Legal Question in Real Estate Law in Pennsylvania
Who yard is it anyway??
We recently relocated to the area. Have not yet found a suitable house to buy. So we rented a place. The landlord lives next door. He lets his dog run free. We are in a borough. His dog badgers my six year old daughter. Yet he will not tie him. Claims the dog will not bite but my child does not want him in her yard. Is it fair for him to say he owns the property. Therefore the dog can be anywhere it wants. We rent the house. We mow the yard. Plus the dog leaves his droppings EVERYWHERE. It is extremely hard to find another place big enough for a family of five within this school district. There was no lease signed, no mention of pets. Now he tells me I have to get rid of my pets or move. Is this all legal?? Plus other neighbors complain of his dog as well. Our pets are always contained. His is not. Why does he not have to follow the leash law??
Sincerely,
My husband is also employed as a Corrections Sargent for the state of Pennsylvania.
Thank you so much for your time. I will be awaiting your reply. As we were given a one week ultimatum.
2 Answers from Attorneys
Re: Who yard is it anyway??
The yard would be yours for the length of the tennacy. However, without a written lease he can end your tennancy the next month after notice.
Re: Whose yard is it anyway??
First off, since you do not have a written lease you are in a difficult situation, without your rights and responsibilities spelled out in black and white, there is nothing prohibiting your landlord from beginning an eviction process against you if you begin to rock the boat or not comply with his requests. Yes you are entitled to certain protections, however, as it relates to his dog on his property (I'm assuming this is a duplex and therefore he also uses the property) and without any document stating you are entitled to use the backyard you are out of luck.
You can file civily against him or contact the local dog warden for violation of the leech laws, but in reality you would find an eviction notice on your doorstep days later.
My advice is to retain legal counsel, and have the attorney discuss this matter with your landlord, also request a written lease to spell out both parties obligations, anything less and you are fighting for lost cause.
My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law
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