Over the last ten years Pennsylvania has made several modifications to its Landlord / Tenant law in order to allow for greater protection to both parties. The basis behind any Landlord / Tenant relationship is that of the lease agreement. Most Landlord / Tenant relationships involve written contracts or leases, but in some cases a verbal agreement is also sufficient and binding.

Therefore, it is imperative that anyone who is entering into a Landlord / Tenant relationship have an attorney review the written lease. A poorly worded lease can mean the difference between winning and losing a Landlord / Tenant case. We at AAAL - Allegheny Attorneys At Law will sit down with you whether you are a Property Owner or Tenant and explain the benefits and pitfalls to your lease obligations.

Pennsylvania Landlord / Tenant Law provides for any Landlord or Property Owner who wishes to evict a Tenant to receive an Order of Possession, failure to do so will prohibit an owner to evict a tenant. If a Landlord or property owner personally and forcefully evicts a Tenant without an Order of Possession the landlord can be held civilly responsible for any and all related damages to the Tenant. This type of action is sometimes called a Self-Help Eviction and in Pennsylvania such evictions are considered ILLEGAL!

In order to avoid the aforementioned problems Landlords are required by law to:

1.) File with the Court in order to gain an order of possession they can also seek monetary damages from the Tenant at this time as well, but this must be placed in the initial complaint. Failure to include alleged damages will require the Landlord to file an additional suit with the Court.
2.) Upon receiving an Order for Possession a property owner must then give a Tenant at least ten (10) days if residential and fifteen (15) days if commercial to vacate the premises. Appropriate notice, as governed by the laws of Pennsylvania, must also be given to the opposing side.
3.) On the eleventh (11) day or the sixteenth (16) day, a property owner can then have the local Constable remove any remaining persons from the property.
4.) PLEASE REMEMBER if a Tenant appeals the determination of the initial Court within ten (10) days after the initial hearing, an Order of Court may be suspended, pending the appeal process!

In Pennsylvania Property Owners and Landlords have the right to:

A.) Right to receive monthly Rental obligations;
B.) Right to receive rent on time;
C.) Right to have a Tenant sign a written lease;
D.) Right to have a Tenant move out on time;
E.) Right to money damages for any damage done to your property;
F.) Right to conduct safety inspections on the property (if mentioned in the lease.)
G.) Right to request an initial security deposit;
H.) Right to terminate lease (under certain conditions and situations)
I.) Right to withhold a security deposit if damage to property;
J.) Right to request a credit check;
K.) Right to Appeal the Initial Court determination!

In Pennsylvania Tenant’s have the right to:

A.) Right to request a lease be placed in writing;
B.) Right to a Habitable Environment;
C.) Right to Safe and Clean Housing;
D.) Right to Privacy;
E.) Right to Inspect the property before signing any lease;
F.) Right to stay in the residence for the duration of the lease;
G.) Right against any Self-Help Eviction;
H.) Right to a return of the Security Deposit within 30 days after vacating the residence;
I.) Right against any rent increase during the lease period;
J.) Right to terminate the lease (under certain conditions and situations);
K.) Right to a Court hearing prior to any Eviction!
L.) Right to Appeal the initial Court hearing!

AAAL - Allegheny Attorneys At Law will help you through whatever Landlord / Tenant problem(s) you may encounter, we have the knowledge and experience to walk you through this difficult and frustrating field of law. Please feel free to contact us at your earliest convenience at 412.731.0865 or at Marc@AlleghenyAttorneys.com.