Legal Question in Landlord & Tenant Law in Pennsylvania

I recently asked you (John Davidson, Harrisburg) a question through lawguru about a landlord legally being able to refuse to renew someone's lease as a form of eviction and you seem to think it is okay. Shocking. Also, the way you answered did not refer to a law actually existing that allows landlords to do that. I'm surprised that you don't understand my concern. If I don't want to "contract" as you put it with my landlord I am legally obliged to give him a certain amount of time for him to find another tenant. Yet you seem to think that it is okay for a landlord to just force his tenants onto the street just because he "doesn't want to contract" with them. You would think that someone with a hefty law degree would get that but I guess it is true that people with brains don't always have hearts to go with them. You are welcome to answer my original question in greater detail as your answer was very vague and revealing of your own personal opinion than any actual laws that exist that do or do not protect tenants in the situation I have described. Whether you do reply or do not, I will definately tell lawguru of how unhelpful your answer was. But it's obvious that they exist only as marketing tool for lawyers and not a help tool at all. That is just a front. And I really can't call it a contribution at all. But then again maybe you are one of those lawyers who doesn't know how to help people unless there is something in it for him, namely, cash, just like most American doctors as well. Lawyers like yourself disgust me and many of the injustices and imbalances in this country can be credited to your kind. Thanks for nothing except the opportunity to speak my mind against another American harbinger of corruption and greed.


Asked on 10/29/11, 11:13 am

3 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

When a lease expires, it is up to both parties whether to sign a new one. If there is no lease, the arrangement is considered to be month to month, meaning either party can get out with 30the days notice. That's the law. The law may not have heart, but someone who tells you the law is doing just that, not giving an opinion about what the law should be.

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Answered on 10/29/11, 12:44 pm
John Davidson Law Office of John A. Davidson

Actually there is no "law" as in statutes that would apply. A lease is nothing more than a contract. There are statutes that apply to goods that's the UCC Article 2. Lease for goods but not real property are covered by UCC Article 2A.

Other the mobile home lot leases the statutes do not bestow a right on either party to continue a lease. If one party could do that what would keep a landlord from making you from being bound by lease you want to end?

Most leases have clauses that give ways that a lease may end. For example the premises burn down then the lease may end.

The freedom to contract is a fundamental right. The freedom includes the right not to contract.

I'm sorry you didn't get an answer you liked. That said if you have an issue with my response you should take up with me directly. I even do that for free.

{John}.

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Answered on 10/29/11, 5:11 pm


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