Legal Question in Real Estate Law in Pennsylvania

Good Morning,

Thank you in advance for answer my question.

I am a PA Real Estate Salesmen; I have a client who is the property owner of a rental property in Philadelphia. His property manage is becoming increasingly more difficult to employ and my client would like to know his legal rights before his terminates the employment.

The property manager is withholding rent, information and current leases from the property owner. The property owner has asked for all of the following on multiply occasions. The property owner also has asked him to replace some broken windows and floor boards in the home, to which the property manager make his claim for three months rent ( $1932, the amount the property manager is withholding from the owner).

The owner does not have a rental license in Philadelphia and is in the process of trying to obtain one. He cannot get one until code violations are satisfied, but the property owner is making it difficult for the owner to make repairs and keep the house in satisfactory condition.

I need some direction to how I should help my client, as well as the name of an experienced lawyer who is familiar with this issue.

Regards,

Brian McGlone

Weichert Realtor's


Asked on 2/15/11, 6:02 am

1 Answer from Attorneys
Sharmil McKee McKee Law Office

It sounds like it's time to terminate the agreement between the property owner and the manager. Read the agreement to determine the proper steps to terminate the agreement. If the agreement authorizes termination for no-cause, then do not list the reasons for termination. If the manager owes the owner money, then make a written demand for the money and lease. If the manager does not respond within the designated time period, then sue him or her in small claims court. The owner does not need a rental license to sue the manager. The leases are the owner's property; demand a return of the leases or sue for replevin. The owner also does not need the manager's permission or access to repair the properties. If necessary, change all the locks, keep copies of the keys, and charge the bill to the manager. Remind the owner, that he or she is in charge. The manager works for the owner. Feel free to contact me if you have more questions. Good luck.

Sharmil McKee

Attorney

http://blog.mckeeoffice.com

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Answered on 2/15/11, 2:04 pm


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