what a lawyer cab mean for a tenant in philly's landlord-tenant court loeb

by Nestor Farrell 5 min read

How do I get legal advice for a tenant in Philadelphia?

Mar 24, 2022 · If you are a low-income tenant in 19121 or 19139, you have the right to an attorney in your eviction case or your housing subsidy termination. To see if you are eligible and connect with free legal help, call the Philly Tenant Hotline 267-443-2500. Even if you do not live in those zip codes, you can call for free legal advice and possible representation!

How does the Philadelphia Municipal Court work for landlords?

Oct 10, 2019 · Freundlich & Littman, LLC, has attorneys experienced in all aspects of the landlord tenant relationship. Austin R. Freundlich, Esquire and Gregory C. Littman, Esquire handle landlord tenant negotiations and disputes in Pennsylvania and New Jersey. If you are a landlord with a problem tenant, or a tenant that has an issue with a landlord ...

What are a landlord’s rights in Philadelphia?

What are the landlord and tenant laws in Pennsylvania?

What happens at eviction court as a tenant?

The court will contact the tenant and the landlord for a hearing date, and both parties attend to present their information. The court makes a decision on the eviction and, in most cases, the landlord wins the unlawful retainer lawsuit.Feb 15, 2021

How do I take action against a tenant?

Send them a Registered Notice for vacating the home , if rent agreement is registered mention the relevant clauses of the agreement in the notice. Wait till expiry of notice period and file a police complaint for vacating the house also file a copy of notice duly served to tenants for vacating the house.

Can you be evicted in Philadelphia right now?

The City of Philadelphia's Eviction Diversion Program enables landlords and tenants to arrive at an agreement that works for both parties, without having to go to Court. This program is required as of January 1, 2022 by City Ordinance # 210920.

Can you evict someone in Pennsylvania right now?

Pennsylvania Supreme Court Order

The Order closes most courts and prohibits any eviction, ejectment, or other displacement of PA residents for failure to make payments or pay property taxes through May 11, 2020. After May 11, 2020, an eviction or foreclosure is not automatic.

What happens if a tenant refuses to leave?

Approach The Court Of Law

If a tenant disagrees to leave even after the completion of the lease period, you can approach the Civil Court, under the jurisdiction of which your property falls. You may seek the eviction of your tenant but you will have to abide by the Court's decision, whether or not it is in your favor.
Sep 30, 2016

What can you do if a tenant is not vacating?

If the tenant refuses to vacate after the expiry of the lease then you may move to court and obtain an order of eviction against him. Non-payment of rent is also a ground on which the lease can be brought to a premature end by the landlord by moving to court and filing a case for eviction.

How long is the eviction process in Philadelphia?

The Writ of Possession notifies the tenant that an eviction will take place on or after 11 days from the day the Writ of Possession is served. As a result, no eviction can take place until 21 days after the court judgment- (10 day appeal period + 11 day Writ of Possession).

What are renters rights in Pennsylvania?

Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. It must also be in good repair pursuant to the landlord's implied warranty of habitability, an implied right in every written or oral residential lease.Feb 17, 2022

Can landlords raise rent during Covid in PA 2021?

Can my landlord increase my rent now that the public health emergency has ended? No. Rent increases cannot occur until after December 31, 2021. Landlords must provide a minimum of a 30-day notice before a rent increase can occur, so higher rent cannot be charged until February 2022.Aug 25, 2021

Can a landlord evict you without going to court in PA?

YOUR LANDLORD CAN ONLY EVICT YOU BY GOING TO COURT, which usually involves these important steps: 1. Written notice. Unless your lease says otherwise, your landlord must give you a written notice before filing an eviction case against you.

Can a landlord evict you without a court order?

Can my landlord evict me without first going to court? No, your landlord usually cannot evict you without a court order. As long as you haven't abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home.May 7, 2012

How long after eviction court date do you have to move?

Tips. The eviction process can take anywhere from two weeks to several months, depending on where you live. Once the landlord has obtained an eviction order from the court, you typically have around five days to move out.May 10, 2019

How do you respond to an angry tenant?

Here are a few tips on how to respond to angry tenants:
  1. Listen – taking the time to really listen to your tenants when an issue comes up shows them that you value them and care about what they are experiencing. ...
  2. Understand – seek to understand your tenants. ...
  3. Affirm – remind your tenants that you are on their side.
•
Apr 14, 2016

What are 3 steps you can take to resolve disputes in real estate?

Here are our top 5 dispute resolution techniques any property manager should keep on hand.
  • Listen and empathise. ...
  • Be a Mediator, Record and Communicate the Facts. ...
  • Attack The Problem, Not The Person. ...
  • Timely and Effective Communication. ...
  • Learn to compartmentalise.

What are your methods of handling tenants complaints?

9 Tips for Successfully Handling Tenant Complaints
  • Communication is vital. ...
  • Stay calm, cool and collected. ...
  • Follow up on the complaint. ...
  • Be empathetic towards your tenant. ...
  • Keep it realistic, and be honest. ...
  • Remember that every situation, and every tenant, is unique. ...
  • Be available for contact. ...
  • Identify the type of complaint.

What are the complaints of the tenants?

Common tenant complaints
  • Lack of repairs or concerning maintenance issues.
  • Poor communication with the landlord.
  • Unannounced presence of landlord at the property.
  • Noisy neighbours.
  • Unwanted pests.
  • Never ignore complaints.
  • Ask lots of questions.
  • Have empathy.

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

Laws & Statutes

Conflicts between landlords and tenants are never simple. Whether you are renting an apartment or a storefront, residential and commercial leases can be complex.

Agreements

Whether you are a landlord renting a single-family home or a tenant seeking to lease a commercial property, it is important to not only understand the contract but also make sure that your rights are protected. At the very least, it is always important that you read the lease carefully before signing.

Defaults

If you have already signed a lease but are experiencing a problem with your landlord or tenant it is important to contact an attorney immediately as applicable laws and the lease agreement require specific types of notice in the event of a default.

Appeals

In Philadelphia, landlord tenant disputes are filed in Philadelphia Municipal Court. Either party has the right to appeal the decision of the Philadelphia Municipal Court Judge. If appealed, the case is transferred to the Philadelphia Common Pleas Court.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What to do if landlord evicts you?

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

What happens if you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

Does Philadelphia have snow removal?

The City of Philadelphia in particular has local ordinances which deal with snow removal responsibilities. It is the responsibility of the “owner, agent, or tenants of any building” to shovel the sidewalk on the premises. [2] . This applies only to single family residences. If you live in a multi-family residence, ...

Do you have to remove snow from sidewalks?

If you live in a multi-family residence, like an apartment building or building with more than one apartment, it is not the tenant’s responsibility to remove snow from sidewalks or other common walkways on the property. Your landlord or their agent is required to remove the snow.

What are the rights of a tenant in Pennsylvania?

According to Pennsylvania law ( Pennsylvania Landlord and Tenant Act ), tenants have certain rights, such as the right to enjoy the property without undue disturbance and the right to a habitable living space. Landlords also have rights, such as the right to collect rent in a timely manner and the right to be reimbursed for costs from damages ...

What is a lease agreement in Pennsylvania?

In Pennsylvania, a lease agreement exists wherever a tenant agrees to exchange rent for inhabiting a property. According to Pennsylvania law ( Pennsylvania Landlord and Tenant Act ), tenants have certain rights, such as the right to enjoy the property without undue disturbance and the right to a habitable living space.

Can you change locks in Pennsylvania?

Changing the Locks in Pennsylvania. Pennsylvania law does not specify guidance about changing locks. Thus, tenants may be allowed to change the locks but are not recommended to do so without asking for landlord permission first. Landlords are forbidden from unilaterally changing locks as a form of eviction.

What is the Fair Housing Act?

Protected groups. The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. These rules do not apply to owner-occupied homes or homes operated by religious organizations. Pennsylvania has state-level protected that prohibits discrimination based on age or pregnancy status.

Can a tenant break a lease early?

Early termination. Tenants are legally allowed to break a lease for the following reasons: If a tenant breaks a lease early then they may be required to pay the remainder of the lease agreement. Pennsylvania landlords are not obligated to make an effort to re-rent the unit.

Can a landlord take a tenant to court?

In these situations, a landlord may take the tenant to court to recover possession of the unit . In most areas, these housing-related issues are heard in landlord-tenant court. Here are the basics of landlord-tenant court. Note: These are general rules and procedures.

What happens if a tenant fails to appear in court?

If the tenant fails to appear in court on the scheduled date of trial, the landlord will win the case by default. This means the landlord will be awarded a judgment for possession as long as the landlord properly filled out the appropriate paperwork.

What happens if a landlord wins a case?

If the landlord wins the case, the judge will give the tenant a date by which they must move out of the unit. If the tenant is not out of the unit by this date, the landlord can pay an additional fee to obtain a warrant of removal.

How long do you have to evict a tenant?

Once the tenant receives the notice, they have a certain number of days to comply with it, depending on the offense and their state’s rules. If, after receiving the notice, the tenant does not pay the rent they owe or if they do not quit the behavior that is violating the lease, you can then file to evict the tenant.

Can you evict a tenant if they don't pay rent?

If, after receiving the notice, the tenant does not pay the rent they owe or if they do not quit the behavior that is violating the lease, you can then file to evict the tenant. Depending on your state’s laws, you may also have to send the tenant a notice that you are terminating their tenancy before you file for the eviction.

What is a tenant lawyer?

On the other hand, a landlord / tenant lawyer also helps landlords who have tenants breaking rules, such as moving out three months early or refusing to pay rent. Tenant eviction laws are very specific, with different rules in each city.

What can a landlord/tenant lawyer do?

A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit. Whether you are a landlord drawing up a lease or a renter trying to get back your security deposit, an attorney can assist in cases of all types, especially those involving illegal discrimination, property damage, ...

What is a landlord tenant attorney?

A landlord/tenant attorney can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests. We've created a list of trusted landlord/tenant attorneys to help you find a lawyer who is the best fit for your situation.

What are the legal issues with landlords?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: 1 Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. 2 Eviction, either seeking to evict a tenant or helping a tenant fight eviction and stay in their home (especially during times where additional tenants' rights/renters' rights are in effect, such as the COVID-19/coronavirus pandemic). 3 Rental agreements and lease agreements, including initial drafting and review of rental contracts, updates to the terms of the lease, and other contract-related matters. 4 Discrimination claims, including those related to housing discrimination on the basis of race, national origin, sex, religion, disability or other classification protected under the federal Fair Housing Act or other state or local ordinances. 5 Commercial real estate matters, from negotiating an initial commercial lease to litigating business disputes related to the lease or other issues. 6 Personal injury claims, if a property is not kept safe and in proper repair and someone is injured as a result. 7 Addressing tangential issues for landlords, including business law and estate planning-related issues such as business succession planning, and protection of rental property assets in a divorce or other family law matter.