Posts Tagged ‘tenant’

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 »

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 »

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 »

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 »

Today (March 18, 2020), the Pennsylvania Supreme Court issued a per curiam Opinion which closes all Pennsylvania courts to the public from March 19, 2020 until at least April 3, 2020.   Of particular note to both Landlords and Tenants is the fact that the Court will not entertain evictions or ejectments until at least April 3, 2020. The Court states in the Order that it is aware that the economic consequences of COVID-19 are likely to affect things such as rent payments and mortgage-loan payments.  A loss of income is likely whether under self-imposed quarantine or for those who may be carrying… read more »