The property is deemed untentantable, if it substantially lacks the following:
(1) Effective waterproofing and wether protection of the roof, walls, windows, and doors;
(2) gas facilities maintained in good working order;
(3) a water supply capable of producing hot and cold running water, and connected to a sewage disposal system;
(4) heating facilities maintained in good working order;
(5) Electrical lighting, maintained in good working order;
(6) the building, the grounds, appurtenances, and all areas under control of the landlord starting from the time of the commencement of the lease or rental agreement have to be kept clean, sanitary, free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin;
(7) an adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commence of the lease or rental agreement, and the landlord is responsible for the clean condition and good repair of the receptacles under his or her control;
(8) floors, stairways maintained in good repair.
The landlord also has to be sure he complies with local ordinances and any remodeling has to comply with existing building codes.
A landlord of a dwelling cannot legally demand rent, collect rent, issue a notice of a rent increase, or issue a three day notice to pay rent or quit, if the property is untentable and:
(1) A public officer or employee who is responsible for the enforcement of any housing law, after inspecting the premises, has notified the landlord or the landlord's agent in writing of his or her obligations to abate the nuisance or repair the substandard conditions;
(2) The conditions have existed and have not been removed 35 days after notice was received from a public officer and the delay is not for good cause;
(3) and the conditions were not caused by an act of the tenant or the tenants failure to act.
A landlord that demands rent, collects rent, or issues a notice of rent increase, or issues a three day notice to pay or quit and the four conditions are present then the landlord liable to the tenant for the actual damages, plus special damages of no less than $100 and not more than $5,000.00. The prevailing party is also entitle to reasonable attorney fees and costs.
This does not mean that the tenant can cause these conditions and it does not mean that
the landlord is liable if the tenant chooses to live in substandard conditions. The landlord has no duty to repair a dilapidation if the tenant is in substantial violation of the following affirmative obligations:
(1) The tenant is obligated to keep that part of the premises which he occupies and uses clean and sanitary as the condition the premises permit;
(2) The tenant is required to properly dispose for his dwelling unit all rubbish, garbage and other waste , in a clean and sanitary manner;
(3) The tenant is obligated to refrain from giving permission to any person on the premises to willfully destroy, deface, damage, impair or remove any part fo the structure and the tenant also must refrain from doing such things;
(4) The tenant is obligated to occupy the premises as his abode, utilizing portions for living, sleeping, cooking or dining purposes only as the dwelling was designed and intended to be used.
These are the most basic requirements, but the list of obligations and responsibilities is much broader and imposes even more responsibilities on the landlord. What is shocking, is that a landlord is allowed to legally harass a tenant, even when the landlord has no viable claim and is in violation of the preceding. A landlord can initiate eviction proceedings and even evict a tenant, even if the landlord is in violation of the aforementioned housing violations. If the tenant is able to obtain counsel to represent the tenant the landlord can litigate the lawsuit and then on the day of trial simply dismiss the lawsuit.
If the landlord alleges a contract violation as the basis of the lawsuit, the landlord can dismiss the lawsuit at the very last minute and not incur any attorney fees or costs, because if there is an attorney fee provisions in the lease agreement there is no winner when the landlord voluntarily dismisses the case. It is a loophole that essentially encourages frivolous lawsuits. Under California law the landlord could bring a frivolous lawsuit several times and dismiss them just before trial after the tenant has exhausted thousands defending the lawsuit. This is how a landlord can harass a tenant legally.
It is not right, it is not fair, and certainly not just, but it is the result that was created by the State Legislature.
Landlord & Tenant Law
Many Pittsburgh landlords are frustrated by the current state of landlord-tenant law, as many rights under current law are ceded to the tenant. Landlord frustration is especially evident in the city proper; Pittsburgh neighborhoods like Oakland and Bloomfield are filled with college students who can be noisy, negligent of property, or late with rent. However, a landlord has certain rights to his or her rental properties, and can require of tenants certain actions and behaviors that are perfectly legal. The following article will explore some landlord rights in the tenant relations and property management arenas.
Rights of landlords renting Pittsburgh, PA properties
One of the most important rights a landlord has is the right to evict tenants. There are three conditions under which the landlord is legally able to evict tenants from a rental property:
1.The tenant has not paid rent owed in full.
2.The tenant's lease term is up, and the landlord wishes to put the property up for rent or sale.
3.The tenant violated a section of the rental agreement (or lease).
Though there are fewer concrete rules outlining how an eviction notice should be delivered, it helps the landlord's case immensely if he or she follows common sense.
First, the landlord should not deliver an eviction notice by mail. Just as a citizen can ignore a jury duty summons by saying he or she never received it, a tenant facing imminent eviction can simply deny that he or she ever received an eviction notice. The landlord has every right to state in the lease the maximum length of time permissible between eviction notice and removal of tenants. Many landlords opt not to do this, however ? in which case, they are advised to refer to the Landlord-Tenant Law of 1951. It is the only rubric available for tenant eviction in Pennsylvania.
The landlord can lawfully evict the tenant with 30 days notice for leases less than 365 days (1 year) in length. 90 days notice is required for leases one year or longer. Some landlords do not use written leases with tenants. Legally, this is an inadvisable move; the landlord does not want to inadvertently cede rights to the tenant. However, if the landlord does not use written leases, 30 days' notice for eviction is standard.
If tenant eviction proceedings are pending, the landlord's best bet is to keep written documentation of all communications, payments, and incidents with tenants. The landlord must be prepared to demonstrate when a tenant stopped paying rent, how much rent the tenant owes, and/or how the tenant violated terms of the lease. If the tenant brings suit against the landlord for eviction-related grievances, this documentation is invaluable. In order to keep the law on his or her side, a landlord must not take rash actions against a tenant facing eviction. The landlord should not use police to forcibly evict the tenant before the eviction notice term is up, nor should he or she resort to ?dirty fighting tactics,? such as locking the tenant out or cutting off all utilities services to the rental home or unit.
The following form can be used if the landlord wishes to bypass eviction notice requirements and bring the eviction to magistrate court:
NOTICE TO LEAVE THE LEASED PROPERTY (NOTICE TO QUIT)
Tenant agrees to give up certain legal rights as provided by the LANDLORD and TENANT ACT OF 1951. No notice will be required to be given by Landlord and Tenant to leave and give up the leased property.
Tenant will be asked to leave the leased property without notice under any of the following conditions.
1.Tenant does not leave the property at the end of the lease term.
2.Tenant breaks any of the terms and conditions of the lease.
3.Tenant fails, upon demand, to make all rent and other payments when due.
__________________ Tenant's Initials
Other Pittsburgh, PA landlord rights
The landlord has the right to charge the tenant late fees for rent past due. It is recommended that the landlord disclose the past-due penalty sum in the lease before the tenant signs it. The landlord also has the right to request a security deposit of an amount up to and including two months' rent. The landlord is prohibited by Pennsylvania state law from charging higher amounts; however, it is also the landlord's legal right to charge a once-yearly security deposit, so long as each deposit owed after the first year of rental does not exceed one month's rent.
It is advisable that a landlord return the security deposit to a tenant or tenants once the rental lease is up. However, a landlord can refuse to refund a tenant part or all of the security deposit if the tenant has caused damages to the unit that are not the result of natural aging or wear. To avoid legal disputes, the landlord should meticulously document the condition of the apartment before the tenant moves in and after he or she leaves, including photographing unit interiors and exteriors. Landlords are required by law to provide a list enumerating tenant-caused damages 30 days or less after tenants vacate rental units.
Many legal hassles with tenants can be avoided by carefully pre-screening all would-be renters. Though a landlord is prohibited by law from turning away tenants on the basis of gender, race, creed, or other personal characteristics, landlords can turn down tenant applications if tenants have poor credit, smoke, or own pets ? all of these tenant characteristics can interfere with the rental process. A landlord has the legal right to run a credit and background check on the tenant. To avoid issues with late or non-existent rent payments, the landlord should contact a potential tenant's current employer(s), and request pay stubs from any prospective tenants as proof of ability to pay rent. Finally, because people are often prone to repeating the same behavior time and again, references from former landlords are crucial to avoid potential tenant problems.
Both Arnold Hernandez & Jane Muder are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Arnold Hernandez has sinced written about articles on various topics from Car Accidents, Employment Law and Anger Control. Arnold Hernandez, represents clients primarily in San Marcos, Escondido, Vista, Oceanside, and throughout the Counties of San Diego, Imperial, Riverside, Los Angeles, and Orange in overtime clams, car accidents, dog bites, and truck accidents. Arnold Hernandez's top article generates over 14800 views. to your Favourites.
Jane Muder has sinced written about articles on various topics from Free Credit Report Score, Careers and Job Hunting and Massage. Sommer Law Group provides legal counsel to individuals in Pittsburgh, as well as greater Pennsylvania and West Virginia. The attorney group has expert counsel in legal areas such as. Jane Muder's top article generates over 246000 views. to your Favourites.
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