Transcript LANDLORD-TENANT LAW - University of Pittsburgh

Community Economic Development Clinic
University of Pittsburgh School of Law
LANDLORD-TENANT LAW
PART ONE
SIGNING THE LEASE
RENTAL AGREEMENTS, LEASES, AND TYPES OF
TENANCIES

A LEASE is an agreement to transfer possession of property for a fixed
period of time, usually in exchange for rent. Terms in a lease generally do
not change until the rental period has ended, but the parties to a lease can
agree to modify the terms in writing before the lease ends.

A RENTAL AGREEMENT is just another name for the written contract that
details 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
TYPES
OF TENANCIES:
Tenancy
for Years: Despite the name, this is the term given to any lease of a
fixed term. Both the Landlord and the Tenant must agree that the Tenant’s
lease begin on a specified date and end on a pre-determined and specified
date.
Most
leases are fixed term
Periodic
Tenancy: An agreement between the Landlord and Tenant of a
periodic term (such as month-to-month or week-to-week) with no specified
ending date.
If
this agreement should be terminated, written notice is required fifteen days
prior to the expiration of the term by the Landlord, and in some cases by the
Tenant. For example, in a month-to-month tenancy, the 15-day notice must be
given before the 15th of the month for it take effect at the end of the month.
Termination
cannot take effect in the middle of a period. For example, in a
month-to-month lease, if your landlord give you 15 days notice to vacate the
premises on March 20th, you are not required to leave before April 30 th.
See
Pennsylvania Jurisprudence, 2nd (Property), § 26:40-41
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
Tenants’ Rights Continued
1.
2.
3.
Americans with Disabilities Act
 Forbids discrimination against the handicapped and
requires handicap-friendly premises
Pennsylvania Human Relations Act
 Similar to the aforementioned federal law
Various Local Laws
 Example: Blackshear Residents Organizations v.
Housing Authority of the City of Austin made it illegal
to segregate the people in an apartment complex.
3 or More Unrelated People

The city of Pittsburgh prohibits more than 3 unrelated people
from living together.

Sometimes landlords will go around this law by allowing
more people to reside in the rental unit than listed on the
lease.

If you are in this position, it is recommended that the tenants
named on the lease sign an agreement with the tenants not
on the lease to protect the rights and obligations of each
tenant. Unfortunately this agreement among the 4 or more
tenants may not be enforceable because the practice is
illegal in the first place. Until the City changes the law, this is
at least some form of accountability.
Pennsylvania’s
Landlord- Tenant Act:
During
the first year of lease: no landlord may require
more than two month’s rent as a security deposit.
HOWEVER,
PA landlords may be able to ask for advance
payment of the last month’s rent AND two month’s rent as
a security deposit, for an amount equal to 3 month’s rent up
front..
During
the second (or more) years of the lease: a
landlord cannot ask for more than one month’s rent as
a security deposit.
If the lease is in the fifth year or more: a landlord has
the right to increase rent, but cannot likewise increase
the tenant’s security deposit.
The
Landlord-Tenant Act is found at Title 68, Pennsylvania Statutes, § 250.
BEFORE SIGNING THE LEASE

Be sure to take pictures of the apartment/house before
signing the lease, and try to have the landlord sign a
statement recognizing that damages existed before the
lease was signed.


You are allowed to negotiate changes to a lease including the
landlord’s written promise to repair damages by a certain date
(Example: the move-in date)
READ THE LEASE!!


Don’t be afraid to ask questions if you don’t understand
something
Pitt’s SGB provides an Attorney who can answer any
questions
PART TWO:
LEASE TERMS
SUGGESTED LEASE CLAUSES
(TO AVOID POTENTIAL PROBLEMS DURING TENANCY)
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Security and/or damage deposit
Last month’s rent
Use clause (limiting how the tenant may
use the property)
Maintenance clause (spelling out who is
responsible for which maintenance)
Limitation on landlord’s liability
Limitation on assignment of the lease
by tenant
Clause putting duty on tenant for own
insurance
Clause granting attorney’s fees for
enforcement of the lease
Late fee and fee for bounced checks
A clause concerning abandoned
property should be in the lease.
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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 the
tenant
Commercial leases should include clauses
regarding factors related to the business use
of the premise
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
from liability is clear in the
lease, and the tenants
have relatively equal
bargaining power.


WAIVERS OF LIABILITY OR
RIGHTS
A clause waiving:


the tenant’s rights to have
guests
The tenant’s rights stated in
the Utility Service Tenants
Rights Act (sections 3-11)
are void and unenforceable
See Title 68 , Pennsylvania Statutes, § 399
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 written
agreement, so be careful what you agree to.
SECURITY DEPOSITS

During the first year of lease, PA landlords are not
allowed to ask for more than two months as a
security deposit (which is refundable as long as the
tenant does not leave any damage).

Tenants have the right to know the bank and
account number that their security deposit is being
kept in for the term of their lease.

A landlord is given 30 days, upon termination of the
lease, to provide a written list of damages to the
leased property.
Security Deposits Continued

The difference between the amount of the security
deposit and the amount of property damage must
also be given to the tenant with the written list.
 Tenants can demand actual invoices from repairs
or other proof that the repairs were made out of
their deposit.

If the landlord fails to abide by these requirements,
a court can order him/her to pay twice the amount
owed as damages.
ASSIGNMENTS AND SUBLEASES
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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 to
another party who takes over the tenant’s 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.
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 week’s 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).
PART THREE
DURATION OF THE LEASE
LANDLORD DUTIES

The landlord’s duties are not only to his or her
tenants, but also to the tenants’ visitors.
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The landlord retains control of the stairways,
passages, roadways, and other common facilities.

The landlord has the responsibility to maintain their
safety in use.
Landlord Duties Continued
 It
is recommended that tenants notify their
landlord in writing of any defects.
 During
the time of the lease, the landlord cannot
escape liability if s/he knows, or has reason to
know, of a defect. Particularly, if the defect was
such that it could have been discovered by
reasonable inspection by the landlord.
CODE VIOLATIONS
The proper contact to report code violations
is Pittsburgh Public Safety
 Common housing codes requirements to
look out for:
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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
WARRANTY OF HABITABILITY
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A residential tenant is automatically given a
warranty by the landlord that the place is safe and
livable, and will remain so during the term of the
lease. (does not need to be in the lease)
This warranty ensures that the services necessary
to the life, health, and safety of the tenant will be
provided.
A breach of this warranty means conditions must be
truly unlivable. For example, a lack of cooking gas
is not sufficient, but no heat is sufficient.
TENANT’S RIGHTS AND DUTIES

RIGHTS
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To have guests, so long
as s/he complies with
her or his duties.
To have guests stay
with him or her as long
as the tenant is abiding
by the rules.
To receive cable
television from any
company of his or her
choice.
These rights cannot be
waived.

DUTIES
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To follow all regulations
set forth by the
requirements of all
municipal, county, and
Commonwealth codes.
To not permit anybody
(including the tenant) to
destroy or damage any
part of the property
To not permit any person
to disturb the peace .
LANDLORD’S ACCESS TO THE PREMISES


Under the PA Landlord-Tenant Act, there are no
regulations that allow a landlord to access the residence
rented by the tenant, unless otherwise noted in the lease.
Landlords may reserve the right to access the
apartment/house for reasons such as:
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Inspecting the premises
To supply agreed services
Upon agreement with the tenant, to repair, decorate, or
improve the dwelling unit.
To exhibit the residence to potential purchasers, tenants,
contractors, etc.
Usually the lease should provide a notice period for such
visits, 24 hours for example, except in the case of a
maintenance emergency.
VIOLATIONS BY THE TENANT

RENT DUE DATE: the most common violations made
by tenants are late rent payments
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It is important to clarify when rent payments are due.
VACATING EARLY: If the tenant breaks the lease
terms by moving out early, a landlord may do one of
three things:
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End the lease and take back possession of the property
Take possession of the property for the account of the
tenant, and hold the tenant liable for the difference
between rent due under the lease and the rent eventually
received
Sue the tenant for the full rent as it comes due, leaving
the unit vacant.
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

PART FOUR
AFTER THE TENANCY
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.
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 landlord’s
notice must specify that the tenant vacate after
15 days.
TERMINATING THE TENANCY
--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 is
giving the landlord the opportunity to end the
lease, and not the tenant.
TERMINATING THE TENANCY
--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
 The
of the lease for violation of its terms
violation itself will not necessarily be considered
grounds for ending a lease, but the damages the
landlord sustained.
PART FIVE
RESOURCES AROUND PITT
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
LEGAL SERVICES

Allegheny County Housing Authority
 Public
Safety
Stanwix St (12th floor)
 File a complaint or fraud by calling: (412) 402-2502
 http://www.achsng.com/depts/publicsafety.htm
 625

SGB Attorney For Pitt Students ONLY:
 Mark
Galzerano, P.C.
 835
William Pitt Union
 412-648-7970
 http://www.pittgpsa.org/legal.jsp
MISCELLANEOUS RESOURCES

The Fair Housing Partnership
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Promotes fair and equal housing choice and opportunity
2840 Liberty Avenue (Suite 205)
(412) 391-2535
http://www.pittsburghfairhousing.org/
Bureau of Building Inspectors
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
200 Ross Street (3rd Floor)
(412) -255-2175
[email protected]
http://www.city.pittsburgh.pa.us/bbi/
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
 3190
and Community Environment
Sassafras Way
 (412)-350-4046
 http://www.achd.net/housing/commenvironstart.html
MISCELLANEOUS RESOURCES (CONTINUED)

Dominion People’s Gas
 625
Liberty Ave
 (412) 244-2626
 http://www.dom.com/

Equitable Gas
 200
Allegheny Center Mall
 1-800-654-6335
 http://www.eqt.com/
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