Renters' Rights in PA? (Penn: low income, sale, 2013)

[joym56]

In response to honest bob
I did receive the notice and the landlord gave us 60 days
I also work two jobs,
but my husband got hurt at work on 10/01 and the company denied his wc benefits, thats why we are behind.
I did borrow the money but after I pay what I owe and no money coming in from my husbands work I feel I may be right back where I started,
I was wondering if these circumstances would allow a mag to extend my time.

[misppel]

having placed both my parents in assistant living, do I have to give all the contents of the house ( including sheds and garages) to my brother who has power of attorney? or can I choose not to because the house they resided in was mine legaly

[teri0123]

Help my son and 2 others rented a cottage off this big pool company it is absolutly well lets just say "not for me" but they only been there 1 month. in one month the stove they never use sparks and the hot water heater broke, but the worst of all. it was infested with squirrels they are eating thru my sons bedroom ceiling there are scratch marks so my son called the landlord his answer to him was . oh well son that is part of being a renter. get a pellet gun and have fun!!!
what? omg I want my son out of there. what rights does he have? he is taking advantage of them boys.

tw0706

[DowntownHarrisburg]

Originally Posted by misppel

having placed both my parents in assistant living, do I have to give all the contents of the house ( including sheds and garages) to my brother who has power of attorney? or can I choose not to because the house they resided in was mine legaly

This is a very complicated issue. Talk to a lawyer.

[DowntownHarrisburg]

Originally Posted by teri0123

Help my son and 2 others rented a cottage off this big pool company it is absolutly well lets just say "not for me" but they only been there 1 month. in one month the stove they never use sparks and the hot water heater broke, but the worst of all. it was infested with squirrels they are eating thru my sons bedroom ceiling there are scratch marks so my son called the landlord his answer to him was . oh well son that is part of being a renter. get a pellet gun and have fun!!!
what? omg I want my son out of there. what rights does he have? he is taking advantage of them boys.

tw0706

Your son (not you, since you are not the renter) needs to send a written letter to the landlord. Send it via certified mail with a return receipt, so that he has proof that the landlord received the letter. This will cost about $5 at your local post office. The letter should briefly state what is wrong, what your son expects the landlord to do about it, and when everything should be fixed. Do not get into emotional arguments, do not threaten legal action, and do not theorize on what the problem might be (ie, say "we have no hot water" instead of "the hot water heater is broken"). Stick with the facts.

The landlord must be given a reasonable period of time to fix the problems. For example, if you need your stove repaired, contact a few appliance vendors (Lowes, Home Depot, etc -- at least three) and find out how long it would take to have a stove repaired. Average these three times together, add a day or two, and that's your "reasonable time" period. Do this for all the problems you've encountered.

If your landlord does not address ALL of the problems in the time given, send a second certified letter (with return receipt). Re-state the problem, remind him that you contacted him before ("As per my last letter regarding this matter, which you signed for on June 7th 2011..."), and give him another reasonable period of time to fix the issue.

An important word of caution: Contrary to common belief, your son can NOT withhold rent UNLESS he first contacts the landlord to let him know of the problem *AND* gives the landlord a reasonable chance to fix things. If all you have are telephone calls or non-certified letters, your landlord will absolutely deny ever hearing from you. This is why certified letters are so important.

If the problems STILL aren't fixed, come back and post again. We'll see if we can offer advice.

Finally, you and your son should read the Pennsylvania Landlord Tenant Act: pa landlord tenant act - Google Search

[DowntownHarrisburg]

Originally Posted by john.silverton

I live in an Apartment in State College. The hot water has not been working for some time. But it is in the contract that the landlord is responsible for hot water. What are ,y options? Who do I complain to?

Your landlord.

If your landlord doesn't fix the problem within a few days, send a certified letter with a return receipt (about $5 at your local post office). Clearly state what is wrong, what you want him to do about it, and when you want it fixed by. Don't try to figure out what's causing the problem; just tell him what's wrong. Say "My apartment has no hot water" rather than "I think the hot water heater might be defective".

Be clear and brief.

If he doesn't fix the problem, send another certified letter. If that still doesn't work, post again and we may be able to provide more suggestions.

[ih8pa]

Originally Posted by teri0123

Help my son and 2 others rented a cottage off this big pool company it is absolutly well lets just say "not for me" but they only been there 1 month. in one month the stove they never use sparks and the hot water heater broke, but the worst of all. it was infested with squirrels they are eating thru my sons bedroom ceiling there are scratch marks so my son called the landlord his answer to him was . oh well son that is part of being a renter. get a pellet gun and have fun!!!
what? omg I want my son out of there. what rights does he have? he is taking advantage of them boys.

tw0706

I hope your son got out of there. This is such a typical PA landlord/slumlord remark! what a jerk! But he's no different than all the other landlords!

[kathyrulli]

i wanted to see if anyone can tell me my options on this problem i am having with my landlord, i have told him a half a dozen times that the lock on my door is put on backwards and you can use a credit card to get in, well someone came in and stole my purse with lets just say my life is in it!!! and when i told him about it he just said its not his problem!! so i told him i would sue him cause he had plenty of time to fix the locks, well i pissed him off now he wants to evicte me. what can i do???? i live in the state of PA

[DowntownHarrisburg]

Originally Posted by kathyrulli

i wanted to see if anyone can tell me my options on this problem i am having with my landlord,

I'm sorry to hear about your theft. Do you by chance have renters insurance? Did you file a police report?

I am not a lawyer, but I think your idea of suing your landlord sounds reasonable. It sounds like your apartment had a major material defect, and your landlord failed to repair your lock even after being made aware of the problem.

Familiarize yourself with Pennsylvania's "small claims" civil system (in this case, your local Magisterial District Justice). It typically costs about $75 - $125 to file a claim and have your landlord served. You will be given a hearing date, and both your and the landlord will be given a chance to state your claim. Be respectful, polite, and patient. Dress in casual business attire or better. State your facts calmly and rationally. The judge will hear both sides, ask questions, and determine how (or if) the law applies to your case.

Note that the MDJ will not award punitive damages ("I want $5000 for emotional suffering"). You must prove actual damages ("I had $200 cash in my purse, plus my purse cost $150 to replace") or liquidated damages ("As per the Pennsylvania Blah Blah Blah Act of 1985, I am entitled to $5000 in liquidated damages").

Cases like this are why you should ALWAYS make your complaints in writing via certified mail. I suspect your landlord will deny that you ever complained to him about the problem. If the complaint is sent via certified mail (with a return receipt), you have admissible proof that he was notified of the problem. The Pennsylvania Landlord Tenant Act gives you some additional tools to deal with a landlord who has been made aware of a problem but refuses to fix it -- however, you must prove that your landlord was made aware of the problem and given a reasonable chance to fix it.

Your landlord can decide not to renew your lease, which means that after your current term is up, you will need to move. However, you can only be evicted for any of the following reasons:

1) Expiration of the lease (unless the lease is renewed)
2) You fail to comply with the terms of the lease
3) You fail to satisfy any rent reserved and due

Your landlord CAN NOT evict you simply because you complained about your lock. Your landlord also can't just kick you out. He or she must follow a legal process, and at some point must appear before the judge and explain which of those reasons apply to you. If this happens, it is critically important that you appear in court to defend yourself. Your landlord may lie and claim that your rent hasn't been paid in months, and it's up to you to argue otherwise -- the judge won't demand proof on his own.

[kathyrulli]

thank you for your help!