Landlord-tenant Law - Final_4!10!08

8/7/2019 Landlord-tenant Law - Final_4!10!08

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LANDLORD-TENANT LAW

Community Economic Development Clinic

University of Pittsburgh School of Law


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PART ONE

SIGNING THE LEASE


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RENTAL AGREEMENTS, LEASES, AND

TYPES OF TENANCIES

A LEASE is an agreement to transfer possession of property for a fixedperiod of time, usually in exchange for rent. Terms in a lease generally donot change until the rental period has ended, but the parties to a lease canagree to modify the terms in writing before the lease ends.

A RENTAL AGREEMENT is just another name for the written contract thatdetails the terms of a lease.

It is legal and perfectly normal for a landlord to require a co-signer.

See Pennsylvania Jurisprudence 2nd (Property), 26:1


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TENANT RIGHTS

A landlord cannot discriminate based on race, sex, age,religion, national origin, family status, and handicap.

Tenant rights are protected under:

1. Civil Rights Act of 1968

Makes discriminating against an individual illegal Civil Rights Act 1982: applies only where it can be

proved that the person had an intent to discriminate

2. Civil Rights Act 1988 Amendment

Bans discrimination against the handicapped and

families with children


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Tenants Rights Continued

1. Americans with Disabilities Act

Forbids discrimination against the handicapped andrequires handicap-friendly premises

2. Pennsylvania Human Relations Act

Similar to the aforementioned federal law3. Various Local Laws

Example: Blackshear Residents Organizations v.Housing Authority of the City of Austin made it illegalto segregate the people in an apartment complex.


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3 or More Unrelated People

The city of Pittsburgh prohibits more than 3 unrelated peoplefrom living together.

Sometimes landlords will go around this law by allowing

more people to reside in the rental unit than listed on thelease.

If you are in this position, it is recommended that the tenantsnamed on the lease sign an agreement with the tenants not

on the lease to protect the rights and obligations of eachtenant. Unfortunately this agreement among the 4 or moretenants may not be enforceable because the practice isillegal in the first place. Until the City changes the law, this isat least some form of accountability.


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Pennsylvanias Landlord- Tenant Act:During the first year of lease: no landlord may requiremore than two months rent as a security deposit.

HOWEVER, PA landlords may be able to ask for advance

payment of the last months rent AND two months rent as asecurity deposit, for an amount equal to 3 months rent upfront..

During the second (or more) years of the lease: alandlord cannot ask for more than one months rent asa security deposit.

If the lease is in the fifth year or more: a landlord hasthe right to increase rent, but cannot likewise increasethe tenants security deposit.

The Landlord-Tenant Act is found at Title 68, Pennsylvania Statutes, 250.


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BEFORE SIGNING THE LEASE

Be sure to take pictures of the apartment/house beforesigning the lease,and try to have the landlord sign astatement recognizing that damages existed before thelease was signed.

You are allowed to negotiate changes to a lease including thelandlords written promise to repair damages by a certain date(Example: the move-in date)

READ THE LEASE!! Dont be afraid to ask questions if you dont understand

something

Pitts SGB provides an Attorney who can answer anyquestions


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PART TWO:

LEASE TERMS


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SUGGESTED LEASE CLAUSES(TO AVOID POTENTIAL PROBLEMS DURING TENANCY)

Security and/or damage deposit

Last months rent

Use clause (limiting how the tenant may

use the property)

Maintenance clause (spelling out who is

responsible for which maintenance) Limitation on landlords liability

Limitation on assignment of the lease

by tenant

Clause putting duty on tenant for own

insurance

Clause granting attorneys fees forenforcement of the lease

Late fee and fee for bounced checks

A clause concerning abandoned

property should be in the lease.

Limitation on number of persons living in the

unit

In a condo, a clause stating that tenant must

comply with all rules and regulations of condo

Requirement that if locks are changed, the

landlord is given a key

Limitations on pets

Limitations on where cars may be parked

Limitation on storage of boats, etc. on

property

In a single family home or duplex, a landlord

may put most of the duties for repair on thetenant

Commercial leases should include clauses

regarding factors related to the business use

of the premise


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PROBLEMATIC CLAUSES

EXCULPATORY CLAUSES

This is a clause in the lease

that releases the landlord

from any responsibility of

damages or injuries to

persons or property.

May be upheld by a court if

the intention of the tenants

to release the landlord fromliability is clear in the lease,

and the tenants have

relatively equal bargaining

power.

WAIVERS OF LIABILITY OR

RIGHTS

A clause waiving:

the tenants rights to haveguests

The tenants rights stated in

the Utility Service Tenants

Rights Act (sections 3-11)

are void and unenforceable

See Title 68 , Pennsylvania Statutes, 399


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BACKING OUT OF A LEASE

There is no law that allows a rescission period

for a lease.

That is, once a lease has been signed by both the

landlord and tenant(s), it is legally binding. There is

no right to change your mind.

Also, in Pennsylvania, you can technically agree for

a lease of up to three years orally, without a writtenagreement, so be careful what you agree to.


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SECURITY DEPOSITS

During the first year of lease, PA landlords are notallowed to ask for more than two months as asecurity deposit (which is refundable as long as thetenant does not leave any damage).

Tenants have the right to know the bank andaccount number that their security deposit is beingkept in for the term of their lease.

A landlord is given 30 days, upon termination of thelease, to provide a written list of damages to theleased property.


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Security Deposits Continued

The difference between the amount of the securitydeposit and the amount of property damage mustalso be given to the tenant with the written list.

Tenants can demand actual invoices from repairsor other proof that the repairs were made out oftheir deposit.

If the landlord fails to abide by these requirements,

a court can order him/her to pay twice the amountowed as damages.


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ASSIGNMENTS AND SUBLEASES

Unless stated in the lease, a landlord cannot prohibit a tenant

from assigning their lease to someone else, or from subletting

all or some of the premises. However, a landlord may (and

usually does) require approval by the landlord.

Sublease: the tenant enters into a new agreement with a third

party who deals only with the tenant. This occurs when the

original tenant retains an interest in the lease terms and plans

to move back in after some time.

Assignment: a tenant assigns all of their interest in a lease toanother party who takes over the tenants position and deals

with the landlord directly. If the new tenant stays for the rest of

the lease terms, then it is considered to be an assignment.


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RAISING THE RENT

The landlord can raise the rent only during a

periodic tenancy, not a fixed-term lease.

There is a one period notice period to make any

changes in the lease terms.For example, if you have a week-to-week tenancy, then

you will get one weeks notice.

Under a fixed tenancy, the landlord is

prohibited from raising the rent mid-lease. Any changes to the terms would have to be in writing, signed

by the landlord AND the tenant(s).


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PART THREE

DURATION OF THE LEASE


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Landlord Duties Continued

It is recommended that tenants notify theirlandlord in writing of any defects.

During the time of the lease, the landlord cannotescape liability if s/he knows, or has reason toknow, of a defect. Particularly, if the defect wassuch that it could have been discovered by

reasonable inspection by the landlord.


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CODE VIOLATIONS

The proper contact to report code violations

is Pittsburgh Public Safety

Common housing codes requirements to

look out for: Both hot and cold water must be provided

Working system and thermostat (65+ degrees during

heating season)

Keep the floors, stairs, porches, handrails, windows,

screens, and doors in good repair

A working fire alarm and an emergency exit that leads to

the outside of the building


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WARRANTY OF HABITABILITY

A residential tenant is automatically given awarranty by the landlord that the place is safe andlivable, and will remain so during the term of thelease. (does not need to be in the lease)

This warranty ensures that the services necessaryto the life, health, and safety of the tenant will beprovided.

A breach of this warranty means conditions must betrulyunlivable. For example, a lack of cooking gasis notsufficient, but no heat is sufficient.


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TENANTS RIGHTS AND DUTIES

RIGHTS To have guests,so long

ass/he complies withherorhisduties.

To have guestsstaywith him orheras longasthetenant isabidingbytherules.

To receive cable

television from anycompany of his orherchoice.

These rights cannot bewaived.

DUTIES To follow all regulations

set forth bytherequirements ofall

municipal, county,andCommonwealth codes.

To not permitanybody(including thetenant)todestroy ordamageany

part ofthe property To not permitany person

to disturbthe peace.


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LANDLORDS ACCESS TO THE

PREMISES Under the PA Landlord-Tenant Act, there are no

regulations that allow a landlord to access the residencerented by the tenant, unless otherwise noted in the lease.

Landlords may reserve the right to access the

apartment/house for reasons such as: Inspecting the premises

To supply agreed services

Upon agreement with the tenant, to repair, decorate, orimprove the dwelling unit.

To exhibit the residence to potential purchasers, tenants,contractors, etc.

Usually the lease should provide a notice period for suchvisits, 24 hours for example, except in the case of amaintenance emergency.


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VIOLATIONS BY THE TENANT

RENT DUE DATE: the most common violations madeby tenants are late rent payments It is important to clarify when rent payments are due.

VACATING EARLY: If the tenant breaks the leaseterms by moving out early, a landlord may do one ofthree things: End the lease and take back possession of the property

Take possession of the property for the account of thetenant, and hold the tenant liable for the differencebetween rent due under the lease and the rent eventuallyreceived

Sue the tenant for the full rent as it comes due, leavingthe unit vacant.


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VIOLATIONS BY TENANTS

(CONTINUED)

DAMAGE TO THE PREMISES: if intentional

damage is done to the property, a landlord

may terminate tenancy.

LEASE VIOLATIONS: if a tenant violates

leasing terms, a landlord may terminate

tenancy.

BOUNCED CHECKS


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PART FOUR

AFTER THE TENANCY


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PROPERTY ABANDONED BY TENANT

Generally, a tenant does not lose his or her

personal property by not removing it from the

leased premises after the termination of the

lease.


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TERMINATING THE TENANCY

--TERMINATION AT END OF THE LEASE

TERM--When the lease is over Landlords must notify

the tenant in writing that s/he must vacate

the property in the time frame given in the

notice.

If the lease is for more than one year, the

landlord must notify the tenant to vacate after 30

days. If the lease is for one year or less, the landlords

notice must specify that the tenant vacate after

15 days.


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--EARLY TERMINATION BY TENANT--

If the property is damaged or destroyed, the

tenant still has an obligation to pay rent.

If the landlord fails to comply with the lease,

the tenant may be able to move-out early.This, however, depends on if the premises are

livable or not.

When a tenant vacates early, it actually isgiving the landlord the opportunity to end the

lease, and not the tenant.


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--EARLY TERMINATION BY LANDLORD--

There are only two reason as to why a

landlord could end a lease early:

Nonpayment of rent

The landlord must first demand the rent before ending

leasing terms

Forfeiture of the lease for violation of its terms

The violation itself will not necessarily be consideredgrounds for ending a lease, but the damages the

landlord sustained.


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PITT OFF- CAMPUS LIVING

Pitt Police

3412 Forbes Avenue

In an emergency please call: (412) 624-2121

http://www.police.pitt.edu/

Off-Campus Living

127 N Bellefield Ave

412-624-6998

http://www.ocl.pitt.edu/index.html


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LEGAL SERVICES

Allegheny County Housing Authority

Public Safety

625 Stanwix St (12th floor)

File a complaint or fraud by calling: (412) 402-2502

http://www.achsng.com/depts/publicsafety.htm

SGB Attorney For Pitt Students ONLY:

Mark Galzerano, P.C.835 William Pitt Union

412-648-7970

http://www.pittgpsa.org/legal.jsp


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MISCELLANEOUS RESOURCES

(CONTINUED)

Pittsburgh Poison Center

3705 Fifth Avenue at DeSoto St

In an emergency please call: 1-800-222-1222

(412) 681-6669

www.chp.edu/clinical/03a_poison.php

Allegheny County Health Department

Housing and Community Environment3190 Sassafras Way

(412)-350-4046

http://www.achd.net/housing/commenvironstart.html


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MISCELLANEOUS RESOURCES

(CONTINUED)

Duquesne Light:

1-888-393-7100

http://www.duquesnelight.com/

Allegheny County Health Department

Offers free smoke alarms to residents of

Allegheny County.

For an installation please call: (412) -247-7800

Landlord-tenant Law - Final_4!10!08

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