Free Pennsylvania Landlord/Tenant FAQs | Free Pennsylvania Landlord/Tenant Legal Documents

Can A Landlord Garnish A Tenant's Wages?

Tue, 29 May 2007 21:19:00 GMT

Yes (in limited circumstances). A landlord may garnish the wages of a tenant if the tenant does damage to the leasehold property, and the landlord successfully sues for the recovery of those damages. This provision sees little enforcement because there are presently no Civil Procedure Rules at the State level for enforcement. Certain counties, such as Northampton County have made local rules regarding garnishment.

Can A Landlord Keep A Security Deposit?

Tue, 29 May 2007 21:19:00 GMT

It depends upon the tenant`s actions and the terms of the written lease (if any). If the lease does not forbid a landlord to keep a security deposit for unpaid rent, the landlord may withhold the security deposit for any unpaid rent. If the tenant does damage to a property, then the landlord may deduct the itemized damages from the security.

Can A Landlord Lock A Tenant Out Of An Apartment Without Taking Them To Court?

Tue, 29 May 2007 21:19:00 GMT

No. Selfhelp eviction is illegal in Pennsylvania and can give rise to an Unfair Trade Practices cause of action against the landlord as well as a cause of action for unlawful eviction and replevin (return of property illegally seized). Landlords must follow the procedures set forth in Pennsylvania statutes and the Rules of Court with regards to evictions.

Can A Landlord Recover Attorney Fees From A Bad Tenant?

Tue, 29 May 2007 21:19:00 GMT

Yes. If the lease provides for attorney fees for a landlord upon the tenant`s breach of the lease, the landlord may recover attorney fees. Attorney fee provisions must be carefully drafted in favor of the landlord to insure the landlord`s rights, otherwise a tenant may challenge the attorney fee provision.

Can A Tenant Appeal An Eviction Action And Stay In The Premises?

Tue, 29 May 2007 21:19:00 GMT

Yes. As a matter of law in Pennsylvania, all District Justice judgments are appealable as a matter of right, regardless of a legal reason for appeal. A tenant who wishes to stay must pay either 3 months rent or the actual rent in arrears to the Court in order for an appeal to act as a supersedeas (a stay on the possession part of judgment). Such an appeal must be brought within 10 days of judgment. A tenant may appeal the money portion of the judgment for up to 30 days from the date of judgment.

Can A Tenant Sue A Landlord For Withholding The Security Deposit?

Tue, 29 May 2007 21:19:00 GMT

Pennsylvania law allows tenant to sue a landlord for two times the actual security deposit held if the landlord does not provide an itemized list of damages and charges showing the amount of security withheld, together with payment for the balance (if any) within thirty days after moveout. This double damage statute does not apply if the tenant has not first given the landlord a written change of address, upon moveout.

Do I Need An Attorney?

Tue, 29 May 2007 21:19:00 GMT

Although some landlords and tenants negotiate the lease terms on their own, many parties want an attorney to represent them in negotiating and preparing a lease. Similarly, both parties generally wish to have legal representation if litigation is inevitable.

Does A Sublessor Have Any Rights Against The Landlord?

Mon, 04 Jun 2007 21:51:22 GMT

As a general rule, if the sublessor and the landlord both signed the sublease, the sublease constitutes a valid contract. In that case, any rights which the sublessor is granted under the sublease are generally held up in a court of law. Hence, to determine a sublessor`s rights, you must refer to the written sublease itself.

How Can The Landlord/Tenant Relationship End?

Tue, 29 May 2007 21:19:00 GMT

Most leases provide that either the landlord or tenant can end the landlord/tenant relationship by giving the other party written notice that the lease will not be renewed. The lease normally sets forth how many days notice must be given before the lease ends in order to be effective. The relationship can end before the end of the lease term if both parties to the lease agree to terminate the relationship, if outside events such as a fire destroy the leased premises, or if one or both of the parties breaches the terms and conditions of the lease. The rights and remedies of either party in these situations is dependent on the nature and cause of the termination and the provisions of the lease.

How Is My Attorney Paid?

Tue, 29 May 2007 21:19:00 GMT

Your lawyer will probably want to be paid an hourly fee plus costs for preparation of documents and/or negotiating on your behalf. Some attorneys may agree to a fixed or flat fee for court appearances on your behalf. Depending on the circumstances of your case, you and your lawyer may agree on a different arrangement. You should, however, discuss with your lawyer what his or her fee will be for representing you at the very beginning of your case and you should insist that your lawyer set forth in writing the fee arrangements before any work is performed on your case.

How Long Does An Eviction Take?

Mon, 09 Jun 2008 19:34:21 GMT

Depending on whether the landlord must given the tenant written Notice to Quit, or not, the eviction could take as follows; 10+ days for the Notice to Quit, approximately additional 14 days after filing for the District Justice (magistrate) to schedule and eviction hearing and make service on the tenant, 11 days for the tenant to move out upon losing in Magisterial District Court before a landlord can request the Order for Possession, 11 days after service of the Order for Possession on the tenant before the tenant is forcibly evicted by the constable. So it may take about 44+ days for eviction to take place (plus or minus). Costs (filing and constable service fees) for the Landlord are usually in the $100.00 $220.00 range (not including attorney fees).

How Much Does Attorney Representation Cost At The District Justice Level?

Tue, 29 May 2007 21:19:00 GMT

Many attorneys will offer flat fees for the Magisterial District Court level, ranging from a few hundred dollars to about a thousand dollars, depending on the complexity of the case.

Must A Landlord Give Written Notice To Quit To A Tenant Before Suing For Eviction?

Tue, 29 May 2007 21:19:00 GMT

Not necessarily. If the lease contains a Notice to Quit provision, the lease may specify that no notice is required before the landlord take the tenant to the District Justice (magistrate), or may set the notice at any length of time. If there is not a notice provision in the lease, then the landlord must give 10 days written notice to the tenant before proceeding with eviction. Service must be made by handing a copy to an adult occupant, or posting the notice on the door.

What Are My Rights As A Residential Tenant?

Tue, 29 May 2007 21:19:00 GMT

First and foremost in many states, the residential tenant is protected by the implied warranty of habitability. Habitability means that the leased premises must meet those minimum standards to make it safe for the tenant to live there. For example, a dwelling must have heat in the winter, drinkable water, sanitary and safe conditions and so on. This warranty exists no matter what the lease says. If the warranty is breached, the tenant may be able to withhold the rent until the conditions or problems are remedied. In extreme or prolonged situations, the tenant is able to terminate the lease agreement. Defects and unappealing cosmetic problems which do not effect the habitability of the premises, such as squeaky door or floors, poor paint or old carpeting, are not covered by the warranty of habitability. However, the tenant may be able to force the landlord to correct these conditions if the repair or replacement of such defects were negotiated terms in the lease.

Residential tenants in many states are also entitled to the benefit of the covenant of quiet enjoyment. This is the right of the tenant to fully use and enjoy the premises within the terms and conditions of the lease, without interference or disturbance from the landlord or anyone acting on her/his behalf. This does not mean, however, that the landlord is necessarily responsible for the acts of others that the landlord cannot control.

What Are The Landlord's Duties?

Tue, 29 May 2007 21:19:00 GMT

In addition to any obligations imposed upon the landlord in the lease, the landlord assumes the obligation of keeping the structural and mechanical elements of the premises in good repair, particularly the common areas. The exception to this obligation is when the tenant is in possession and control of the entire property.

The landlord may not restrict the right of the tenant to invite people into the premises for business, family or personal reasons. However, the landlord may add reasonable rules and regulations regarding the tenant`s use of the premises to the lease. Further, the tenant may be responsible to the landlord if a guest of the tenant damages the landlord`s property.

The landlord may not restrict the right of tenants to organize a Tenant`s Association. Further, a landlord may not engage in any retaliatory conduct against his tenant for participating in a tenant`s association.

What Is A Lease?

Tue, 29 May 2007 21:19:00 GMT

A lease is an agreement between the landlord and the tenant which sets forth the particulars of the tenant`s use of the property. The lease defines the duration of the tenant`s possession, the rent to be paid, responsibilities for taxes, utilities, maintenance and the like, limitations on the types of use for the property, legal rights and remedies available to both parties in the relationship and so forth. In essence, the lease is the agreement which forms the basis of the relationship between the landlord and the tenant. This is seen as a contract between the parties. Federal, state and local laws control other aspects of the relationship, and may impose other duties on the parties that are not contained in the lease.

Both the landlord and the tenant benefit from having the lease in writing. Either party may negotiate for any terms or other particulars he or she may want in the lease before it is signed. However, once both parties sign the lease, it is a legally binding document. If a conflict later arises between the parties regarding the property that must be decided in the courts, the court will look to the lease to determine the parties` agreement as to their respective rights and obligations. Therefore, it is very important that each party read and understand the lease before it is signed.

What Is A Security Deposit?

Wed, 30 Apr 2008 15:11:09 GMT

Before the tenant takes possession of the property, the landlord generally requires the tenant pay an additional amount of money as a security deposit. The purpose of this money is to cover any losses the landlord may incur if the tenant breaches the lease or physically damages the property. In Pennsylvania, for example, the collection, holding and return of this security is controlled by statute, the provisions of which cannot be changed in the lease. Since each state has its own rules relating to the return of security deposits, you should certainly consult with the local laws to see what is required in your state. Pennsylvania law provides that a landlord may not legally require a security deposit in excess of two (2) months rent for the first year`s lease. For every year after the first year, a deposit equal to one month`s rent is all that may be required. After two (2) years, deposited funds in excess of $100.00 must be placed in a separate account, in an institution regulated by Pennsylvania or by federal authorities and the landlord must notify the tenant, in writing, of the name and address of the depository and the amount of the deposit. Within thirty (30) days after the termination of a lease, or upon surrender and acceptance of possession of the premises, the landlord is obligated to provide the tenant with a written list of any damages. The landlord may deduct the amount to fix the damages and return the balance of the escrow monies, if any, to the tenant. This reimbursement is not required if the landlord claims nonpayment of rent or other material breach of the lease. Any interest earned on the security deposit must be paid to the tenant at the termination of the lease, after the landlord deducts up to the allowable one percent (1%) administration fee. Other states have different laws concerning security deposits and some states have no statutes at all on this subject. If you have a dispute with your landlord over the amount or return of a security deposit, you must check your local law to find out what rights you have.

What Should I Consider When Renting?

Tue, 29 May 2007 21:19:00 GMT

Before looking at apartments or rental houses, evaluate your living needs: Number of rooms, location, distance from shopping and public transportation, price and facilities.

Friends and newspapers provide inexpensive advice. Real estate agencies can help, but may charge a fee for their services. Avoid apartment finders who charge merely for lists of vacancies that are simply taken from newspaper classified ads.

Consider the following before renting:

Check the furnace, plumbing and all appliances. Are there enough electrical outlets and lights? Is the wiring adequate to handle several appliances?
Are storm windows, screens and shades provided?
Are the floors solid, without holes or splinters? Are the walls and ceilings painted, papered and without cracks?
Are the doors, windows and entrances to the building secured? Are the stairs safe and well lit? Are the fire escapes easily accessible?
Is the apartment quiet? Can you hear those next to, above or below you?
Is there evidence of rodents or insects? Who pays for an exterminator?
Ask others in the apartment complex about any negative aspects of living there.
If the apartment is furnished, check for, record and save a list of all defects in the furniture.
Make and keep a list of all existing damages and repairs that need to be made. Keep a copy of the list, give one to your landlord and attach a copy to the lease. When you move out, such records will assure that your security deposit will only be applied to damages for which you are responsible.

The Rental Application:

Your new landlord may ask you to provide credit references and a list of past landlords, addresses and your employment history, including salary.

An application fee may be charged and may be non refundable if you are not approved. At the landlords option, he may apply the application fee to your first months rent or security deposit, but it is not required by law.

Signing a Lease:

A lease between a landlord and a tenant is an oral or written contract. Your best protection is a written lease signed by both parties.

Make sure your lease contains:

The specific address, including apartment number of the property.
The length of the lease.
An explanation of the rent payment procedure, including late penalties and rent increases. Which utilities you are responsible for paying.
Termination or renewal terms.
The amount of security deposit.
Be sure to keep a copy of the lease for yourself. Make a second copy and keep it in a bank deposit box or give it to a friend or family member for safekeeping. Do not sign a lease until all blanks are filled in.

Security Deposit:

A security deposit is money which actually belongs to the tenant, but is held by the landlord for protection against damages or unpaid rent.

During the first year of a lease, the amount of a security deposit cannot exceed two months rent.

At the beginning of the second year of a lease, a landlord cannot retain a security deposit of more than one month`s rent.

At the beginning of the third year of a lease, the landlord must put any security deposit over $100.00 in an interest bearing bank account.

A tenant who occupies a unit or dwelling for two or more years is entitled to interest on his security deposit, beginning with the 25th month of occupancy. The landlord must give you the interest earned by the account (minus a one percent fee which the landlord may retain for his costs) at the end of the third and each subsequent year of tenancy.

Before moving in, make a list of any existing damages and repairs that need to be made. Keep a copy of the list, give one to the landlord and attach a copy to the lease. Such records will assure that the security deposit will only be applied to damages for which you are responsible.

To have your security deposit refunded, give the landlord a forwarding address and return the keys to the property. Within 30 days after you move out the landlord must either return the security deposit or send you a list of damages, the cost of repairs and any money remaining from the security deposit.

If the landlord does not provide a written list of damages within 30 days, he may not keep any part of the security deposit. You may then:

Sue to recover the deposit without the landlord being able to raise any defense, or
Sue for double the amount of the security deposit. In this case, the landlord can counterclaim for damages to his property.

If you are experiencing any landlordtenant problems, contact the Bureau of Consumer Protection.

Condominiums:

If your apartment building is being converted to condominiums, the new owner/developer must give you one years written notice before you are required to move and he can not raise your rent or change the terms of your lease. If your lease is for more than one year, you may remain in your unit until the termination of your lease.

You have the first chance and exclusive rights to buy your rental unit within the first six months after your receive the conversion notice.

You can give 90 days notice and terminate your lease without penalty after receiving a conversion notice.

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