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:
The tenant has not paid rent owed in full. The tenant’s lease term is up, and the landlord wishes to put the property up for rent or sale. 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.
Tenant does not leave the property at the end of the lease term. Tenant breaks any of the terms and conditions of the lease. 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.
By: Jane Muder
Posts Tagged ‘Maximum Length’
Landlord-Tenant Relations in Pittsburgh, PA
April 8th, 2010State law FAQ
December 7th, 2009Why can’t every law abiding citizen carry a concealed weapon to protect ourselves against human predators?
It seems to me humans are just animals with laws. It should be a human right to protect myself and my family with any means necessary regardless of state law. I can’t carry a concealed weapon in liberal ** Rhode Island without being.
If a company sends me a package I did not request, am I obligated to return it?
I bought a laptop from Refurbdepot.com. It was delivered with hardware problems. I sent it back and clearly asked for a refund in my emails. If they send me a replacement, am I legally obligated to return it? Depends on state law.
If HIPAA rules are stricter than state law, which standard should you follow and why?
And what if the state law is stricter? You always follow the stricter of the two sets of laws; that way, you know both sets of laws are satisified. – XIV Amendment .. – I always went with the strictest regulation and the strictest.
IF I’M DRIVING A 20′ BOX TRUCK, is it allowed by texas state law to pull a 20′ trailer?
Yes. – ? 621.205. MAXIMUM LENGTH OF VEHICLE COMBINATIONS. (a) Except as provided by this section, a combination of not more than three vehicles, including a truck and semitrailer, truck and trailer, truck-tractor and semitrailer and trailer, or a.
In california is there a law against placing flyers on the windshield of vehicles?
Yeah you’d only really get in trouble if you distributed your flyers on Private Property. – Not a state law but there could be local governing laws about litter and stuff! – I do not know of a specific law that says flyers are.
In the state of Wisconsin, are there any laws that an employer has to give a lunch or a break in an 8 hour day
This is a state law issue or federal law, not sure and would appreciate a direct answer, not a guess. Thank you Per the Wisconsin Department of Worforce Development employers are required to give.
Is it an felony under state law in Virginia(commonweath) to trade/sell a registed handgun?If not a felony what
I traded my registed handgun. And was arrested for selling /tradeing to an felony. Like also an month atfer I traded it. An they didn’t or haven’t told me who I gave it to.But to my knowledge he’s not an felony..
Is it legal to film a visitor on a cam corder in your own home without their consent?
See the Protection from Harrassment Act 1997 and Article 8 Right to Privacy – Human Rights Act 1998 – Yes, Unless some local or state law prohibits it. – with their clothes on or off?? On business premises you must.
Is weed really legal in Denver and are their any other states that is legal?
Also what are the rules, where do you buy it, where can you smoke it.. Denver did legalize marijuana, but Colorado did not. Since state law overrules city law, it is technically still illegal. And no there are no other states where it is.
law enforcement fails to uphold a state law?
‘California state law. Any sworn law enforcement official who willingly chose and fails to uphold a state law a law is guilty of a misdemeanor. Any citizen can charge and file a complaint on any enforcement officer who does that The district attorney willfully and failing to bring charges and prosecute.
My neighbors are baiting my chickens onto thier property in order to kill them, where r the laws against that?
I live in Hawaii, so I need a Federal law or a state law, thank you 
I had them right here until old Foghorn went poo poo on it and I had to throw it away. So the.
Under the UCMJ and Air Force laws is it legal to date a person not 18 but legal by state law?
By the UCMJ a military person can date a person 16 years or older. Although also by military standards you must adhere to local/state laws. If the state age of consent is 18 the youngest you can.
What are the repossesion laws in Connecticut?
I need an answer asap please! Thanks! Check with the State Attorney General Office. Try them on the internet, under ‘Consumer Protection Division’. Every state has one, and it is their job to enforce state law with regard to credit issues. They will cover your issue for free, if you can show.
Can a state judge review constitutionality of a state law, or can only federal courts/judges can do so?
I am particularly interested in NY State. Which constitution, state or federal? State court judges can review the constitutionality of a law under state or federal constitution. Federal judges can do similarly, although they may seek the opinion of the state.
What is an Initial Pretrial Conference?
What is an Initial Pretrial Conference? I am asking in reference to Arizona state law. An Initial pretrial conference is when you bring your calender and sets lots of dates and deadlines for status conference, mediation, and evidential trial. You should discuss a gameplan with your lawyer and already have goals for settlement..
what is New york state law on property concerning reverse possession?
we own property and are rebuilding a house on it. We had a recent survey showing that our neighbor has only 14 inches of property attached to his house. There is a plant box that extends 36 inches beyond the neighbors house. We need to cut the the.
What is the approximate jail time for armed robbery?
The penalties for armed robbery are determined by state law. The penalty in California may be different than the penalty in Texas. You need to specify where you are from to get the proper answer. Also, the sentence may depend on many factors in the discretion of the judge..
what is the power of federal over state laws?
The Constitution gives congress the power to make laws. States can also pass laws specific to there jurisdiction as long as the state law does not violate federal law. In cases where there is no federal law, states are free to come up with their own. An example that.
What is the wierdest state law you have heard of/read about?
Here in UK in my hometown men can have an afternoon off work to practice the longbow. In the UK as a whole it is legal for a male to urinate in public, as long it is on the rear wheel of his motor vehicle and his.
What law requires me to have an I.D. as an American without any added circumstances – ie Driving, working etc.
I’m asking on basis of law. (Yes I understand life would be tough without identification because ’state law’ requires it for driving / working etc). I just want to know what exact law requires me to go into a.
More State law questions please visit : LawFreeFAQ.com
By: lawfaq
