ENCORE POST: Landlord-Tenant: Its a New Ball Game when the Case is Appealed to Arbitration.
TO CELEBRATE OUR NEW LOOK, PITTSBURGH LEGAL BACK TALK IS REPRISING A FEW OF THE BEST POSTS FROM THE PAST 18 MONTHS. THIS POST SUMMARIZED WHAT A LANDLORD OR TENANT MIGHT WANT TO KNOW ABOUT STAGE TWO OF A LANDLORD-TENANT LAWSUIT IN PENNSYLVANIA.
Landlord-Tenant: Tenant is Entitled to At Least 90 Days Notice After Foreclosure.
Under the Protecting Tenants at Foreclosure Act, the new owner after foreclosure can no longer summarily evict residential tenants. If the owner intends to occupy the structure as a residence, he must give 90 days notice to vacate. However, if the owner does not intend to occupy the premises, the tenant must be given the opportunity to complete the term under the lease.
Prepaid Legal Service’s Top 5 Request Categories.
Posted by Cliff Tuttle © 2010
A large prepaid legal service provider, Prepaid Legal Services, Inc., published its list of the top 5 categories of requests for its services last year. They are:
Real Estate, Landlord/Tenant Issues and Foreclosure – Approximately 358,000 requests for legal services that include residential and commercial real estate transactions, landlord and tenant issues [...]
AVVO Answers
Posted by Cliff Tuttle (c) 2010
Here is a link to all of my AVVO Answers on the AVVO lawyer rating website.
Landlord & Tenant: Appealing from the Magisterial District Judge’s Decision; Welcome to Arbitration, a New Game with New Rules!
However, if the landlord wishes to terminate the lease for non-economic reasons, the lease must have a provision that permits such a termination and it must be plead in the complaint. For example, if the rent is being paid by Section 8, there will probably be no arrearage and thus no grounds for early termination unless another lease provision has been violated. Section 8 tenants are often eligible for free representation by Legal Services. These lawyers know their stuff and will make short work of a poorly plead, poorly proven case involving termination on non-economic grounds. Moreover, the landlord is required by statute to give proper notice to Section 8 of the lease violation and failure to do so could put the landlord back at square one, forced to start over.
Landlord & Tenant: Foreclosure Update
Posted by Cliff Tuttle, (c) 2009
Under Public Law 111-022, signed by the President on May 20, 2009: In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential property, it is reported that the tenant is entitled to remain for 90 days if there is no written lease or [...]
Landlord & Tenant: Suing for the Security Deposit.
How do you know you will win if you claim the money withheld in court? You don’t.
Landlord & Tenant: AVVO Answer on Terminating the Lease Due to Mice.
In a large apartment building, you can be extremely careful and never get rid of vermin. The feeding ground may be somewhere in the building out of your control. Don’t let the landlord blame you the tenant if you know you are not creating the problem. Still, if you wish to terminate the lease, be prepared to fight about it in court if the landlord sues you for back rent. This may involve more than a trip to the Magistrate. The loser has the right to appeal to arbitration and even to court. Whether you wish to undertake this risk may depend upon whether the lease states that you must pay the landlord’s attorney’s fees if you lose.
Landlord & Tenant: City Rental Registration Program Put on Hold Until September.
challenging the Ordinance that created the Program and seeking to enjoin its enforcement.
After some testimony had been taken, the Plaintiffs in these suits obtained a consent order for the purpose of giving the parties time to work out a settlement with the City. Under the consent order, signed by Judge Joseph James on March 19, enforcement is suspended until September or further order of court.
Q: How can a Property be Disruptive? A: When the Dog Gets Loose.
What are the unintended consequences of this disruptive properties ordinance? Properties that can’t be sold? Streets full of boarded up properties? Purchasers of rental properties avoiding the City? Tenants avoiding the City? All of these bad outcomes seem likely. All of these bad outcomes would be more disruptive than the problem the ordinance is trying to solve.
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