Legal Question in Real Estate Law in Pennsylvania

Legal Action

What are my rights if the rental property is re-sold to a new landlord and he is now trying to take me to court on back rent and lease agreement disputes when I never signed a new lease?


Asked on 11/06/07, 11:17 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Legal Action

You asked about a rental agreement.

What rights are you talking about? The right to retain a rental property without paying the agreed rental fee. In the real world this is called stealing.

A tenant doesn't need to sign a new lease agreement. If the lease agreement expires then it automatically converts to a month to month lease upon the old terms unless there was an automatic renewal clause in which case it extends for a new term. If a landlord presents a new lease upon the termination of the old lease then the tenant can either accept the new lease or not. If the tenant retains possession then it can be inferred that the tenant has accepted the new lease with or without signature.

As for back rent, the new owner bought the property and the contracts to the property. The new owner owns the lease and all the back rent debt that has accrued.

In other words, if you have assets (bank accounts, possessions such as household goods or a vehicle) or a job, then the landlord will eventually get its money. Currently the debt is consumer debt which has a life of 4 years. But the landlord can easily get a judgment on back rent and that would last for 20 years and could be enforced through numerous, and often embarrassing means. Unless you are in a position to go bankrupt then you will end up paying the debt.

Regards,

Roger

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Answered on 11/06/07, 12:08 pm


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