Legal Question in Real Estate Law in Pennsylvania

lease agreements/damages

Our written lease agreement states no pets. Before signing the agreement, we told the landlord we do have a dog and he agreed to let us still rent the place. Foolishly, we did not change the written lease agreement. The landlord has been to the property several times over the last 2 1/2 years, played with the dog, never once indicating anything was wrong. Will the oral agreement stand? Is there any "implied" agreement being that the landlord was fully aware of the situation, and never showed disapproval?

Also - in the case of damages. What cost is the tenant responsible for? If work can be done by tenants or landlord at a reasonable cost, but the landlord still decides to contract a more expensive professional (ie. landscaper) - what cost is the tenant responsbile for?

Are landlords required to give a heads up on damages, if they have inspected the home before the tenants move out? To give the tenants time to try and fix the problems.


Asked on 6/28/00, 9:35 am

1 Answer from Attorneys
Murray Eckell Eckell,Sparks,Levy, Auerbach,Monte,Rainer,&Sloane

Re: lease agreements/damages

A writtten lease may be modified by an oral agreement. It will be a question of proof and credibility of the witnesses. As to damages, one is resposible for the fair and reasonable costs to repair damages for which he is responsible. If you can furnish expert testimony that the work could be done properly for less, under normal circumstances the lowest number prevails. The landlord is not required to give a "heads up" unless the lease so provides.

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Answered on 9/06/00, 8:53 am


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