PA Landlord Tenant Law

Early Termination from a Lease Request Template

2007-02-13T12:42:00.000-05:00

Have you ever wanted to terminate your lease prematurely for whatever reason? Try using the template below as a start to your formal written request in terminate the lease without penalty.

Early Termination from a Lease Request Template

Landlord Tenant Complaints

2007-02-11T17:37:00.000-05:00

Here is some reference information for landlord tenant problems in Central Pennsylvania:

HARRISBURG FAIR HOUSING COUNCIL
1228 Bailey Street
Harrisburg, PA 17103
238-9540
If you have a housing problem and you don't know how or where to begin solving it.

CENTRAL PENNSYLVANIA LEGAL SERVICES
213-A North Front Street
Harrisburg, PA 17101
232-0581
For legal advice about leases, housing or landlord problems.

CITY OF HARRISBURG
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
Bureau of Codes Enforcement
4th Floor, Room 406
Martin Luther King Jr., City Government Center
Harrisburg. PA 17101

Housing inspection & report housing code violations 255-6552
Rodent (mice or rats) problem 558-1093

DEPARTMENT OF PUBLIC ASSISTANCE
2432 N. 7th St. (Dauphin County office)
Harrisburg, PA 17110
787-4550
787-2324
To report problems with the landlord (by welfare recipients).

HARRISBURG REDEVELOPMENT AUTHORITY
Martin Luther King Jr. City Government Center
Harrisburg. PA 17101
238-9601
Weatherization program for low income people who are owners or tenants.

PENNSYLVANIA DEPARTMENT OF CONSUMER PROTECTION
Strawberry Square
14th Floor
Harrisburg, PA 17101
787-7109
To file complaints against contractors for faulty work or other "consumer fraud."

PENNSYLVANIA HUMAN RELATIONS COMMISSION
Regional Office
2971-E N. 7th St.
Harrisburg, PA 17110
787-9780
787-9784
To file a complaint about discrimination in housing for those who are not Harrisburg City residents.

HARRISBURG HUMAN RELATIONS COMMISSION
123 Walnut Street - 2nd Floor, Suite 235
Harrisburg, PA 17101
(city Public Safety Bldg.)
255-3037
To file a complaint about discrimination in housing for those who are Harrisburg City residents.

DAUPHIN COUNTY HOUSING & REDEVELOPMENT AUTHORITY
501 Mohn Street
Latsha Towers
Steelton, PA 17113
939-9301

HARRISBURG HOUSING AUTHORITY
351 Chestnut Street
Harrisburg, PA 17101
232-6781

HELP/Harrisburg Emergency Lifeline Program
234 South St.
Harrisburg, PA 17101
238-2851
To get help with food, clothing and emergency housing.

CUMBERLAND COUNTY HOUSING AUTHORITY
156A West Penn St.
Carlisle, PA 17013
245-0516

How to Prepare for Court in a Landlord Tenant Case

2007-01-19T10:04:00.000-05:00

There are many reasons why a tenant may find himself in court arguing against his landlord. But, regardless of why he is there, the tenant needs to bring certain things to help prove his case:

1. Receipts
Any time the tenant pays his rent, security deposit, or for repairs to the apartment, he should keep the receipt. If he paid by check, his receipt will be the canceled check. If he paid by money order, he should keep one of the copies. If he paid with cash, he should get the landlord (or repairman or anyone else he gives money to) to write how much money was paid, the date paid, and sign it.

Often, when the tenant appears in court, there will be some question about whether rent or security deposits were really paid. The tenant needs to show the receipts to the judge to prove that the money was paid.

2. Copies of all letters sent to the landlord
If the tenant had a problem with damages in the apartment not being repaired, he must show that he told the landlord about the problem. Or, if the tenant moves, he must show that he gave the landlord an address to send the security deposit.

The tenant should bring these letters to court to prove he did what he was supposed to do.
It would also be wise --and cost a little more --to send the letters by certified mail. The Post Office will write a receipt to show that the landlord got the letter. This receipt should also be brought to court.

3. A list of the damages that were in the apartment before moving in
The landlord is not allowed to make the tenant pay for these problems. However, landlords often do not keep track of these damages, so that when the tenant leaves, the landlord keeps part of the security deposit to pay for these repairs.

So, before you move in to an apartment, make a list of all the damages, and have the landlord sign it. (If the landlord refuses to sign it, you can count on having problems with him in the future, so think about looking at other apartments.) Make a similar list before you move out of the apartment to protect yourself from having the landlord make up damages in order to keep your security deposit.

4. Proof of damages the landlord did not fix
If you are saying the landlord did not keep the apartment in good shape, you will need (in addition to the letter telling the landlord about the problem) to show that the damages are as serious as you say. You can have a housing inspector provide a report of the damages, have other witnesses tell what they have seen, bring pictures, or other proof.

If the damages to the apartment affect your health and safety, be sure to explain this. For instance, your might mention that you became sick because there was no heat; or you might mention that your had to replace furniture that was ruined due to a badly leaking roof.
During your hearing you will have a chance to ask the landlord questions. Make him prove what he says by showing papers, receipts, or written estimates for repairs, or having witnesses that saw what happened. If he says that you caused $100 in damage, for instance, make him prove that you caused the damage, and that the $100 is the actual cost to repair the damage and put the apartment in the condition it was in before you did the damage (he should not get money from you to remodel his property).

Use your papers, receipts, estimates, and witnesses to make sure that the judge hears the truth. If the judge makes a decision you don't agree with, you have the right to appeal. You should talk with a lawyer when you appeal. The lawyer can help you prepare your case. If you can not afford a lawyer, contact the Legal Services Program in your area for more information.

What if another tenant is disturbing your quiet enjoyment?

2007-01-09T11:51:00.000-05:00

What if another tenant is disturbing your quiet enjoyment?

Typically, this happens when a neighboring tenant does something such as frequently play their stereo too loud. If you are faced with this type of situation, you should tell the landlord about the problem orally and in writing (keep a copy of the letter you send) and ask that he or she do something to stop it. If the landlord fails to resolve the problem, you may want to break your lease and move.

If the landlord then sues you for breaking the lease, go to the hearing and explain why you moved. Give the District Justice a copy of any letter you sent to the landlord. It is also helpful to bring someone who witnessed the problems you faced to the hearing to explain the situation to the District Justice.

Finally, tell the District Justice that the landlord's failure to do anything to stop the disturbances violated the covenant of quiet enjoyment and, therefore, you had a right to cancel the lease and move. However, there is no guarantee the District Justice will accept your defense. Each case is decided on the facts the District Justice thinks are important. If the District Justice finds the facts do not prove the covenant of quiet enjoyment was broken by the landlord, you may end up owing the landlord money for breaking the lease.

Pennsylvania Housing Code Facts - Part 1

2006-12-29T16:18:00.000-05:00

When you rent an apartment or house, your landlord guarantees that s/he will make the repairs that are needed to keep the rented premises safe and sanitary. This guarantee is called the Warranty of Habitability, and it cannot be waived by tenants. If repairs are not made as requested, you need some way to motivate your landlord to make the repairs quickly.

You also may need proof that the repairs were not make in order to assert your rights. (For more information on how to request repairs and what your rights are if your landlord does not make the repairs, see MidPenn's brochure entitled Repair & Deduct: a Tenant's Right to Safe and Decent Housing.)

For serious problems, often the best way to get your landlord to make repairs is to arrange for a housing code inspection.When you have asked your landlord to make repairs, and the repairs have not been made, you can call the Housing Code Enforcement Officer. Code Enforcement Officers often respond quickly to tenants' requests for inspections, and if the problems are very severe, the Code Enforcement Officer may require the landlord to fix the problem immediately or face a steep fine. The fines are often very expensive, so many landlords will make the repairs rather than paying the fine.

Frequently Cited Cases in Pennsylvania Landlord Tenant Law

2006-12-29T13:10:00.000-05:00

Here is a link to frequently cited cases in Pennsylvania Landlord Tenant cases.

SUING IN DISTRICT JUSTICE COURT

2006-12-22T13:39:00.000-05:00

SUING IN DISTRICT JUSTICE COURT

A tenant may sue the landlord in District Justice Court. The most common reasons for tenants to sue are that the landlord did not return a security deposit or refused to return personal property after the tenant moved. There are other reasons why a tenant may decide to sue a landlord, such as when the landlord has breached the warranty of habitability.

WHAT IS A DISTRICT JUSTICE?

A District Justice is a locally elected official who decides civil lawsuits including landlord/tenant
matters. The District Justice used to be called a Magistrate or a Justice of the Peace.

DO I NEED AN ATTORNEY?

No. The system is designed to work without attorneys.

HOW MUCH CAN I SUE FOR?

The District Justices hear civil cases in which there is $8,000.00 or less at issue.

WHERE SHOULD I FILE A DISTRICT JUSTICE ACTION?

You can bring the case in the district in which the party you are suing lives or regularly conducts
business. Usually, this will be near where you live. This is not always the case. There are special
rules for where the case must be filed if the defendant is an incorporated business or a government party.

The District Justice will have a copy of the rules. You should ask to see them and read them if you are unsure where to file.

HOW MUCH IS THE FILING FEE?

There is a filing fee of $35 to $60 to start the suit. The exact amount depends on the amounts for which you sue. If you are successful, the party you sue will pay the cost.

MAY THE FILING FEE BE WAIVED?

Yes, you would need to file a petition to proceed in forma pauperis (IFP). In forma pauperis simply means that you cannot pay the cost of filing the action.

There are forms available at the District Justice's office. The form requests information about your family size, income and expenses. The District Justice will decide based on the petition whether the fee should be waived within 5 days of filing the petition.

WHAT DO I FILE?

The paper you file to start the case is called a complaint. The District Justice will provide you with a form complaint. Write the names and addresses of the parties, how much money is at issue,and the dates of the agreement on the complaint. Describe the transaction or negligent conduct at issue. Also write a short statement of the facts that support your claim. This means write in detail the reason(s) why you are suing. For example:
"My landlord breached the warranty of habitability. The furnace in the building
broke down. I had to pay to get it fixed because the landlord would not fix it. The
defendant/landlord may file a counter suit against you. This does happen on many occasions
and it is something to consider when you are trying to settle your case without going to court.

HOW DOES THE DEFENDANT FIND OUT ABOUT THE LAWSUIT?

After you file the complaint, the District Justice's office will serve it on the defendant, either
personally or by mail. Because you pay for service, you might want to ask that it be done by mail because it is much cheaper (though service may not be as fast).

WHEN WILL THE HEARING BE SET?
The District Justice will set a date for the hearing and send a written notice of the date to you and to the defendant. The hearing must be set for not less than 12 days after and not more than 60 days after the complaint is filed. You have a right to ask that the hearing be postponed; however, there is no guarantee that your request will be granted. You should not assume that it will be. You should be ready to proceed on the date set by the District Justice.

WHAT HAPPENS AT THE HEARING?
At the hearing, you will be the first person to present your side of the story. All your witnesses, if any, will also testify for your side. The landlord may ask you or your witnesses questions. Then the landlord and his/her witnesses will testify. You have the right to ask them questions as well. The District Justice may also ask questions of all the witnesses at any time.

MAY I BRING DOCUMENTS?

Yes, you should bring any documents that help prove your case. Any document important for the case must be presented at the hearing. The District Justice will only consider documents presented at the hearing. Remember, most times written statements from people who do not come to the hearing to testify will not be considered by the District Justice, but the District Justice will consider a bill, estimate, or receipt (for example, a bill from a plumber or an estimate from the exterminator).

WHAT IF SOMEONE I WANT TO BE A WITNESS DOES NOT WANT TO COME TO THE HEARING?

You have the right to get subpoenas from the District Justice. A subpoena requires a witness to
come to the hearing even if he/she does not want to come. The subpoena also can require the
witness to bring documents needed to help you prove the case. Subpoenas should be obtained
and served as soon as possible to be sure that the witnesses get them in time for the hearing.

MAY I OBJECT TO SOMETHING A WITNESS IS SAYING?

Yes. The most common objections are relevancy and hearsay.
1. You can object to a statement that does not have anything to do with the case and is,
therefore, not relevant. Example: The landlord testifies that your father was arrested
fifteen years ago for drunk driving. That is not relevant to the landlord/tenant issue.
2. You can also object to hearsay. Example: A witness testifies that Joe Smith said that
his wife saw your son breaking a window. A witness can only testify to what he/she
actually saw, not what someone else said they saw.

HOW SHOULD I PREPARE FOR MY CASE?

Presenting the case is a matter of common sense. You should make a written outline or check
sheet to use at the hearing. You want to be sure to ask all the questions and present all the
evidence you want the court to consider.

WHEN WILL THE DISTRICT JUSTICE MAKE A DECISION?

After all the testimony, the District Justice will decide the case. The District Justice may decide right in court after all the evidence is taken. If not, the District Justice must decide within 5 days and send a copy of the decision to each party.

WHAT IF I DO NOT AGREE WITH THE DISTRICT JUSTICE'S DECISION?

You have the right to appeal a decision you do not agree with. You should consult an attorney about appealing. The appeal must be filed within 30 days of the decision. The decision date is either the day of the hearing or, if it is a written decision, the date on the written decision.

WHAT IF NO APPEAL IS FILED?
If the District Justice grants a money judgment, and if the defendant does not pay you that amount, you can go to the District Justice after thirty days and request an order for execution. The sheriff or constable will serve the order for execution and levy on the personal property of the person who owes the money. That means that the personal property is listed to be sold at a sheriff's sale, and that the proceeds will be paid to you.

Defending an Eviction in Court and Filing an Appeal

2006-12-21T14:51:00.000-05:00

Defending an Eviction in Court and Filing an Appeal

A landlord who wants to evict a tenant who has not moved in response to the landlord's eviction notice, must file an action with the District Justice. A tenant may defend or file counterclaims to the landlord's action.

WHAT IS A DISTRICT JUSTICE?

A District Justice is a locally elected official who decides some civil and criminal lawsuits including landlord/tenant matters. The District Justice used to be called a Magistrate or a Justice of the Peace.

SHOULD I ATTEND THE HEARING?

Yes, especially if you have a defense or a counterclaim to the landlord/tenant complaint. If there is a problem with the date the hearing is scheduled, you can ask that it be rescheduled. However, there is no guarantee the request will be granted. You should not assume it will be. You should be ready to proceed on the date scheduled by the District Justice.

WHAT IS A DEFENSE?
A defense is your argument about why the landlord should not be allowed to evict you or why you should not have to pay the money amount the landlord claims that you owe. You can talk about your defense at the hearing even if you did not file any papers yourself in response to the landlord’s complaint. Some common defenses are that the landlord did not give adequate notice, that the warranty of habitability was violated, or that the landlord's story is not true.

WHAT IS A CROSS-COMPLAINT?

If you have a claim against the landlord, you may file a cross-complaint at the District Justice office. At any time before the actual hearing, you may go to the District Justice office and ask to file a cross complaint. The District Justice will provide a form for you to fill out. The eviction hearing will then be postponed 15 days to give the landlord sufficient notice (at least five days) of the cross-complaint. The District Justice will mail the cross-complaint to the landlord and consider both the original complaint and the cross-complaint at the hearing. A common cross-complaint is that the tenant has made significant improvements to the property and the landlord should repay the tenant for them.

WHAT HAPPENS AT THE HEARING?
At the hearing, the landlord will usually present testimony first. Both you and the landlord can testify and present other witnesses. You and your witnesses will testify after the landlord's side of the case has been presented. The landlord will be given a chance to ask his/her witnesses some questions. The landlord also may question you and your witnesses. You may ask your witnesses and the landlord's witnesses questions. The District Justice may ask questions of all the witnesses or you or your landlord at any time.

MAY I BRING DOCUMENTS?

Yes, you should bring any documents that help prove your case. Any document important for the case must be presented at the hearing. The District Justice only considers documents presented at the hearing. Remember, most times written statements from people who do not come to the hearing to testify will not be considered by the District Justice. But, the District Justice will consider a bill, estimate, receipt, or statement of account which was made in the regular course of business.

WHAT IF SOMEONE I WANT TO BE A WITNESS DOES NOT WANT TO COME TO THE HEARING?

You have the right to get subpoenas from the District Justice. A subpoena requires a witness to come to the hearing even if he/she does not want to come. The subpoena also can require the witness to bring documents needed to prove the case. Subpoenas should be obtained and served as soon as possible to be sure that the witnesses get them in time for the hearing.

MAY I OBJECT TO SOMETHING A WITNESS IS SAYING?

Yes. The most common objections are relevancy and hearsay.

1. You can object to a statement that does not have anything to do with the case and is
therefore not relevant. Example: The landlord testifies that your father was arrested fifteen
years ago for drunk driving. That is not relevant to the eviction proceeding.

2. You can also object to hearsay. Example: A witness testifies that Joe Smith said that his
wife saw your son breaking a window. A witness can only testify to what he/she actually saw,
not what someone else said they saw.

HOW SHOULD I PREPARE FOR MY CASE?
Presenting the case is a matter of common sense. You should make a written outline or check sheet to use at the hearing. You want to be sure you ask all the questions and present all the evidence you want the District Justice to consider.

WHEN WILL THE DISTRICT JUSTICE DECIDE?

After all the testimony, the District Justice will decide the case. The District Justice may decide right in court after all the evidence is taken. If not, the District Justice must decide within 3 days and send a copy of the decision to each party.

WHAT IF I DO NOT AGREE WITH THE DISTRICT JUSTICE'S DECISION?

You have the right to appeal a decision with which you do not agree. You should consult an attorney about appealing. If you are appealing on the issue of possession of the leased premises
(whether or not you should be evicted), you must file your appeal within 10 days of the
decision. The decision date is either the day of the hearing or, if it is a written decision, the date on the written decision. If you only want to appeal a judgment for money that has been entered against you, you have 30 days from the date of the decision to appeal.

CAN I STAY IN THE LEASED PREMISES DURING MY APPEAL?

If you think the District Justice has wrongly decided that possession should be granted to your landlord (which means that you will be evicted), you can appeal to the Court of Common Pleas.

However, the appeal must be filed within 10 days. In order to be able to stay in the rented premises during the appeal, the judge or prothonotary must sign a supersedeas. A supersedeas is a kind of court order which allows for a “stay” (stop) of the eviction proceedings -- and it allows you to remain in the rented apartment or house during the time period of the appeal. In order to get a supersedeas, you must pay to the prothonotary 3 months’ rent or the rent actually in arrears as determined by the District Justice (whichever is less). This amount must be paid at the time that you file your appeal, within 10 days of the District Justice’s decision. During your appeal, you must also pay to the prothonotary your monthly rent
every 30 days in order to continue the supersedeas. If you think you want to appeal, you should contact MidPenn Legal Services or another attorney as soon as possible. You will need to have an attorney evaluate your case right away because of the short appeal deadline. In order to protect your legal rights, it is a good idea to talk with an attorney before your District Justice hearing if possible.

WHAT HAPPENS IF THERE IS NO APPEAL?

If the District Justice grants the landlord a judgment for possession by checking the box alongside the words, “Possession Granted,” you still have approximately 22 days to move. The landlord can request an Order for Possession from the District Justice on the 11th day after the judgment. Once that order is granted, the sheriff or constable will serve the order on you along with a 10 day notice to vacate. On or after the 11th day, the constable or sheriff can physically evict the tenants. However, if the Notice of Judgment you receive has a check in the box alongside the words, “Possession granted if money judgment is not satisfied by time of eviction,” then you have the right to remain in your home if you pay to the landlord, constable or sheriff the amount of money you owe, as stated both in the Notice of Judgment and on the bottom of the Order for Possession, at any time before you are actually evicted. If you don't pay this amount, you can be forcibly evicted anytime after the date
stated on the Order for Possession.

If the District Justice grants either the landlord or the tenant a money judgment, that party can go to the District Justice after 30 days and request an order for execution. The sheriff or constable will serve the order for execution and levy on the personal property of the person who owes the money. A levy means that the personal property will be listed to be sold at a sheriff's sale to satisfy the judgment.

SECURITY DEPOSITS - What You Need to Know

2006-12-15T09:26:00.000-05:00

SECURITY DEPOSITS - What You Need to Know

Most residential tenants pay a security deposit to their landlord. There is a law in Pennsylvania that regulates how much of a security deposit can be required, what the landlord must do with the security deposit, and when the security deposit should be returned. These rights cannot be taken away by the landlord.

The first year, the landlord is permitted to require a security deposit of up to two months’ rent. In the second year that amount decreases to a maximum of one month’s rent. A landlord should return to the tenant any amount over one month's rent that was originally charged. After two years, the landlord must put a security deposit of more than $100.00 in an interest bearing bank account and inform the tenant of the name and address of the bank in which the account has been opened. When a tenant moves, he/she must give the landlord written notice of his/her new address. If a tenant does not know exactly where he/she will be living then he/she can give the address of a friend or a family member. It is a good idea to send this to the landlord by certified mail and to keep a copy of the letter, the sender's receipt and the return receipt. It is also advisable to return the keys to the landlord on the day that the tenant moves out.

Then, if the tenant provided the written notice of a new address, the landlord has 30 days to give the tenant a written list of damages and return the deposit minus the amount claimed for actual damages to the unit. If the landlord does not do this, the landlord loses the right to keep the deposit and the right to sue the tenant for damages to the residence. This failure of the landlord also gives the tenant the right to sue the landlord for double the amount of the security deposit.

For instance, if the security deposit is $300 and there are actual damages of $50, the landlord must return $250 to the tenant along with a list of the actual damages. The deposit and written list must be returned within 30 days of the date that the tenant provided his/her new address to the landlord. If the landlord does not return the deposit within that time, the tenant may sue the landlord for double the amount of the security deposit. If a landlord does provide the list of damages and withholds part or all of the security deposit, the tenant must sue the landlord to recover those funds. In such cases, the landlord must prove the actual damages resulting from the tenant's residency.

REMEMBER: The landlord may refuse to return the security deposit without following the above steps if the tenant did not pay rent or otherwise broke the lease.

ALSO: Even if you do not provide the landlord with your new address at the time you move, you can still sue your landlord for the actual amount of the security deposit minus actual damages. In this situation, you will not be able to sue for twice the deposit, and the landlord can still sue you for damages to the rental unit.

Overview of PA Landlord Tenant Law

2006-12-14T14:31:00.000-05:00

In Pennsylvania, a law governs the relationship between landlords and tenants. This law,passed by the Pennsylvania Legislature, says how a landlord/tenant situation will be handled.The Landlord/Tenant Act of 1958 regulates the interactions between landlords and tenants,including evictions. Landlords cannot take any action they wish to evict a tenant even if the tenant has not paid rent. In most instances, landlords must follow a set of procedures to evict a tenant.

If a landlord tries to use illegal eviction measures, like changing the locks or shutting off utilities, you can call the police. You should also contact your local legal services office. Legal services may be able to file for an injunction, which can prevent your immediate eviction. Again, if the landlord tries to illegally evict you by changing the locks or shutting off the utilities, you should contact your local legal services office in your county.

The law requires your landlord to give you a written notice of eviction. This notice will be a 10 or 15 day notice unless you have a written lease. The written lease may shorten the notice period or waive it altogether. After the notice period is over, the landlord must go the District Justice and file a Landlord/Tenant Complaint. The District Justice's office will schedule a hearing in 7 to 15 days. The landlord may ask for possession of the property and money damages for unpaid rent and damage to the property.

The District Justice will make a decision either at the hearing or within 3 days after the hearing. If the District Justice grants a judgment for possession to the landlord, the landlord can seek an Order for Possession after 10 days. You will then be served with another 10 day notice. When that 10 day notice expires, you can legally be physically removed from the premises by a constable or a sheriff.

The PA Landlord Tenant Law web site is designed to help you help yourself in dealing with your landlord/tenant problems. It provides information on filing a suit against a landlord; discusses some defenses you might have against your landlord's claims; and gives the special rules for mobile home parks,security deposits, and procedures in District Justice Court.

You do not need a lawyer to appear in front of a District Justice. You may file legal papers and represent yourself. This system is called pro se (which is Latin for “appearing for oneself”). MidPenn Legal Services is availible to represent everyone who is financially eligible for free or reduced cost legal services, so we have put together this packet of information and forms to help people to help themselves in Adams, Bedford, Berks, Blair, Centre, Clearfield, Cumberland, Dauphin,Fulton, Franklin, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry, Schuylkill and York counties.

Welcome to PA Landlord Tenant Law

2006-12-08T10:21:00.000-05:00

This website will me a free informational resource for persons looking for information on landlord tenant laws in Pennsylvania.