After you purchase a property at tax sale, you may find that there are people still living in the property. An ejectment action will need to be filed in order to remove any occupants because the Tax Assessment Office will not remove them for the purchaser. The Pennsylvania Supreme Court confirmed in 2019 that a purchaser of property at tax sale cannot proceed with an eviction under the Landlord Tenant Act. This is because there is no landlord tenant relationship between the purchaser of property at tax sale and the occupants of such property, which may be the previous owners. … read more »
Landlords Should Have Written Leases
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 »
Residential Landlords: How Old Is Your Lease?
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 [email protected]… read more »
Eviction Update: SCOTUS Strikes Down CDC Moratorium
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
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 »
