Legal Question in Real Estate Law in Pennsylvania

My father died 2 years ago who was staying in rental flat with my mother which was on his name for past 50 years. Landlord of this said flat is not the owner. He had it on lease from the owner for 40 years which expired 7 years back. Still he kept on receiving the rent. After my father's death he refused to transfer the flat on my mother's name because he said that he is in legal dispute about the said flat with another landlord. That case is still pending in the court. Now my mother is staying in her ownership flat which is on her name after my father's death. Now landlord has sent my mother a evicion notice saying that rental flat is not in use for last 6 months and he needs it for his personal use. My question is this rental flat my father had from 1963, I was born and raised there. Right now I am abroad but wishes to come back. My mother spent about 50 years in this flat. She wants to keep this flat as I might move back there in future. What rights she has as a tenant and how she should respond to landlord's legal notice.


Asked on 2/14/13, 9:20 pm

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Is it a rental, or is it a co-op or condo apartment? Each would result in a different answer, and would also depend on what the documents say about rights of the occupants after the occupant in whose name the apartment was listed has died. The length of time of residence generally has nothing to do with the result. Neither does the fact that you were born there.

Whatever kind of ownership, the rent or other monthly fees must be paid. If they haven't been, that would be a cause for eviction.

Your mother should be consulting a local lawyer to advise her. If she was served with an eviction notice, she should act immediately, because there are time limits that are strictly observed, and she may be forced to leave the apartment if a court issues such an order.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 2/15/13, 6:16 am


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