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 »
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 hschenck@cgalaw.com… read more »
COVID-19 Update: CDC Order Extending the Eviction Moratorium
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 »
COVID-19 News: CDC Order Update
The CDC has issued a new Order which extends the protections relating to residential evictions set forth in the September 4, 2020 order. The protections have been extended through March 31, 2021. The Order does NOT forgive rent, late fees, penalties, or interest. It does NOT apply to tenants who engage in criminal activity on the premises, threaten the safety of others, damage the property, violate codes and regulations, or breach the lease in a nonmonetary way. In order to obtain protection under the Order, Tenants still must provide a declaration to the landlord or property owner, under penalty of… read more »
Webinar for Landlords on February 2nd
Join us virtually for this Leadership Luncheon presented by CGA Law Firm and Attorney Hunter B. Schenck. This virtual webinar will focus on landlords in litigation including common pitfalls and best practices as well as tips for avoiding litigation and making it easier if it becomes necessary. The information will apply to landlords as both plaintiffs and defendants in civil suits, especially in the Court of Common Pleas. Attorney Schenck will also address any new eviction updates or legislation. AttorneyHunter B. Schenck provides legal services to individuals and businesses in the area of litigation. She completed her Juris Doctorate from the Penn… read more »
COVID-19 Update: CDC Issued an Order Preventing Evictions in Certain Cases
The CDC has issued an Order preventing evictions in certain cases which went into effect on September 4, 2020. In order to obtain protection under the Order, Tenants must provide a declaration to the landlord or property owner, under penalty of perjury. Tenants must swear that they have tried to obtain government assistance, must fall within income restrictions set forth in the Order, and must be unable to pay rent due to loss of job or income or due to medical bills. Tenants must also be making timely payments as close to regular rent as possible and show that eviction… read more »
COVID-19 Update: Landlord Tenant Issues
COVID-19 Update: Landlord Tenant Issues The Pennsylvania Supreme Court has recognized that this can be a difficult time for both tenants and landlords. Many people have heard that the court put a hold on evictions during this crisis but there is additional information for landlords and tenants to know. As of March 16, 2020, all MDJ hearings involving active landlord tenant cases were postponed for at least 30 days. Any newly filed matters involving landlord tenant issues will be scheduled for a time at least 75 days away. These times are constantly subject to change and they could be extended by the courts. … read more »
