Legal Question in Real Estate Law in Pennsylvania

Renter Rights

Currently, my landlord has delivered a 10-day eviction notice in the form of a single typed piece of paper without an envelope to a broken mailbox. Although I am currently caught up on rent, I was 15 days late and thus received this notice full of late fee charges that I had never been filled in before. Is it illegal to pursue an eviction if renter owes only late fees? And is it also legal to charge a $50 posting notice for this piece of paper that says the company might not have taken this eviction to court?


Asked on 11/21/06, 1:49 pm

2 Answers from Attorneys

Matthew Kelly Kelly Law

Re: Renter Rights

Your landlord's rights and remedies are spelled out (or should be spelled out) in the lease. Read it. If it says landlord can charge you posting fees or fees in aid of collection than they can charge the 50. Generally the court will look at the lease to see what the LL can do. During the eviction process you will have an abiliy to cure all your defects and stop the eviction unless the lease gives ll right to terminate the lease for breach. Then their is nothing you can do if LL exercises that right properly. Look, LL's notoriously play fast and loose with the lease hoping that people like you won't understand it and just do what they want. As a general rule, LL's are no smarter about legal issues than tenants, in fact many use form leases that they do not understand. Continue to pay your rent and read the lease. If you are served with a notice from a district justice office requiring you to attend a hearing then you know things have taken a turn for the worse. Hiring a lawyer may not be an option for you, you may want to take your chances and hope the DJ is intelligent (which is a hit or miss issue)and will be able to interpret the lease in light of the facts presented at the hearing. You may win, you may lose. You can appeal to a higher (not necessarily more intelligent court). Maybe you should begin planning on moving, negotiate with your landlord for an appropriate amount of time to do it andput it in writing! Look, it seems that your LL is a jerk who just wants you out, acommodate him/her, but get two or three months to do it. Good luck.

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Answered on 11/22/06, 9:33 am
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Renter Rights

Eviction can only be effectuated through a Court proceeding. Suggest you consult a lawyer.

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Answered on 11/21/06, 2:23 pm


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