Landlords and tenants are dependent on one another. When there is a dispute between them, it can hurt them.
Like clothing and food, shelter is a basic human need. Without it, a person would not be able to get a proper night’s sleep or store food. A person who does not have enough money to buy a property or is not ready for that kind of commitment will have to rent a place to call home.
If you own rental properties, you are dependent on the income you will get from them. When a tenant does not pay you, you may find yourself struggling to pay your bills.
How Lawyers Help Tenants and Property Owners
A landlord needs a lawyer to write a lease specifying how much rent will be charged, when it is due, and how much any extras will cost. A trained attorney can also handle disputes with tenants and eviction cases.
If you are a renter, you will need a lawyer to review a lease before you sign it, and to advocate for you if anything that is promised to you in the lease ends up not being provided. An attorney can also help a tenant if the landlord violates any housing laws or attempts an eviction.
The attorneys at Stoner Law have many years of experience representing both tenants and landlords. We can provide an airtight lease that leaves little room for discrepancies. We have a team of paralegals and assistants ready to do the research necessary if you have a landlord-tenant case that needs to go to court.
Landlord Tenant Laws in Philadelphia
Philadelphia offers much to anyone who lives or visits here. Each time you walk down the street you will get a lesson in American history. The food is the best in the country. There are museums to represent every cultural group in the nation and the streets are filled with political zealots who are not shy about telling passers-by the reasons for their beliefs.
People are politically active in the City of Brotherly Love and the landlord-tenant laws reflect that. Although Pennsylvania is considered a landlord-friendly state, Philadelphia real estate law tends to favor the tenant.
Property owners are required to register each apartment or home that they rent with the Fair Housing Commission. The city will provide an attorney to tenants who are facing eviction.
How the Rental Process Works
As in any state, a landlord and tenant will enter into a lease contract with one another. They will specify the amount of rent when it is due, and what amenities it will include. Every person who lives in the apartment should be listed on the lease. The lease will also detail what portions of the outside property you may use and which portions are off-limits. It may have certain restrictions on the kind of furniture allowed in the apartment.
Renters Rights
The Pennsylvania Landlord Tenant Act specifies that there are certain rights a tenant has in Philadelphia. If any of these rights are violated, the attorneys at Stoner Law can assist with reporting them to the Fair Housing Commission. Every apartment must provide the basics a person needs to stay clean and safe. They include:
- Doors and windows that work
- Electricity
- A functional toilet
- The room that contains the toilet must have a door
- A shower or tub in a ventilated room
- Hot water
- Either windows or a ventilation system
- Running water
- A working stove
- Two electrical outlets in each bedroom
- A certificate that the property is lead-safe
Everything in the apartment must be functional. If repairs are needed a landlord is required to make them in a timely fashion. If repairs are not made, the tenant can pay for the repair and reduce the amount of rent by the amount of the repair. They can also withhold rent. They must have a receipt for any repairs made.
When you call us for a consultation we will discuss the lease provisions in your specific rental agreement. Our attorneys are well versed in contractual law and can tell you if the lease you have is legal and how the language in it can be interpreted.
Landlord Rights
There are many organizations dedicated to tenant rights in the city of Philadelphia, PA. However, landlords have rights here too. If you have a problem tenant or if you are looking to evict a tenant, Stoner Law can assist with the appropriate paperwork.
You have the right to:
- Run a credit check on prospective tenants
- Run a criminal background check on prospective tenants
- Charge a deposit that is equal to up to two months' rent
- Collect unpaid rent
If a tenant does not pay rent, A landlord has the right to evict them. If the renter does not pay the day the rent is due, you must give them a notification and allow them 10 days to pay. If they do not pay, the eviction process can commence. The landlord will begin by going to court and filing a complaint. They will have to pay a filing fee to do this. The court will issue the landlord a summons to the court to give to the tenant. The landlord can mail the tenant the summons or simply handle it for them.
The summons will have a time and date of a court appearance. The court date will be set for a week to 10 days from when the complaint was made.
In the majority of cases, the judge will find in the landowner's favor. The landlord will be issued a writ of possession five days after the judgment. They must either have the writ of possession served by a professional or hand the writ to the tenant themselves. If the tenant does not pay within 10 days, the physical eviction can begin.
There are some cases in which a tenant can appeal eviction. A person who's a victim of domestic violence will have additional time to pay their rent before they can be evicted. In most cases, it is 30 days.
The attorneys at Stoner Law can guide you through the legal process of eviction. They can give you advice on when it is wise and when it is not wise to begin an eviction.
Why Hire Us?
It is fairly easy to find a real estate attorney in Philadelphia. Philly is a town with a lot of lawyers and legal services. However, you wanted to select an attorney to represent you who has a great deal of experience in landlord-tenant law and who has a proven track record of negotiating good deals for their clients and winning in court. Mr. Stoner is a foreclosure lawyer, disputes and littigation attorney, and a commercial real estate lawyer as well.
Daniel Stoner, Kenneth Snyder, and Corey Leon are landlord tenant lawyers who are committed to creating leases that protect both the owner and renter. They know how to do all the research necessary to build their cases. They are all members of several legal organizations and will work tenaciously for their clients. All employees at our firm know the landlord-tenant relationship is a difficult and important one. Give us a call today.