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LANDLORD-TENANT LAW
Community Economic Development Clinic
University of Pittsburgh School of Law
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PART ONE
SIGNING THE LEASE
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RENTAL AGREEMENTS, LEASES, AND
TYPES OF TENANCIES
A LEASE is an agreement to transfer possession of property for a fixedperiod of time, usually in exchange for rent. Terms in a lease generally donot change until the rental period has ended, but the parties to a lease canagree to modify the terms in writing before the lease ends.
A RENTAL AGREEMENT is just another name for the written contract thatdetails the terms of a lease.
It is legal and perfectly normal for a landlord to require a co-signer.
See Pennsylvania Jurisprudence 2nd (Property), 26:1
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TENANT RIGHTS
A landlord cannot discriminate based on race, sex, age,religion, national origin, family status, and handicap.
Tenant rights are protected under:
1. Civil Rights Act of 1968
Makes discriminating against an individual illegal Civil Rights Act 1982: applies only where it can be
proved that the person had an intent to discriminate
2. Civil Rights Act 1988 Amendment
Bans discrimination against the handicapped and
families with children
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Tenants Rights Continued
1. Americans with Disabilities Act
Forbids discrimination against the handicapped andrequires handicap-friendly premises
2. Pennsylvania Human Relations Act
Similar to the aforementioned federal law3. Various Local Laws
Example: Blackshear Residents Organizations v.Housing Authority of the City of Austin made it illegalto segregate the people in an apartment complex.
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3 or More Unrelated People
The city of Pittsburgh prohibits more than 3 unrelated peoplefrom living together.
Sometimes landlords will go around this law by allowing
more people to reside in the rental unit than listed on thelease.
If you are in this position, it is recommended that the tenantsnamed on the lease sign an agreement with the tenants not
on the lease to protect the rights and obligations of eachtenant. Unfortunately this agreement among the 4 or moretenants may not be enforceable because the practice isillegal in the first place. Until the City changes the law, this isat least some form of accountability.
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Pennsylvanias Landlord- Tenant Act:During the first year of lease: no landlord may requiremore than two months rent as a security deposit.
HOWEVER, PA landlords may be able to ask for advance
payment of the last months rent AND two months rent as asecurity deposit, for an amount equal to 3 months rent upfront..
During the second (or more) years of the lease: alandlord cannot ask for more than one months rent asa security deposit.
If the lease is in the fifth year or more: a landlord hasthe right to increase rent, but cannot likewise increasethe tenants security deposit.
The Landlord-Tenant Act is found at Title 68, Pennsylvania Statutes, 250.
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BEFORE SIGNING THE LEASE
Be sure to take pictures of the apartment/house beforesigning the lease,and try to have the landlord sign astatement recognizing that damages existed before thelease was signed.
You are allowed to negotiate changes to a lease including thelandlords written promise to repair damages by a certain date(Example: the move-in date)
READ THE LEASE!! Dont be afraid to ask questions if you dont understand
something
Pitts SGB provides an Attorney who can answer anyquestions
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PART TWO:
LEASE TERMS
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SUGGESTED LEASE CLAUSES(TO AVOID POTENTIAL PROBLEMS DURING TENANCY)
Security and/or damage deposit
Last months rent
Use clause (limiting how the tenant may
use the property)
Maintenance clause (spelling out who is
responsible for which maintenance) Limitation on landlords liability
Limitation on assignment of the lease
by tenant
Clause putting duty on tenant for own
insurance
Clause granting attorneys fees forenforcement of the lease
Late fee and fee for bounced checks
A clause concerning abandoned
property should be in the lease.
Limitation on number of persons living in the
unit
In a condo, a clause stating that tenant must
comply with all rules and regulations of condo
Requirement that if locks are changed, the
landlord is given a key
Limitations on pets
Limitations on where cars may be parked
Limitation on storage of boats, etc. on
property
In a single family home or duplex, a landlord
may put most of the duties for repair on thetenant
Commercial leases should include clauses
regarding factors related to the business use
of the premise
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PROBLEMATIC CLAUSES
EXCULPATORY CLAUSES
This is a clause in the lease
that releases the landlord
from any responsibility of
damages or injuries to
persons or property.
May be upheld by a court if
the intention of the tenants
to release the landlord fromliability is clear in the lease,
and the tenants have
relatively equal bargaining
power.
WAIVERS OF LIABILITY OR
RIGHTS
A clause waiving:
the tenants rights to haveguests
The tenants rights stated in
the Utility Service Tenants
Rights Act (sections 3-11)
are void and unenforceable
See Title 68 , Pennsylvania Statutes, 399
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BACKING OUT OF A LEASE
There is no law that allows a rescission period
for a lease.
That is, once a lease has been signed by both the
landlord and tenant(s), it is legally binding. There is
no right to change your mind.
Also, in Pennsylvania, you can technically agree for
a lease of up to three years orally, without a writtenagreement, so be careful what you agree to.
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SECURITY DEPOSITS
During the first year of lease, PA landlords are notallowed to ask for more than two months as asecurity deposit (which is refundable as long as thetenant does not leave any damage).
Tenants have the right to know the bank andaccount number that their security deposit is beingkept in for the term of their lease.
A landlord is given 30 days, upon termination of thelease, to provide a written list of damages to theleased property.
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Security Deposits Continued
The difference between the amount of the securitydeposit and the amount of property damage mustalso be given to the tenant with the written list.
Tenants can demand actual invoices from repairsor other proof that the repairs were made out oftheir deposit.
If the landlord fails to abide by these requirements,
a court can order him/her to pay twice the amountowed as damages.
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ASSIGNMENTS AND SUBLEASES
Unless stated in the lease, a landlord cannot prohibit a tenant
from assigning their lease to someone else, or from subletting
all or some of the premises. However, a landlord may (and
usually does) require approval by the landlord.
Sublease: the tenant enters into a new agreement with a third
party who deals only with the tenant. This occurs when the
original tenant retains an interest in the lease terms and plans
to move back in after some time.
Assignment: a tenant assigns all of their interest in a lease toanother party who takes over the tenants position and deals
with the landlord directly. If the new tenant stays for the rest of
the lease terms, then it is considered to be an assignment.
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RAISING THE RENT
The landlord can raise the rent only during a
periodic tenancy, not a fixed-term lease.
There is a one period notice period to make any
changes in the lease terms.For example, if you have a week-to-week tenancy, then
you will get one weeks notice.
Under a fixed tenancy, the landlord is
prohibited from raising the rent mid-lease. Any changes to the terms would have to be in writing, signed
by the landlord AND the tenant(s).
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PART THREE
DURATION OF THE LEASE
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Landlord Duties Continued
It is recommended that tenants notify theirlandlord in writing of any defects.
During the time of the lease, the landlord cannotescape liability if s/he knows, or has reason toknow, of a defect. Particularly, if the defect wassuch that it could have been discovered by
reasonable inspection by the landlord.
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CODE VIOLATIONS
The proper contact to report code violations
is Pittsburgh Public Safety
Common housing codes requirements to
look out for: Both hot and cold water must be provided
Working system and thermostat (65+ degrees during
heating season)
Keep the floors, stairs, porches, handrails, windows,
screens, and doors in good repair
A working fire alarm and an emergency exit that leads to
the outside of the building
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WARRANTY OF HABITABILITY
A residential tenant is automatically given awarranty by the landlord that the place is safe andlivable, and will remain so during the term of thelease. (does not need to be in the lease)
This warranty ensures that the services necessaryto the life, health, and safety of the tenant will beprovided.
A breach of this warranty means conditions must betrulyunlivable. For example, a lack of cooking gasis notsufficient, but no heat is sufficient.
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TENANTS RIGHTS AND DUTIES
RIGHTS To have guests,so long
ass/he complies withherorhisduties.
To have guestsstaywith him orheras longasthetenant isabidingbytherules.
To receive cable
television from anycompany of his orherchoice.
These rights cannot bewaived.
DUTIES To follow all regulations
set forth bytherequirements ofall
municipal, county,andCommonwealth codes.
To not permitanybody(including thetenant)todestroy ordamageany
part ofthe property To not permitany person
to disturbthe peace.
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LANDLORDS ACCESS TO THE
PREMISES Under the PA Landlord-Tenant Act, there are no
regulations that allow a landlord to access the residencerented by the tenant, unless otherwise noted in the lease.
Landlords may reserve the right to access the
apartment/house for reasons such as: Inspecting the premises
To supply agreed services
Upon agreement with the tenant, to repair, decorate, orimprove the dwelling unit.
To exhibit the residence to potential purchasers, tenants,contractors, etc.
Usually the lease should provide a notice period for suchvisits, 24 hours for example, except in the case of amaintenance emergency.
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VIOLATIONS BY THE TENANT
RENT DUE DATE: the most common violations madeby tenants are late rent payments It is important to clarify when rent payments are due.
VACATING EARLY: If the tenant breaks the leaseterms by moving out early, a landlord may do one ofthree things: End the lease and take back possession of the property
Take possession of the property for the account of thetenant, and hold the tenant liable for the differencebetween rent due under the lease and the rent eventuallyreceived
Sue the tenant for the full rent as it comes due, leavingthe unit vacant.
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VIOLATIONS BY TENANTS
(CONTINUED)
DAMAGE TO THE PREMISES: if intentional
damage is done to the property, a landlord
may terminate tenancy.
LEASE VIOLATIONS: if a tenant violates
leasing terms, a landlord may terminate
tenancy.
BOUNCED CHECKS
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PART FOUR
AFTER THE TENANCY
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PROPERTY ABANDONED BY TENANT
Generally, a tenant does not lose his or her
personal property by not removing it from the
leased premises after the termination of the
lease.
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TERMINATING THE TENANCY
--TERMINATION AT END OF THE LEASE
TERM--When the lease is over Landlords must notify
the tenant in writing that s/he must vacate
the property in the time frame given in the
notice.
If the lease is for more than one year, the
landlord must notify the tenant to vacate after 30
days. If the lease is for one year or less, the landlords
notice must specify that the tenant vacate after
15 days.
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TERMINATING THE TENANCY
--EARLY TERMINATION BY TENANT--
If the property is damaged or destroyed, the
tenant still has an obligation to pay rent.
If the landlord fails to comply with the lease,
the tenant may be able to move-out early.This, however, depends on if the premises are
livable or not.
When a tenant vacates early, it actually isgiving the landlord the opportunity to end the
lease, and not the tenant.
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TERMINATING THE TENANCY
--EARLY TERMINATION BY LANDLORD--
There are only two reason as to why a
landlord could end a lease early:
Nonpayment of rent
The landlord must first demand the rent before ending
leasing terms
Forfeiture of the lease for violation of its terms
The violation itself will not necessarily be consideredgrounds for ending a lease, but the damages the
landlord sustained.
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PITT OFF- CAMPUS LIVING
Pitt Police
3412 Forbes Avenue
In an emergency please call: (412) 624-2121
http://www.police.pitt.edu/
Off-Campus Living
127 N Bellefield Ave
412-624-6998
http://www.ocl.pitt.edu/index.html
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LEGAL SERVICES
Allegheny County Housing Authority
Public Safety
625 Stanwix St (12th floor)
File a complaint or fraud by calling: (412) 402-2502
http://www.achsng.com/depts/publicsafety.htm
SGB Attorney For Pitt Students ONLY:
Mark Galzerano, P.C.835 William Pitt Union
412-648-7970
http://www.pittgpsa.org/legal.jsp
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MISCELLANEOUS RESOURCES
(CONTINUED)
Pittsburgh Poison Center
3705 Fifth Avenue at DeSoto St
In an emergency please call: 1-800-222-1222
(412) 681-6669
www.chp.edu/clinical/03a_poison.php
Allegheny County Health Department
Housing and Community Environment3190 Sassafras Way
(412)-350-4046
http://www.achd.net/housing/commenvironstart.html
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MISCELLANEOUS RESOURCES
(CONTINUED)
Duquesne Light:
1-888-393-7100
http://www.duquesnelight.com/
Allegheny County Health Department
Offers free smoke alarms to residents of
Allegheny County.
For an installation please call: (412) -247-7800