Pittsburgh Legal Back Talk

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

1410 Posts and Counting

TENANT: Make Sure You Know What You Are Getting Before Signing Lease.

No. 1,344 I get variations on this question, which I answered below in AVVO, all of the time.  Although under the law of contracts, the landlord did not provide what was bargained for, as a practical matter, the tenant has no remedy.  

Seminar Presentation: Implied Covenant of Quiet Enjoyment in Pennsylvania

No. 1,313 The following is a seminar presentation I gave for the Continuing Legal Education program sponsored by the Community College of Allegheny County on April 10, 2017. IMPLIED COVENANT OF QUIET ENJOYMENT IN PENNSYLVANIA Rise of the Implied Warranty of Habitability Everybody knows about the Warranty of Habitability.  The landmark case in the Supreme […]

Commonwealth Court Explains How to Avoid Realty Transfer Tax When Drafting a Renewal Clause in a Long-term Commercial Lease.

No. 1,296 SATURDAY FAMILY LP v. COMMONWEALTH; TECHSPEC INC. v COMMONWEALTH, Nos. 781 F.R. 2013, 782 F.R. 2013 SUMMARY:  To avoid real estate transfer tax on a long-term lease, it is necessary to make the initial term less than 30 years and to price any renewals at fair market value at the time of the […]

Landlord-Tenant: Domestic Violence Exception to 10-day Appeal Limit in Eviction Cases.

No. 1,293 STEPHANO BROS. REAL ESTATE INVESTMENT ASSOCIATES v. DEBORAH WILLIAMS, NOS. 2571 EDA 2015, 2629 EDA 2015. Superior Court, filed November 2, 2016 In this non-precedential decision, the Superior Court construes a little-known provision in the Landlord and Tenant Act regarding appeal of a landlord-tenant case involving recovery of possession of the leased premises […]

Christmas Card for Tenants

No. 1291  

Trend: Increased Free or Low Cost Legal Counsel for Tenants

No. 1,285 The New York Law Journal reports that New York City is likely to establish a program to provide free legal counsel to low income tenants. This trend is also evident for some time in Allegheny County, where the Bar Association Pro Bono organization has sponsored its Landlord-Tenant Project for several years. In addition, […]

One Excellent Reason Why a Landlord Should Not Engage in Self Help.

No. 1,284 I answered a question on AVVO yesterday asked by a landlord who was planning to engage in self-help, that is, locking out a tenant without filing suit under the Landlord and Tenant Act. Of course, if you lock the tenant out, you lock his property in.  Since you have to do something with […]

Five Reasons To Send Departing Tenant the Abandoned Property Notice.

No. 1,280 Here are 5 reasons you should mail every tenant the notice provided in 68 P.S. Section 250.505, the Landlord and Tenant Act.  Although it is not mandatory to do so, and many or most landlords do not, following the procedures outlined in the act could prevent costly trouble. The following does not apply […]

LANDLORD AND TENANT: Form of Notice Regarding Personal Property Left Behind.

NO. 1,279 Its been four years since the Pennsylvania legislature  enacted an amendment to the Landlord and Tenant Act regarding disposal of abandoned property. Most tenants leave something behind, including trash. Often the tenant intends to return to pick up certain property and does not communicate this clearly (or at all) to the landlord.  Thus, […]

Is a Landlord Required to Provide a Smoke Alarm Under Doctrine of Implied Warranty of Habitability?

No. 1,264 ECHEVERRIA v. HOLLEY, 2016 PA Super. 119 (filed June 9, 2016). Summary:  Failure of Landlord to provide a working fire detector may support either a contract claim under doctrine of warranty of habitability or a tort claim though negligence. A fire at a two-unit residential property claim the lives of three individuals. In […]

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 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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