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Ask A Lawyer
Question: Are we legally required to accept cash rent payments by our tenants? That is, if they come in to pay on-time rent, and they bring cash, are we legally prermitted to deny cash and request another method of payment? I have heard conflicting statments (some say we must accept it; others we can deny it) and want to verify the legality of cash rent payments in Pennsylvania. Answer: Absent a provision in your lease to the contrary, you are not required to accept cash payments from your tenants. However, if you intend to enforce this, you should put your tenants on notice of your policy, and have it prominently posted in your rental office. I have even seen a "no- cash" provision in leases, which is a good idea. I have seen on occasion a magisterial district judge refuse to enter a judgment for non-payment of rent when the tenant testifies that rent was tendered in cash and refused. In those cases, though, typically, the landlords did not have clearly posted policies regarding cash payments. If you have a clear policy that has been communicated to your tenants, you should not have any legal issue with refusing cash payments. Question: How Long do I need to keep a tenants belongings after eviction? Answer: There is no easy answer to this question. At present, we have no statutory or case law that provides any hard and fast rule. There is a bill currently pending, or expected to be introduced shortly, in the Pennsylvania General Assembly that addresses this. But, whether or not such a bill will pass is up for debate. Generally, we recommend that you keep the property for a "reasonable time" after the tenant has been notified that he left property behind. Usually, thirty days would be considered reasonable. The problem is knowing when that time period begins. If you send the tenant an abandoned property letter via certified mail, and the tenant receives the letter, the time period reasonably can begin on the day of receipt. But, if you do not know whether the tenant has received the letter, such as if it is sent via first class mail, or if the certified mail receipt does not bear the signature of the tenant, the start date for the reasonably time period is harder to determine. Worse yet is when you are unable to deliver an abandoned property letter to the tenant. In that case, does the reasonable time period ever start? Because each case is determined on its facts, there is no hard and fast rule that I can impart. What I always say to clients, though, is this: If you get sued by a tenant whose property you have thrown away, you will need to be able to convince a judge or jury that you have done everything you reasonably could have done to (1) notify the tenant of the abandoned property, and (2) get the tenant to remove it. If you cannot do this, then you could be found liable for the value of the tenant's property. Question: Can we non renew residents? For example residents who complain constantly? Answer: Absent a provision in the lease, a landlord has no obligation to renew a tenant's lease. Thus, generally, unless the reason for non-renewal is based on illegal discrimination, a landlord can non-renew for any reason. Question: How long after we evict a tenant do we have to hold their furniture and personal items? Answer: This is probably one of the most asked questions, and the one with the least certain answer. The first question is whether your lease has any provision regarding abandoned property. The second question is whether you know to where the tenant has moved. If you can serve the tenant with a certified letter advising that he must remove all of his property or it will be deemed to have been abandoned, you may be able to establish an abandonment if he does not retrieve the property within thirty days. The real problem is when you are unable to serve the tenant with notice. In that event, I advise that you consult counsel to assist you through the web of issue that confront you. Question: How can I evict someone if I do not have a lease? Answer: The eviction process without a written lease is basically the same as with a written lease, except that you must serve on your tenant certain notices required by Pennsylvania law. First, you should provide a notice that your tenant is in default of the lease and, if the default is one that can be cured, give your tenant a reasonable period of time to cure it. While this notice is not specifically required by law, most District Judges want to see that you provided a default notice prior to initiating an eviction. Second, if the default is not cured, or it is not one that can be cured (e.g. the lease term has ended), you must serve on your tenant (via hand delivery to the tenant or by posting on the property) a notice to quit. There is then a waiting period before you can file the eviction complaint. If the default is nonpayment of rent, then you must wait ten days before you can file the complaint. If the default is for some other reason, you must wait fifteen days if the lease term was for one year or less, or thirty days if the lease term was for more than one year. Upon the expiration of the wait period, you can file an eviction complaint at your local Magisterial District Judge's office. The staff there will usually assist you in the process. (Note, I have presumed that your tenant is not a mobile home park resident. If he is, then there are some differences that you will need to be aware of.) Question: I cosigned a lease for my son and daughter in law. They received an eviction notice due to rent being late by a few days, which they later paid. The landlord still decided to go ahead with the eviction since she was afraid this would happen again. They are completely up to date with rent, and are in the process of moving into another place. My question is should I have been notified of their eviction. I was not, I was told after the fact. I am on the lease again as cosigner. Answer: Without seeing the document you signed, I am unable to provide you any guidance in this. The obligations between a landlord and a co-signer are governed by the document you signed. Whether or not you were entitled to notice depends on what the document says. It is not unusual, however, for such documents to provide that the landlord is not obligated to provide such notices to co-signers. Question: My fiance and I rent a house from a family. They have decided to sell the house. Are they required to the terms of our lease until the lease is up? Also if we find somewhere else to live in the meantime are we held accountable for the rest of the rent? Answer: When a landlord sells his property, the buyer takes it subject to all existing leases. Thus, the buyer must honor the terms of the leases, and the tenants remain bound to the terms of the leases. Question: If a handicapped parking space is already provided directly in front of the apartment building are we required to add additional handicapped parking spaces if a future tenant requests this in writing? Is there a way for us to cancel a future tenant's application once they have been approved? Are we able to refuse to rent to someone for any reason once they have an approved application? Answer: The number of handicapped parking spaces needed depends on many factors, such as the size of the complex, the total number of parking spaces, the total number of tenants and the number of tenants who need handicapped parking spaces. Many local ordinances contain requirements on the number of required spaces. With or without a local ordinance, the fair housing requirement is a question of reasonableness. If you refuse to add additional spaces, you will need to be able to prove that your decision was reasonable under all of the circumstances. Without seeing your rental application, I am unable to answer with certainty your second question. Generally, however, applications do not constitute enforceable contracts. Thus, unless your application provides for some contractual obligation to enter into a lease agreement, you can probably refuse to rent to someone, even if their application is approved. I suggest, however, that before you take this action, you have a lawyer review your application documents. Question: According to fair housing laws, what is the maximum occupancy in an apartment? Is it based on square footage or the number of bedrooms? How is that determined? Answer: There is no clear cut answer to this question. HUD issued a memorandum some years ago (the infamous "Keating Memo") suggesting that a good rule of thumb is two people per bedroom. However HUD recognized that this rule of thumb may not always be reasonable. For example, in a large rental unit, more than two people per bedroom may be appropriate, whereas in a very small unit, two per bedroom may be too many. There are some building codes that suggest a square footage analysis, while others take into account the layout of the rental units and number of bedrooms. I suggest that you check with the Codes officer for your municipality to see if the local ordinances contain any guidelines. If they do, you are probably safe if you are in compliance with them. If there are no local ordinances in effect, then you should consult with legal counsel to discuss your precise situation and to develop an appropriate occupancy policy. Question: I recently learned that an apartment house was built before 1978. What is the best way to disseminate the required information about lead paint that will decrease my liability? May this be done when renewing the leases? Answer: The best way to notify your tenants is by disseminating the lead paint pamphlet that is put out by HUD. You can likely find a copy of it online, or by contacting HUD. It is possible that the National Apartment Association may be able to provide you a copy of the pamphlet. As for the timing, you should provide your tenants a copy of the pamphlet as soon as possible. I do not suggest waiting for the renewals. Question: A dispute has arisen with our tenant. The lease is silent on lawn care, and we think the tenant should be responsible for it. What does the law require? Answer: Generally, if the lease is silent and there are no oral agreements to the contrary, all maintenance and repairs are the tenant's obligations. However, if the landlord has routinely maintained and made repairs to the property throughout the period of the tenant's occupancy, the tenant may have an argument that, by the landlord's actions, he has undertaken the responsibility. Question: It is legal to charge a 10% late fee for rent that is then compounded monthly? We charge a 10% late fee on the 6th of each month on all outstanding balances due, even fees from previous months. Does that violate the PA usury laws? Our lease only outlines the 10% late fee but does not mention it will be compounded monthly on outstanding balances. Answer: Most judges will not honor a late fee provision that appears to be a penalty. Accumulating late fees, at some point, clearly become punitive and would be deemed to be penalties. Furthermore, if the lease does not clearly provide for the accumulation, most judges will not grant them. Question: We manage Affordable housing properties. We have a tenant who gave his thirty day written notice to site manager. He did not return his keys. He has returned to the property and wants to remain in the apt again. He was gone six weeks. He did not pay a full months rent. Can we refuse to let move back in the apt? Answer: It sounds like the tenant has not abandoned the property. As such, he is entitled to possession until you follow the legal course of evicting him. If you refuse to allow him back into the apartment, you may be guilty of a self-help constructive eviction. Question: I have an application here for a gentleman who is moving to this area from New Jersey to attend college. He is coming up with his roommate and friend, and his mother has agreed to co-sign for him. The only problem is - he's still 17, and won't be 18 until January. I know he legally can't sign any documents that would be binding at his age, but can he still reside in the apartment with a parent's written permission? Answer: An individual who is under 18 (and who is not legally emancipated from his parents) does not have the legal capacity to enter into a contract. Thus, it is quite possible that if you have the student sign the lease, the parents' guaranty may be worthless. That is, it could be argued that the guaranty only applies to his obligations. Since he has no legal obligation to perform the contract, there may be nothing to which the guaranty can attach. To cure this problem, I might suggest having the parents sign the lease as the "tenant" and allow the son to reside there as an authorized resident. Once he turns 18, you can terminate the first lease and execute a new one with him. Question: I was told that the maximum amount a landlord may charge for an NSF check is $20, unless our bank charges us more. Is this true? Answer: On occasion, I hear this, too. However, I have never been able to locate any law that limits the amount a landlord can charge for a NSF check. There is a provision in the Pennsylvania Crimes Code that sets a maximum charge for bad checks (at $25, I believe). While the Crimes Code does not apply in the case where you are merely assessing the charge to your tenant, some District Judges apply the limit in the Crimes Code to landlord charges. At a minimum, you should be able to charge your tenant the amount that your bank charges you. Question: I have co-signed for my son and his girl friend which has a 3 yr. old. They have not paid 1 months rent yet. They are both in rehab and the child is with the mothers parents. I told him we were giving the 30 day notice (this is a month to month lease) and that they could move into our home until the apartment bldg we are purchasing was ready to move in. They came to us for help to detox and I talked them into going into rehab they gave me the keys to the apartment. What are my legal rights all the furniture is mine they only have their clothing and the child's toys. Can I remove my belongings and what do I do if they say they are going back to the apartment. Answer: Your rights as a co-signer are somewhat limited. While, as a co-signer, you are obligated, among other things, to pay the rent if your son does not, you have few or no rights to the apartment. The landlord is not obligated to provide you access to the apartment, and you have no right to terminate the lease on behalf of the tenant. Only the tenant can terminate the lease. If the lease has a month-to-month term, you should notify the landlord in writing that you are no longer willing to be a co-signer at the end of the current term. Depending on what the lease says, this may be effective to terminate your financial obligations under the lease. However, many leases provide that a co-signer's obligation lasts, even from renewal to renewal, until the lease is finally terminated. Your notification to the landlord that you no longer wish to be a co-signer may result in the landlord terminating the lease. In that case, your obligations will cease at that point as well (but not for any rent that has already accrued). If this does not happen and your son re-enters the apartment, your continuing obligation will depend on what the lease says about your guaranty. Getting your belongings is another matter. If the landlord will give you access to the apartment, you are certainly free to remove your belongings from it (subject, of course, to whatever agreement you may have with your son regarding his use of your belongings). However, many landlords will not provide access to anyone other than the tenant. If this is the case, a letter signed by your son directing the landlord to allow you access should suffice. Or, your son can simply give you a key to the apartment, and you can then enter to remove your belongings (again, subject to whatever agreement you may have with your son regarding his use of your belongings. Question: After a tenant moves out of a home, is it proper to file a landlord / tenant case for damages and past due rent or should a civil case be filed at that point? Since the landlord / tenant relationship has ended can we sill file under an L/T at the DJ? This final filing will be used for collections and wage attachment processes. Answer: Once the tenant has relinquished possession of (abandoned) the property, it is usually improper to file the Landlord/Tenant complaint form. The L/T complaint form presupposes that possession is still in the tenant. Where possession has been turned back to the landlord, the Civil Action rules apply, and the landlord must use the Civil complaint form. If the landlord is not sure whether the tenant has relinquished possession of the property (for example, when the tenant has left belongings in the property), then it would be appropriate to use the L/T complaint form. It is important to remember that the mere vacating by a tenant may not mean that the tenant has relinquished possession back to the landlord (i.e., abandoned the property). In order to establish the relinquishment/abandonment, a landlord must be able to prove that the tenant intended to relinquish/abandon not only possession of the property, but all of the rights he has under the lease. In many cases this may be difficult to prove. In these cases, it might be proper to use the L/T complaint form. Question: When tenants abandon their mobile homes and the mortgage company reclaims the property, why can't we charge them the bad debt in order to sale or move the home off of private property? Answer: The mortgage company is not liable to the owner for the lot rent because there is no contractual obligation for the mortgage company to pay. Furthermore, a foreclosure may not constitute a sale, as prohibited in your rules. If the abandoned mobile home remains on the property for more than a reasonable period of time, you might have a claim against the mortgage company for the rental value of the lot on the theory that due to the bank's unreasonable delay, you were unable to re-rent the lot. Keep in mind, too, that as the landlord, you have certain rights to remove the mobile home in the event of a default. While this may cause you to incur expenses that you are not ultimately able to recover from the defaulting tenant, it at least frees up the lot for re-rental. Depending on the terms of your lease and the circumstances of the tenant's vacating, you also may be entitled to hold the tenant liable for the lost lot rent until the mobile home is removed. Question: On a rental application, say for example, one college student is applying. He/she will need a co-signer for income reasons, can a rental community require that the person co-signing (mom) also make the husband co-sign (dad) on the lease? Even if only one person qualifies on their own. For example mom applies to be a co-signer but will not be allowed to be on the lease without the husband regardless of whether she qualifies or not? Answer: There do not appear to be any provisions in the state or federal fair housing statutes that prohibit a landlord from requiring that both parents co-sign or guarantee the lease. The only protected class that even comes close to this inquiry is familial status. However, the protections of the familial status class is intended to prevent discrimination against families who wish to rent apartments. Hence, not only does it appear to be proper to require both parents' guarantees, it makes good business sense. That is, if only one parent is required to guarantee the lease and the tenant defaults, the parent's assets are exempt from execution to the extent that they are owned jointly with his/her spouse. Question: Upon completing a work order recently my maintenance men were informed that they were video taped by the resident. Nothing irregular happened but I was curious. Can you tape someone without their permission? Answer: Under certain circumstances, federal and state wiretap laws prohibit the audio recording of others without their permission. However, there is nothing improper about videotaping someone without their knowledge or consent. So long as the recording by your tenant does not include any audio, it does not appear that your resident has violated any laws. Question: If a tenant signs a one year lease agreement and in the lease agreement it says that they are required to give 60 days notice if they are not renewing. The tenant only gives 30 days notice. Is it legal to keep charging them rent for 30 days after their lease ends since they did not give 60 day notice? Answer: I do not know what the renewal term is in this case. However, because the tenant did not give the appropriate notice, the lease will have renewed for the renewal term (whatever the length of that term is), and the tenant could be liable for rent for the full renewal term, less the avails of re-rental, if any. Of course, the landlord could settle with the tenant and agree to terminate the lease upon the payment of another month's rent. Question: Can we non renew residents? For example residents who complain constantly? Answer: Absent a provision in the lease, a landlord has no obligation to renew a tenant's lease. Thus, generally, unless the reason for non-renewal is based on illegal discrimination, a landlord can non-renew for any reason. Question: How long after we evict a tenant do we have to hold their furniture and personal items? Answer: This is probably one of the most asked questions, and the one with the least certain answer. The first question is whether your lease has any provision regarding abandoned property. The second question is whether you know to where the tenant has moved. If you can serve the tenant with a certified letter advising that he must remove all of his property or it will be deemed to have been abandoned, you may be able to establish an abandonment if he does not retrieve the property within thirty days. The real problem is when you are unable to serve the tenant with notice. In that event, I advise that you consult counsel to assist you through the web of issue that confront you. Question: How can I evict someone if I do not have a lease? Answer: The eviction process without a written lease is basically the same as with a written lease, except that you must serve on your tenant certain notices required by Pennsylvania law. First, you should provide a notice that your tenant is in default of the lease and, if the default is one that can be cured, give your tenant a reasonable period of time to cure it. While this notice is not specifically required by law, most District Judges want to see that you provided a default notice prior to initiating an eviction. Second, if the default is not cured, or it is not one that can be cured (e.g. the lease term has ended), you must serve on your tenant (via hand delivery to the tenant or by posting on the property) a notice to quit. There is then a waiting period before you can file the eviction complaint. If the default is nonpayment of rent, then you must wait ten days before you can file the complaint. If the default is for some other reason, you must wait fifteen days if the lease term was for one year or less, or thirty days if the lease term was for more than one year. Upon the expiration of the wait period, you can file an eviction complaint at your local Magisterial District Judge's office. The staff there will usually assist you in the process. (Note, I have presumed that your tenant is not a mobile home park resident. If he is, then there are some differences that you will need to be aware of.) Question: I cosigned a lease for my son and daughter in law. They received an eviction notice due to rent being late by a few days, which they later paid. The landlord still decided to go ahead with the eviction since she was afraid this would happen again. They are completely up to date with rent, and are in the process of moving into another place. My question is should I have been notified of their eviction. I was not, I was told after the fact. I am on the lease again as cosigner. Answer: Without seeing the document you signed, I am unable to provide you any guidance in this. The obligations between a landlord and a co-signer are governed by the document you signed. Whether or not you were entitled to notice depends on what the document says. It is not unusual, however, for such documents to provide that the landlord is not obligated to provide such notices to co-signers. Question: My fiance and I rent a house from a family. They have decided to sell the house. Are they required to the terms of our lease until the lease is up? Also if we find somewhere else to live in the meantime are we held accountable for the rest of the rent? Answer: When a landlord sells his property, the buyer takes it subject to all existing leases. Thus, the buyer must honor the terms of the leases, and the tenants remain bound to the terms of the leases. Question: If a handicapped parking space is already provided directly in front of the apartment building are we required to add additional handicapped parking spaces if a future tenant requests this in writing? Is there a way for us to cancel a future tenant's application once they have been approved? Are we able to refuse to rent to someone for any reason once they have an approved application? Answer: The number of handicapped parking spaces needed depends on many factors, such as the size of the complex, the total number of parking spaces, the total number of tenants and the number of tenants who need handicapped parking spaces. Many local ordinances contain requirements on the number of required spaces. With or without a local ordinance, the fair housing requirement is a question of reasonableness. If you refuse to add additional spaces, you will need to be able to prove that your decision was reasonable under all of the circumstances. Without seeing your rental application, I am unable to answer with certainty your second question. Generally, however, applications do not constitute enforceable contracts. Thus, unless your application provides for some contractual obligation to enter into a lease agreement, you can probably refuse to rent to someone, even if their application is approved. I suggest, however, that before you take this action, you have a lawyer review your application documents. Question: According to fair housing laws, what is the maximum occupancy in an apartment? Is it based on square footage or the number of bedrooms? How is that determined? Answer: There is no clear cut answer to this question. HUD issued a memorandum some years ago (the infamous "Keating Memo") suggesting that a good rule of thumb is two people per bedroom. However HUD recognized that this rule of thumb may not always be reasonable. For example, in a large rental unit, more than two people per bedroom may be appropriate, whereas in a very small unit, two per bedroom may be too many. There are some building codes that suggest a square footage analysis, while others take into account the layout of the rental units and number of bedrooms. I suggest that you check with the Codes officer for your municipality to see if the local ordinances contain any guidelines. If they do, you are probably safe if you are in compliance with them. If there are no local ordinances in effect, then you should consult with legal counsel to discuss your precise situation and to develop an appropriate occupancy policy. Question: I recently learned that an apartment house was built before 1978. What is the best way to disseminate the required information about lead paint that will decrease my liability? May this be done when renewing the leases? Answer: The best way to notify your tenants is by disseminating the lead paint pamphlet that is put out by HUD. You can likely find a copy of it online, or by contacting HUD. It is possible that the National Apartment Association may be able to provide you a copy of the pamphlet. As for the timing, you should provide your tenants a copy of the pamphlet as soon as possible. I do not suggest waiting for the renewals. Question: A dispute has arisen with our tenant. The lease is silent on lawn care, and we think the tenant should be responsible for it. What does the law require? Answer: Generally, if the lease is silent and there are no oral agreements to the contrary, all maintenance and repairs are the tenant's obligations. However, if the landlord has routinely maintained and made repairs to the property throughout the period of the tenant's occupancy, the tenant may have an argument that, by the landlord's actions, he has undertaken the responsibility. Question: It is legal to charge a 10% late fee for rent that is then compounded monthly? We charge a 10% late fee on the 6th of each month on all outstanding balances due, even fees from previous months. Does that violate the PA usury laws? Our lease only outlines the 10% late fee but does not mention it will be compounded monthly on outstanding balances. Answer: Most judges will not honor a late fee provision that appears to be a penalty. Accumulating late fees, at some point, clearly become punitive and would be deemed to be penalties. Furthermore, if the lease does not clearly provide for the accumulation, most judges will not grant them. Question: We manage Affordable housing properties. We have a tenant who gave his thirty day written notice to site manager. He did not return his keys. He has returned to the property and wants to remain in the apt again. He was gone six weeks. He did not pay a full months rent. Can we refuse to let move back in the apt? Answer: It sounds like the tenant has not abandoned the property. As such, he is entitled to possession until you follow the legal course of evicting him. If you refuse to allow him back into the apartment, you may be guilty of a self-help constructive eviction. Question: I have an application here for a gentleman who is moving to this area from New Jersey to attend college. He is coming up with his roommate and friend, and his mother has agreed to co-sign for him. The only problem is - he's still 17, and won't be 18 until January. I know he legally can't sign any documents that would be binding at his age, but can he still reside in the apartment with a parent's written permission? Answer: An individual who is under 18 (and who is not legally emancipated from his parents) does not have the legal capacity to enter into a contract. Thus, it is quite possible that if you have the student sign the lease, the parents' guaranty may be worthless. That is, it could be argued that the guaranty only applies to his obligations. Since he has no legal obligation to perform the contract, there may be nothing to which the guaranty can attach. To cure this problem, I might suggest having the parents sign the lease as the "tenant" and allow the son to reside there as an authorized resident. Once he turns 18, you can terminate the first lease and execute a new one with him. Question: I have a tenant that broke the lease. I tried to be nice by having a new lease written instead of evicting them for breaking current lease. They refused to sign the new lease their current lease has expired. They informed me that they don't have to sign my lease that I have to sign the lease they had made up. Since I am the property owner my question is since they broke the original lease and it has expired and they refuse to sign new lease can I evict them as long as I give them a 30 day written notice? They have been paying the rent it is always 4 or more days late. Answer: Without seeing your lease, I am unable to answer your question. When a tenant holds over, it creates many issues, including whether the lease has actually renewed for an additional term. Because of this, it is vital that leases contain specific hold over provisions to avoid unintended consequences. Question: Our company policy is 2 persons per bedroom and I recently sent a renewal notice to residents in our community and discovered that prior management allowed 3 children and 2 adults in a 2 bedroom apt. All names are listed on the original lease. The apartment is a very large 2 bedroom apartment and I am wondering if Susquehanna County allows this standard? Is this a Fair Housing Issue? What should my course of action be? Can I rescind the offer to renew? Answer: Whether you have a fair housing issue depends on whether the county and/or municipality where the premises is located has/have any occupancy standards. The other question that frequently comes to mind is the age of the children. Regardless, I am not sure that you will be able to rescind your renewal notice, unless the tenant has not yet accepted it. Of course, you would not want to rescind the notice until you are sure of whether there exist applicable occupancy standards. I suggest that you contact the codes officer in your municipality and the county offices and ask about occupancy standards in the municipality and county, respectively. Question: Does a residential lease need to be delivered to a tenant in hard copy form-can it be done electronically? Answer: If the question is whether you can email a copy of the signed lease to the tenant, the answer is yes. In this day of electronic communication, even the Courts are utilizing electronic means to communicate with parties. Question: As a co signer, am I responsible for any rent incurred after the end of the original lease has ended? Answer: A co-signer's liability is governed by the document he signed. Many guaranty agreements provide that a co-signer remains liable for so long as the tenant remains in the property, even during renewal terms and even if the co-signer had no notice of the renewals. Some guaranty agreements do not. Thus, it is important that co-signers carefully read the guaranty agreements that they are asked to sign so that they are fully aware of the extent of their guaranty, and so that they can try to negotiate the extent of their guarantees. Question: If a resident passes away what can is the apartment complex permitted to require the estate of the resident a 1 month notice to vacant and the estate is responsible for 1 months rent? Answer: When a tenant passes away, the tenant's estate "steps into the shoes" of the tenant. That is, the estate has all of the rights of the tenant to possession of the apartment, but also has all of the lease obligations of the tenant. Thus, what a landlord can require of the estate depends on what the lease says. For example, if there is an early termination provision that allows the tenant to terminate the lease upon thirty days' notice, then the estate has that same right. However, if there is no early termination provision, then the landlord is entitled to hold the estate responsible for the entire term of the lease. And, of course, if the lease states that it terminates upon the death of the tenant, a landlord may not be able to hold the estate responsible for any amounts (presuming it vacates the property promptly). Notwithstanding, there is nothing to prevent a landlord from making a deal with the estate. Landlords must keep in mind, however, that it is the tenant's estate, not the tenant's family or heirs that is responsible to pay the rent and perform the lease obligations. As such, there may be instances where landlords insist on full compliance with the lease terms (where they know that an estate has money) and others where landlords are more than happy to allow an estate to terminate the lease (where they know the estate has no money). Question: Can a property management company ask for a cosigner for renting land to place a completely paid off trailer on. The rent that the property company wants is $299.00 per month. I ask this because the lady told my brother that he does not have rental history with an apartment complex mainly because he rented a home for years. He now bought a trailer in full and the lady will not rent the land without my SSN; I am not comfortable with this and then what happens to my brother's trailer that is on this property already? Answer: When it comes to co-signers, landlords differ vastly in their requirements. Some never require co-signers, some always do, and others only require them when the prospective tenant does not meet their eligibility criteria. And, in this latter case, there is a wide range of disparity. The bottom line, however, is that landlords are entitled to have whatever tenant eligibility criteria (formal or informal) they deem appropriate and to require co-signers whenever their prospective tenants do not meet the criteria. Even if a landlord does not have any set eligibility criteria, he/she is entitled to require a co-signer in any situation where he/she is concerned about, or merely desires some, rent security. Question: A tenant's vehicle caught fire and caused damage to our parking lot. I contacted the tenant's automobile insurance carrier who stated that the fire was due to an unknown cause and since their insured's were not negligent in any way they will not honor any claim for damages. This is a new property constructed in 2007 and the final paving to the parking area was completed in 2009. Per the PA Blue Moon lease am I able to charge the tenant for the cost to repair the parking lot as well as the damage to the garage remote that melted inside of the vehicle or must this matter be taken to small claims court? Answer: Without seeing your lease, I am unable to answer this specific question. However, in general, and regardless of whether a tenant has insurance, a landlord can sue a tenant for damages caused by the tenant. Clearly, if the fire was caused by the tenant, you would have a good case. If, however, the tenant were to claim that the fire was caused by the conduct of some unknown third party over whom the tenant had no control, he might argue that he cannot be held liable for the criminal acts of someone else. It is hard to predict how a court would respond to such an argument. A properly drafted lease provision could address these kinds of situations and allow for strict liability on the tenant's part. Question: We have many residents requesting a personal satellite dish. We do allow the dish to be placed on their patio or balcony (residents' private area) and charge a refundable security deposit in case of damages upon termination of their lease. The problem we are now encountering is one where the patio or balcony does not face in the proper direction for reception. The residents then request to place the dish on the roof. I know we are not obligated to allow the dish placement on the roof however, if we were to allow this request, could we charge a fee called "roof rent" to help with the roof repair cost if the damages would exceed the security deposit? The roof rent would be non refundable. I cannot seem to locate any information in the FCC ruling that addresses this subject? Answer: Under the law, landlords may not prohibit tenants from installing satellite dishes. However, landlords are allowed to reasonably restrict the use and installation of satellite dishes. One such restriction is the location of the dish. The law allows tenants to install a dish in an area of the property that reserved for the tenant's exclusive use (such as within an apartment unit or on an apartment unit's balcony). However, a tenant has no right to install or place a satellite dish in common areas or any area not reserved for that tenant's exclusive use. It follows, then, that if a landlord chooses to allow a tenant to install a satellite dish on the roof, the landlord should be able to dictate the terms of that use. Landlords should be careful, however, about charging an additional "security deposit" since the amount of security deposits is limited by the Landlord and Tenant Act. Furthermore, there should be a separate written agreement (probably not the lease amendment that a landlord uses for the "typical" satellite dish scenario) relating to the use of the roof that should cover such things as fees for the use, the tenant's access to the roof, the landlord's liability in the event of a claim resulting from the tenant's use of the roof, repairs needed to the roof in the event of damages that result from the presence of the satellite dish, and the manner of installation and who may perform the installation. Question: Are we (the landlord) allowed to release information to the Census Bureau on our residents if the resident chooses not to answer their door or fill out the Census paperwork? Answer: While I know of no law that prohibits a landlord from providing such information to the Census Bureau, I also know of no law that requires a landlord to provide it. I normally advise my clients, however, that they should not release tenants' information to third parties (including law enforcement) unless the tenants have consented in writing to such release, or the third party has a subpoena, search warrant or similar legal document requiring a landlord to provide the information. I see no reason to treat Census inquiries any differently. Question: What would be the legal impact of having a well-qualified tenant act as a co-signer for a co-tenant who does not make sufficient income? One tenant is gainfully employed; the other, a full time student. Can the tenant co-sign, or will they need a separate co-signer? The future residents are siblings. Answer: I frequently see situations where landlords have their tenants also sign lease guarantees. In most cases, they are not necessary. When a tenant signs a lease, he becomes personally liable for all rent due under the lease. The guaranty does not add anything. I am presuming in this case that the tenant/co-signer is residing in the same apartment as the tenant for whom he is co-signing the lease. If this is the case, so long as you have a good lease that provides for joint and several liability, the guaranty is not needed. That is, the employed tenant is already responsible for all of the rent. A guaranty by him of the co-tenant's rent obligations adds nothing. A guaranty by a tenant may be useful in two situations, though. The first is where the co-signing tenant has his own apartment and is not living in the same apartment as the other tenant. In this case, the co-signing tenant is no different than any other co-signer. The second situation is where the lease provides that each tenant is responsible for only his share of the rent (which is a very bad idea, but which I see on occasion). In this case, a guaranty by one of the tenants (or even better yet - a guaranty by both) may make collecting rent easier. Question: I understand that NAA has recently published a statement that apartment owners/managers are required to provide census workers the names of their residents. Is this true? Answer: I recently answered a similar question, saying that apartment owners/managers are not required to provide the names of its residents to census workers. I stand corrected. I have recently reviewed several letters from the Census Bureau and the United States Code provisions regarding the census. It does appear that apartment owners and managers are obligated to provide the names of occupants. The following links contain helpful information: http://www.naahq.org/governmentaffairs/2010census/Pages/Overview.aspx and http://www.nmhc.org/Content/ServeFile.cfm?FileID=7973. |
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