Leases & Rental Agreements Attorney in Pittsburgh, Pennsylvania 

Renting a residential or commercial property can be a challenging and costly decision to make. Whether you need rental property to live or do business, a well-drafted lease or rental agreement should never be overlooked. Unfortunately, many tenants and landlords who use lease and rental agreements do not understand the terms they agree to.  

As a lease and rental agreements attorney at Marc V. Taiani, Esquire and Allegheny Attorneys at Law, P.C., I assist clients throughout the state of Pennsylvania with drafting, reviewing, and negotiating lease and rental agreements. With an office in Pittsburgh, Pennsylvania, my law firm serves clients in Fox Chapel, Shaler Township, Penn Hills, Aspinwall, O’Hara Township, Oakmont Borough, Indiana Township, Ross Township, and the rest of the state. 

The Difference Between a Lease and a Rental Agreement  

Many people mistakenly believe leases and rental agreements are the same thing. While there are many similarities between renting and leasing, they are not the same. The most significant difference between a lease and a rental agreement is that the latter is not a long-term contract. Typically, rental agreements cover a short term and occur on a month-to-month basis. Lease agreements, on the other hand, cover long periods, usually 12 months.  

A third, less common type of agreement, is called a “rent-to-own agreement.” As the name suggests, the agreement allows the tenant to purchase the property. Essentially, it is a standard rental agreement with an added option to purchase.  

The Importance of Using a Written Lease or Rental Agreement  

Reasons to have a written lease or rental agreement include: 

1. Avoid disputes. When the terms of the lease or rent are not in writing, legal disputes and disagreements between the tenant and landlord are more likely to arise.   

2. Compliance with the law. According to the Consumer Guide to Tenant and Landlord Rights by the Pennsylvania Office of Attorney General, state law requires leases for longer than three years to be in writing.  

3. Security deposits. Without a written lease or rental agreement, a tenant may have a harder time returning a security deposit or proving that any amount of money was withheld by the landlord.  

4. Clarification. Having a written agreement in place helps clarify the terms of the lease or rent to prevent avoidable conflicts and misunderstandings between the landlord and tenant.  

Although Pennsylvania law recognizes both oral and written lease agreements, written agreements provide the best protection. 

What to Make Sure Is Included in a Lease or Rental Agreement  

When drafting or reviewing a lease or rental agreement, make sure that it includes the following terms: 

• The names of the parties 

• The address of the rental unit 

• The length of the lease 

• Requirements for the rent payment 

• The security deposit amount 

• The utilities the tenant is responsible for paying 

• The procedures for renewing the lease 

• Whether the tenant can break a lease early 

• Whether the tenant can sublease 

• Whether pets are allowed 

• Other rules and procedures the tenant and landlord would be required to follow  

A rental or lease agreement may also contain other clauses. Get legal counsel from an experienced lease and rental agreements attorney in Pittsburgh, Pennsylvania, to help you draft or review the agreement before signing it.  

Breaking a Lease  

Under Pennsylvania law, if a tenant voluntarily moves out before the end of the lease, the tenant may be responsible for continuing to pay rent until the lease expires or until a new tenant occupies the rental unit. The only exceptions to this rule are: 

1. The lease or rental agreement allows the tenant to break a lease before the end of the lease; or 

2. The landlord breaches their obligations, which warrant early termination.  

If you and your landlord have disputes regarding the early termination of the lease, contact a skilled attorney to get legal assistance and protect your rights.  

Landlord Tenant Law – LL/T Leases

To ensure that your rights are protected when you rent a residential or commercial property, it is important to have a lease agreement that covers all potential circumstances. AAAL – Allegheny Attorneys at Law, P.C. has the knowledge and experience with Pennsylvania law to advise you on the lease, whether you are a landlord or a tenant. If you are drafting, negotiating, or signing a lease, AAAL can help you understand the obligations created by the document or include the necessary terms and precautions to protect against any and all unexpected surprises.

Landlord Tenant Law – Evictions

Magistrate Hearing

In Pennsylvania, Magisterial District Courts are courts of original jurisdiction for Landlord-Tenant disputes (except matters involving title to real estate) and for civil disputes involving $8,000.00 or less, in addition to serving other functions. The people within a district elect Magisterial District Judges for six-year terms.

Filing suit at Magisterial District Court is often the quickest and most effective way to regain possession of a property or recovery funds due under a lease. At a Magistrate Hearing, both parties have an opportunity to testify and present evidence to the Judge. AAAL will represent your interests at a District Magistrate hearing for a flat fee as low as $500.00.

Arbitration

In the context of Pennsylvania Landlord-Tenant disputes, an arbitration is an equitable legal proceeding adjudicated by a panel of attorneys. Actions for money damages where the amount in controversy is less than a prescribed jurisdiction amount, e.g. $25,000.00, must first be submitted to and heard by a panel of arbitrators before the matter can proceed to a Court of Common Pleas Trial.

Landlord-Tenant disputes may be determined by arbitration if a party appeals the decision rendered by a Magisterial District Court or if the action is initially filed with the Court of Common Pleas, Arbitration Division. Arbitration requires the drafting and filing of complex legal pleadings and a skilled legal practitioner to conduct the hearing. AAAL will represent your interests before the Court of Common Pleas, Arbitration Division for a flat fee as low as $1,250.00.

Court of Common Pleas

The Courts of Common Pleas are the trial courts of Pennsylvania. Major civil and criminal cases are heard in these courts. Judges also decide cases involving adoption, divorce, child custody, abuse, juvenile delinquency, estates, guardianships, charitable organizations and many other matters.

If a Landlord-Tenant dispute is appealed from the Court of Common Pleas, Arbitration Division the matter will proceed to either a Judge or Jury Trial before the Court of Common Pleas, Civil Division. Additionally, if the case involves a dispute over the title to some real estate, e.g. land installment contract disputes, the case MUST be initially filed before the Court of Common Pleas Civil Division.

Conducting a trial before the Court of Common Pleas requires an experienced trial attorney to draft pleadings, conduct discovery and litigate all aspects of the case. AAAL provides representation before the Court of Common Pleas on an hourly basis at competitive rates.

Superior Court

The Superior Court is one of Pennsylvania’s two statewide intermediate appellate courts. This court reviews most of the civil and criminal cases that are appealed from the Courts of Common Pleas. The court often is the final arbiter of legal disputes. Although the Supreme Court may grant a petition for review of a Superior Court decision, most such petitions are denied and the ruling of the Superior Court stands.

Decisions rendered by the Court of Common Pleas are reviewed by the Superior Court to determine if the trial court made an erroneous legal ruling. AAAL will represent your interests before the Superior Court on an hourly basis at competitive rates.