Tag Archives: LANDLORD TENANT

Can I do anything about my landlord?

Q: I bought a house and am trying to get out of my lease that doesn’t end until July. I am moving in April. The landlord said he would try and rent out the apartment so I wouldn’t be stuck with the bill. They posted an add but it had been a month and I started to realize they aren’t calling anyone back. They won’t even call people I sent them from my own ad. Also, I woke up last April with my ceiling leaking. They did not fix the roof until November and my ceiling until this past February. I was unable to sleep in my room because it was unsafe. Is there any way I can sue for not being able to use my bedroom for almost a year? (Swissvale, PA)

A: There is a common-law principal of constructive eviction that allows you to not pay rent in proportion to the percentage of your property that you are by no fault of your own, “constructively evicted” from. In your case, if your bedroom is one-quarter of your apartment space, you could deduct one-quarter from your rental payment. Now, this does not always go over well with the landlord. You should be prepared to defend this in court. Photographs, copies of letters to the landlord memorializing your complaints would help your case if push comes to shove before a District Justice.

What rights and options do we have?

Q: Landlord died, no will, I have lived there for eight years, cousin got involved with an attorney so he says, and won’t give me a receipt for this month’s rent. What rights and options do we have as renters from this point on?

A: Your rights will be stated in your written lease. If you don’t have a lease, or no current lease, your tenancy is month to month and you could be required to move with as little as thirty days of notice to you. Pay with a check, not cash. The check is your receipt.

Can I move into my deceased mother’s home since I paid some bills?

Q: My mother passed away the 26th of January and I have been helping her pay her bills. She has a roommate that is being a pain and is telling me I’m not allowed to move in. I have paperwork saying that I have been helping her and so forth. Her roommate is not on the lease and wasn’t helping. Do I have a leg to stand on or do I have to go to civil court?

A: If you are not on the lease, I do not believe you have a legal right to move in. Helping to pay her bills unfortunately will not give you any rights to be a tenant. If the roommate is not on the lease, then he or she is likely to be on a month to month lease. Unless the roommate agreed to pay the bills that you paid, I do not thing there are grounds to sue the roommate.

Can a Landlord evict a Tenant for smoking inside the unit?

Q: I was told the tenant only smoked outside, not in the house. Found out that isn’t true. Is there anything I can do about this? I rent to a woman (A) who I was told is a smoker, but ONLY outside the premises. Her AA sponsor, we’ll call her (B), is financially responsible person for the lease and (A) is the only tenant. (A) has been in the house a few days and I discovered ashtrays filled with cigarettes during a service call. I called (B) and questioned the smoking and (B) said (A) smoked outside when (A) lived with (B), because (B) is allergic to smoke. I felt deceived. I trusted (B’s) statement. (A) is mad because she feels she pays rent/utilities and it is HER house and she can smoke if she wants. How can I go back to the “No Smoking” rule in the house, when it was a verbal statement, not in the lease? If (A) is paying (B) money for the rent that is subletting and not allowed by lease. What should I do?

A:   If the lease is with A or B and the smoking prohibition is not in the lease, you may have a problem evicting based upon a breach of contract or violation of the lease. You saying that you were told that A only smokes outside doesn’t really help as A apparently never made a verbal promise to you. Even if A told you directly, a court may view the lease contract as superseding any verbal statements. I would send her a letter by certified mail informing her that she is not to smoke inside the unit and will be held accountable for all damages including carpet, drapery and fabric cleaning and painting and any other treatments are needed to get rid of smoke. Inform her that damages will be taken from her security deposit and she will be sued if there is a balance owed. Perhaps this will cause a change in her smoking habits. If you really cannot tolerate the smoke, which is understandable, go through with the eviction process with the understanding you may lose money on this deal.

Neighbor is disturbing the peace

Q: I press charges against my neighbor for intentionally disturbing the peace because he’s bitter about being evicted. I live in an apartment that I can’t sleep in because he is so loud. But when I am here I call the cops whereupon he gets louder. The landlord has given him 30 days notice to evict but by law he can’t do much else. This guy is intentionally setting his alarm clock to go off after he leaves (all hours of day and night) and when he is here he invites people over to drink and party and generally be loud. He doesn’t work so he does this all the time. I’m under lease so I cannot move without breaking that contract. This has been going on for 2 months. I can’t wait 30 more days. Can I simply press charges and/or have him fined for this behavior? Civil court or claims court is too costly and time-consuming. By then he’ll be evicted. I need a quick solution to an unfair situation.

A: Yes, you can see if the police will take a complaint. You can record the noise electronically or call the police to come over when he leaves the alarm on, so they can witness the disturbance. The better evidence you have, the more likely a criminal case for harassment or disorderly conduct can be proven. If the police won’t take a complaint for Disorderly Conduct or Harassment, you can see if the DA at the local District Justice office will take a Private Complaint. Remember, you will have to face him in court and this may all be over in 60 days when he is evicted.