Author Archive

Landlords Should Have Written Leases

access_time Posted on: February 24th, 2022

It can be tempting to rely upon an oral lease and Pennsylvania does allow for the existence of oral leases. Landlords might wish to save initial costs and time by skipping a written lease but doing so can end up costing much more and leave landlords without important protections. For example, a landlord cannot recover attorneys fees from a tenant if there is no written lease. Some of the most important items that can protect a landlord in a residential lease include the waiver of certain notices that are otherwise required. A written lease also identifies the tenants, property, rent, and… read more »

Litigation Basics: Steps to Take After Being Sued

access_time Posted on: February 16th, 2022

Finding out that you have been sued can be concerning and unnerving. Whether you’re an individual or part of a company, court papers can be confusing and leave you wondering what to do next. This article addresses some basic information relating to litigation to help you know when to contact our office and what to do at the beginning of litigation. If you have just been served, then you have some time to react but deadlines have already begun. Take a breath and read the papers that you’ve received to find out what the lawsuit is about. It could involve… read more »

Residential Landlords: How Old Is Your Lease?

access_time Posted on: January 26th, 2022

When was the last time you updated your lease?  You may be missing important protections or unknowingly violating the Landlord Tenant Act, Unfair Trade Practices and Consumer Protection Act, or even the Plain Language Consumer Contract Law. Violating those laws can result in lawsuits brought by tenants, the Pennsylvania Attorney General, or could even invalidate a lease completely. Evictions and other litigation can be irritating, time consuming, and expensive.  An updated lease can help to make the process faster, cheaper, and easier.  It can also provide some important protections to you as the landlord. Contact Attorney Hunter Schenck at hschenck@cgalaw.com… read more »

PA Judgments Must Be Revived

access_time Posted on: December 27th, 2021

A “judgment holder” or “judgment creditor” is the person or entity that obtains a judgment against a “judgment debtor.”  The ultimate goal of many lawsuits is to win a monetary judgment against the other party.   However, the judgment holder might not automatically receive payment once a judgment has been obtained.  In Pennsylvania, there are certain requirements for reviving a judgment in order to ensure that you do not lose your rights as a judgment holder.  A judgment issued by a Magisterial District Justice or MDJ expires after 5 years if nothing is done. A judgment at the county Court… read more »

Can a Corporation or LLC be Pro Se in PA?

access_time Posted on: December 17th, 2021

When someone is pro se, it means that they’re representing themselves in court.  Owners and other officers involved in corporate entities such as corporations, limited liability companies, non-profits, and limited partnerships, may wonder if they can appear in court on behalf of the entity.  The short answer is NO.  At least not after the MDJ level. Rule 207 of the Magisterial District Judges Rules of Civil Procedure allows corporate entities to appear pro se at the MDJ level.  However, that is not the case at the Court of Common Pleas and higher courts with very few exceptions including stockholder’s derivative… read more »

Eviction Update: SCOTUS Strikes Down CDC Moratorium

access_time Posted on: August 27th, 2021

On August 26, 2021, the Supreme Court of the United States issued a per curiam decision stating that the statute on which the Center for Disease Control relied to issue a moratorium on residential evictions does not grant the CDC the authority that it claims. The court went on to state that it would be a different matter “if Congress had specifically authorized the action that the CDC has taken.”  Instead, the Court stated, the CDC imposed a nationwide eviction moratorium while claiming authority under an old statute which allowed the CDC to implement pest extermination and fumigation. After a… read more »

CDC Issues New Eviction Moratorium, Limitations Apply

access_time Posted on: August 4th, 2021

The National Eviction Moratorium imposed by the Center for Disease Control in its September 4, 2020 Order expired as of July 31, 2021.  That Order provided protection from eviction for the nonpayment of rent to residential tenants, if they complied with the Order’s requirements.  On the evening of August 3, 2021, a new Order was issued by the CDC affecting residential evictions. The New Order is in effect until October 3, 2021 and applies to residential properties in counties that have a heightened level of community transmission of COVID-19 and the Delta variant. CDC data on transmission rates can be… read more »

CDC Residential Eviction Moratorium Extended to July 31st

access_time Posted on: July 1st, 2021

On June 24, 2021, the Director of the Center for Disease Control (CDC) issued an Order providing a final 30-day extension to the residential eviction moratorium through July 31, 2021.  The Director’s Order indicates that this is intended to be the final extension. As before, the moratorium applies ONLY to eviction due to nonpayment of rent for residential properties.  Evictions based upon breaches of the lease that do not involve nonpayment of rent may proceed. Evictions for the following reasons are specifically allowed to proceed: Engaging in criminal activity while on the premises;Threatening the health or safety of other residents;Damaging… read more »

COVID-19 Update: CDC Order Extending the Eviction Moratorium

access_time Posted on: March 29th, 2021

On March 29, 2021, the Center for Disease Control has issued another Order extending the eviction moratorium through June 30, 2021.  In addition to extending the moratorium, the new CDC Order also makes some additional modifications including:   ·        Persons covered by the previous orders who made the required signed declaration do not need to submit a new declaration. ·        Evictions for nonpayment of rent that were completed before September 4, 2020 are not subject to the Order. ·        Landlords may not use trespass as the sole reason for eviction based upon criminal activity when the underlying reason is nonpayment of rent. ·        Tenants may… read more »

Webinar: Litigation Basics in Business

access_time Posted on: March 25th, 2021

Join us virtually for this YCEA Leadership Luncheon on Thursday, April 8th from noon to 1:30pm.  This virtual webinar will review the basics of litigation for businesses including what to expect, how litigation works, common pitfalls, and tips & tricks for both avoiding litigation and making it easier when it becomes inevitable.  Various topics including the Unfair Trade Practices and Consumer Protection Law and collections will be discussed. Business owners, record keepers, managers, and many others can benefit from this presentation.   Click Here to Register AttorneyHunter B. Schenck provides legal services to individuals and businesses in the area of litigation…. read more »