Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

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.

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 [...]

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: 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: When Your Landlord Faces Foreclosure . . .

You may discover, by the way, that the lender is quite happy to collect the rent and is in no hurry to foreclose. This situation has been turning up lately, since the real estate market is terrible and any lender would just as soon not own another rental property, at least not just yet. Some will give the borrower some time to find a buyer and (Glory Halelluia!) pay off the loan.

Landlord-Tenant: Double Damages? Peanuts! Give me Triple!

The Consumer Protection Law contains a series of specific factual circumstances when the statute may be applied, including through recent amendment, a “catch-all” provision: “engaging in any other fraudulent or deceptive conduct which creates a liklihood of confusion or of misunderstanding” (Sec. 201-2(4)(xxi). This provision, while expanding the scope of UTPCPL, is held by the Pennsylvania Supreme Court to require strict proof of all of the elements of common law fraud. This in turn, creates a substantial burden of proof on the Plaintiff and has lead to the demise of numerous Consumer Protection Law cases based on the catch-all provision where one or more of the elements of common law fraud could not be proven.

LANDLORD-TENANT MONTH: SEE HOW YOU SCORE IN THIS QUIZ ON PENNSYLVANIA LANDLORD AND TENANT LAW

September is hereby declared to be Landlord-Tenant Month on Pittsburgh Legal Back Talk. Check your knowledge of basic LL/TT law in this little True and False Quiz. Then, watch this blog every day for articles about the topics covered by this Quiz and more. Make a record of your answers to these ten questions before checking the Official Answers.

Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 36 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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