Legal Question in Wills and Trusts in Pennsylvania
I was asked to move into a friends basement... I had to buy the materials and build the room in the basement. Well we had an oral agreement that I would get 3 months free and $200/month. Then They tried raising my rent to $400/month and saying I missed two months(the two of the three months they promised, would be free!) I want reimbursed for the money I spent on the materials. They said good luck better get a Lawyor. Is there anything I can do to get the money back? Thank you
P.s. I'm on probation and want to just go in and take the lights and doors I bought! I have all the receits from building the room
1 Answer from Attorneys
Why is this in Probate? This is a landlord tenant question. First, did you have a written lease at all, not a verbal one? Read the lease. If oral, what exactly were the lease terms besides the rent provisions?
The answer to your question generally is no. Leases provide that if you improved the landlord's property, the improvements belong to the landlord. You could try and seek recovery based on an "unjust enrichment" theory and argue that you unjustly improved the defendant's property. Whether the retention of the improvements is "unjust" will depend on how the caselaw defines unjust. It generally means that it cannot be fair for the landlord to keep the benefit of the materials and labor you expended. I am not sure if the retention here was unjust because you did get to live on the property. Also, he might be able to counterclaim for the unpaid rent and the worst of both worlds would be for you to lose your case and be liable for the unpaid rent. Pennsylvania does have wage garnishment for unpaid rent.
Has he evicted you from the property already and/or sued you for back rent?
I do not know what the materials cost but you ought to consider whether to sue. If you have less than $8,000 in the property and decide to go ahead, try small claims first. Good luck!