like to know what my rights/options are regarding this matter. Thank you.

Mark Scoblionko
Mark Scoblionko
answered on Feb 13, 2017

A Will cannot override a deed. However, either joint owner can file an action for partition to separate the ownership of the property. The effect of that would be to convert the property from a joint tenancy to a tenancy in common. At that point a court could order a sale.

Further, she...
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1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: In Pennsylvania is a roommate or landlord legally obligated to your safety in the apartment?

My roommate is constantly setting the thermostat down to 60 when my other roommates and I leave our apartment and go to bed. I have asthma and this often disrupts my breathing and my girlfriend is prone to pneumonia. Is there any way I can force him to keep the temperature up? I'm also scared... View More

Brian Lehman
Brian Lehman
answered on Feb 12, 2017

60 is often the minimum that is allowed at night. For example, the City of Harrisburg has enacted a Housing Code which establishes minimum standards for every building used as a residence, which states landlords must "Provide heat between October 1st and May 15th at a minimum of 65° between... View More

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