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I have a rental in Philly - and have a few questions I could not find the answers to in past posts or by reading the PA Landlord/Rental rules.
1. Just got a letter dated and postmarked 2/17 (a Friday) stating that my rent would be increased starting 6/1. The letter stated that unless they heard from me by 3/1 that the terms were automatically agreed to. My problem is, I didn't get the letter until 2/23 giving me less than a week to read the information, agree or disagree and return it to them. Q - IS THERE A RULE UNDER PENNSYLVANIA LAW ABOUT HOW MUCH TIME A TENANT MUST BE GIVEN TO AGREE OR DISAGREE WITH RENTAL CHANGES?
2. When I moved in there were some minor issues - carpet stains, minor holes, linoleum baseboard peeling, some of the long strands of the blinds were bent, the bottom tray in the dishwasher is clearly a replacement and doesn't roll properly, and the drip pans under the burners on the stove were the wrong size resulting in uneven pot cooking. Nothing earth shattering or keeping me from enjoying the place. They were very nice and said they'd take care of it - but have yet to. In addition, while away one weekend, the toilet tank dripped due to a leaky valve (not my fault). They came and fixed it, sopped up the water, etc - with no issue. But it had leaked into my bedroom and now I have mold on the edge of the carpet. I have mentioned that in addition to reminding them of the other issues we discussed from when I moved in. There's been no action. Q - WHAT RECOURSE DO I HAVE TO GET THESE THINGS FIXED?
At the end of the day, I love the neighborhood, the building is nice, the people are nice and I like the apartment. It's not the builing people, it's the rental agency and apparently they are a nightmare to work with I have since heard. I have a long term lease and I am at an age where I don't want to move. I have taken pictures of all of the issues and would like them addressed, but don't want to be "that tenant" and/or wind up having them find an excuse to make me move.
I have a rental in Philly - and have a few questions I could not find the answers to in past posts or by reading the PA Landlord/Rental rules.
1. Just got a letter dated and postmarked 2/17 (a Friday) stating that my rent would be increased starting 6/1. The letter stated that unless they heard from me by 3/1 that the terms were automatically agreed to. My problem is, I didn't get the letter until 2/23 giving me less than a week to read the information, agree or disagree and return it to them. Q - IS THERE A RULE UNDER PENNSYLVANIA LAW ABOUT HOW MUCH TIME A TENANT MUST BE GIVEN TO AGREE OR DISAGREE WITH RENTAL CHANGES?
2. When I moved in there were some minor issues - carpet stains, minor holes, linoleum baseboard peeling, some of the long strands of the blinds were bent, the bottom tray in the dishwasher is clearly a replacement and doesn't roll properly, and the drip pans under the burners on the stove were the wrong size resulting in uneven pot cooking. Nothing earth shattering or keeping me from enjoying the place. They were very nice and said they'd take care of it - but have yet to. In addition, while away one weekend, the toilet tank dripped due to a leaky valve (not my fault). They came and fixed it, sopped up the water, etc - with no issue. But it had leaked into my bedroom and now I have mold on the edge of the carpet. I have mentioned that in addition to reminding them of the other issues we discussed from when I moved in. There's been no action. Q - WHAT RECOURSE DO I HAVE TO GET THESE THINGS FIXED?
At the end of the day, I love the neighborhood, the building is nice, the people are nice and I like the apartment. It's not the builing people, it's the rental agency and apparently they are a nightmare to work with I have since heard. I have a long term lease and I am at an age where I don't want to move. I have taken pictures of all of the issues and would like them addressed, but don't want to be "that tenant" and/or wind up having them find an excuse to make me move.
Any and all help would be greatly appreciated!
Well you're in luck because I am studying Real Estate law as a minor in school!
First of all, the rent. What is the term of the lease? Monthly? A year? 2 years? 3 years? I assume it's not a month to month lease. You should probably find that out. My advice would be to read your lease first. If you are on a year lease or longer, there is usually a reopen clause or some kind of clause that allows a landlord or reality agency to increase rent. If there is no reopen clause or any other weird clauses then this is 100% illegal and they can not raise rent until your rental period is up. If you want to renew the lease then they can decide to raise the rent. DO NOT SIGN A NEW LEASE DURING YOUR CURRENT RENTAL PERIOD. Sometimes scumbag land lords will need more money and will attempt to get more money out of his tenants by having them sign new leases that increases rent.
LEASING LAW in PA-
A lease states the total number of months that the lease will be in effect—for example, six or 12 months. Most leases are in writing, although oral leases are legal. If the lease is for more than one year, it must be in writing.
It is important to understand that, even though the lease requires the rent to be paid monthly, you are bound by the lease until it expires (for example, at the end of 12 months). This means that you must pay the rent and perform all of your obligations under the lease during the entire lease period.
There are some advantages to having a lease. If you have a lease, the landlord cannot raise your rent while the lease is in effect, unless the lease expressly allows rent increases. Also, the landlord cannot evict you while the lease is in effect, except for reasons such as your damaging the property or failing to pay rent.
A lease gives the tenant the security of a long-term agreement at a known cost. Even if the lease allows rent increases, the lease should specify a limit on how much and how often the rent can be raised.
The disadvantage of a lease is that if you need to move, a lease may be difficult for you to break, especially if another tenant can't be found to take over your lease. If you move before the lease ends, the landlord may have a claim against you for the rent for the rest of the lease term.
Before signing a lease, you may want to talk with an attorney, legal aid organization, housing clinic, or tenant-landlord program to make sure that you understand all of the lease's provisions, your obligations, and any risks that you may face.
If the lease allows rent increases, then the landlord can raise rent whenever he/she wants after the first 6 months of your tenancy has begun and he/she only has to give you a 30 day notice.
Second, all the little things wrong with the apartment. These sound like minor issues, and it sounds like an older apartment building or rowhome. They in no way prevent you from enjoying the apartment and they are not hazardous. If you have a long term lease and want these things fixed you may have to do them yourself. THE MOLD HOWEVER. This must be taken care of. Mold can be very hazardous to you if you continue to breathe it in. A landlord MUST take care of anything that is hazardous or prevents you from enjoying the apartment reasonably (i.e. no heat or hot water). Once again, if the mold is not taken care of shortly, you can take action. And by take action I mean, threaten to higher a real estate attorney and sue them for a boat load of money.
READ YOUR LEASE. All the answers will be in the lease. There is probably a clause or some type of written agreement in the lease that allows the landlord or real estate agency to increase rent whenever they please.
Hope this helped
Last edited by RightonWalnut; 03-08-2012 at 09:31 AM..
Thank you so much for your help! I do need clarification with part of your answer if you don't mind. And, I have a follow up minor one.
If I'm understanding you correctly, they can raise the rent whenever they want if there is a reopen clause. There is NOT, so it can only be raised once a year. I moved in last June and that is when the letter said the rent would be increased, so they are fine there. And, I don't really have issue with the fact that it is going up. Rent goes up, usually yearly, so they are right with the timeframe as to when it would be raised.
My question is, about the time they gave me to agree or disagree. It was mailed/written on a Friday afternoon (I have the postmark to prove it if they ever argued), didn't get there until the next Thursday, and was due back to them only days after that. I had less than one week (actually only 4 business days) before it was due back in their hands. Because the letter said that if they didn't hear back from me in the negative by 3/1 then they would take that as acceptance. Is THAT legal? What if I had been on a trip or ill or...?
It's not like I want to move out, but feel very "cornered" in that regard. If they had decided to raise it by something ridiculous like $1500. and the same scenario occurred, I would be on the hook for another year's rental at that price because of the lack of opportunity for me to respond within their timeline.
My second question is, if I replace the dw rack, and the burners, etc. can I ask them for reimbursement? Or, should I send a registered letter first? Not nasty or threatening, but one that says something like, "I'd like to get to the repairs we discussed when I moved in taken care of, it's been practically a year with no action. I'd like them taken care of by (x date) as I feel that is reasonable (pick a date a month away). Here's a list. If I do not hear from you by (y date) (make this date two weeks away), then I will take that as your acceptance that I may take care of these things on my own and submit the bills to you for full reimbursement." Am I entitled to reimbursement if they promised to fix it, yet they haven't?
Will definetely take your advice on the mold issue! Thank you again! You are going to do great in school!
Thank you so much for your help! I do need clarification with part of your answer if you don't mind. And, I have a follow up minor one.
If I'm understanding you correctly, they can raise the rent whenever they want if there is a reopen clause. There is NOT, so it can only be raised once a year. I moved in last June and that is when the letter said the rent would be increased, so they are fine there. And, I don't really have issue with the fact that it is going up. Rent goes up, usually yearly, so they are right with the timeframe as to when it would be raised.
My question is, about the time they gave me to agree or disagree. It was mailed/written on a Friday afternoon (I have the postmark to prove it if they ever argued), didn't get there until the next Thursday, and was due back to them only days after that. I had less than one week (actually only 4 business days) before it was due back in their hands. Because the letter said that if they didn't hear back from me in the negative by 3/1 then they would take that as acceptance. Is THAT legal? What if I had been on a trip or ill or...?
It's not like I want to move out, but feel very "cornered" in that regard. If they had decided to raise it by something ridiculous like $1500. and the same scenario occurred, I would be on the hook for another year's rental at that price because of the lack of opportunity for me to respond within their timeline.
My second question is, if I replace the dw rack, and the burners, etc. can I ask them for reimbursement? Or, should I send a registered letter first? Not nasty or threatening, but one that says something like, "I'd like to get to the repairs we discussed when I moved in taken care of, it's been practically a year with no action. I'd like them taken care of by (x date) as I feel that is reasonable (pick a date a month away). Here's a list. If I do not hear from you by (y date) (make this date two weeks away), then I will take that as your acceptance that I may take care of these things on my own and submit the bills to you for full reimbursement." Am I entitled to reimbursement if they promised to fix it, yet they haven't?
Will definetely take your advice on the mold issue! Thank you again! You are going to do great in school!
First, thank you! I hope I get my Real Estate license haha. Second, the lease, that is tricky. If you signed to be a tenant for two years or so you can not move out unless you find someone to take over the lease. They pretty much have a right to raise the lease, you basically have no say. All they had to do was give you a 30 day notice. So yes, it is legal.
I'm a little but confused though. How long did you sign for? If you signed for a lease and they automatically renewed your lease that is another tricky situation.
To end a lease, either the tenant or the landlord must give the other a written notice before the end of the lease, stating that the lease will not be renewed. If this written notice is not given or is not given in the required time, then the lease will renew itself automatically, at least on a month-to-month basis, generally with the same terms and conditions. (Once again it depends what kind of lease you have).
As for the things being fixed, I would call them or write them a letter first then way. I do not think they are obligated to pay you back, but if they are nice enough they will reimburse you for it. It is worth a try either way.
It's a year to year lease. I moved in last June. I will have to go back and look over the lease to see if I missed something because, yes - the way that they timed the letter they basically DID automatically renew my lease without my input. My "gripe" is that, if I DID want to move, I wouldn't have been able to and they would have basically trapped me into another year because of how they mailed the rental increase info with the time stipulation.
If anyone can answer that part of the question, that would be great to know for next year... HOW MUCH TIME IS A LANDLORD REQUIRED TO GIVE YOU TO RESPOND TO THE TERMS OF A LEASE RENEWAL?
Like I said, luckily I was planning on staying as I had four business days to read, review, and get back into their hands via the postal service. It just "smells wrong..."
Again, thank you so very much! I'll start working on the letter and I will send it return receipt signature required in order to document that they have it.
I have a question: I'm a Philadelphia landlord and just rented my property to a tenant that started the yearly lease July1st. She now says the tub is to small and wants to move out. She says she is allowed per PA/Philly Tenant Rights to put in writing her intent to move out within 30 days of signing a yearly lease and I have to give an additional 60 days to actually move out, all without the penalties stated in the lease. So she more or less states tenants get a 30 day trial with no penalty. I've never heard this before. Is that correct?
Thanks,
Ben
hello I have a mouse problem in my apartment in northeast Philadelphia
my landlord had a exterminator out here several times but there is still a problem
(looks like she hired someone off the streets- no license )
so I told her that when the mouse problem is resolved she would get her rent
which that I told her that I had the money in a escrow account ,and she would get it when
the rodent problem is resolved
so I got a certified letter of eviction today to get out of the apartment with in a month
what are my rights?
Hello I am a renter , I have been renting from my this property for 3 and half years now. In July i was told by my Landkrd that the property us going into foreclosure and now renctly got a letter in my door talking about the house is going up for sheriff sale on October 1, 2013 my landlord is not giving me a good answer to why the house is in foreclosure one when I pay her rent every month. I am in desparate need of help and very stressed out because I have two children n i feel like im being forced tomove whn its not really my problem when I payed every month. Please help imvery annoyed and stressed lut and do not know wnere I stand as a Tenant and what I should do.
You're required to keep paying rent to the owner throughout the foreclosure process. You might receive a notice from a court stating to send your rent to some other "receiver." You'll probably get a certain time period, like 90 days, to move after the property sells. Sometimes the sell has stipulations attached, such as a requirement that the new owner honor your lease, but from what I understand that doesn't happen often in an auction. You're probably getting the 90 days.
The foreclosure does not affect your credit as a tenant. I'd probably do my due diligence and scout out places to move. Ask the landlord if you can get a positive reference to help you move safely, and withhold your negative comments about her or him until you get the reference.
I have been a renter in a foreclosed property too. Fact is, while you were paying rent, the owner wasn't paying their bills. This is why I get annoyed when asked for a credit check, yet landlords typically get incredulous when you ask for theirs. Be more careful with the next landlord ... at the very least, check online to see if they're current on property taxes, and that they actually own the property they claim to. If they're not current on property taxes, they're probably dead beats in other facets of life too.
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