Landlord / Tenant

This report will cover some of the issues that arise for our clients who own rental properties. It will also provide information about recent changes in the law that affect the Landlord/Tenant relationship.

Landlord/Tenant Act
This statute dates back to 1951. It is a consumer protection statute, and provides tenants with legal protection in a number of areas. For example, it requires that a "Notice to Quit," i.e. an Eviction Notice, be served upon a tenant before the tenant can be removed from the premises. It also requires that the Tenant have an opportunity for a hearing before a District Justice after receiving the Notice, but before removal. Recently, there have been some changes to the Act that are designed to make eviction a faster process. For example, the Act now allows a ten day eviction notice for non-payment of rent. Previously, the notice required was either 15 or 30 days depending upon the time of the year. If the tenant has breached other conditions of the lease — a "no pets" clause, for example — a fifteen day eviction notice is permitted if the lease is for one year or less; otherwise, a 30 day notice is required. The old act required a 30 day notice for one year leases and 90 day notice for longer term leases. There are also provisions that require a District Justice to schedule a hearing within 10 days of filing a complaint, and which shorten a tenant's appeal period from 30 days to 10 days. It is important to comply with the provisions of the Landlord/Tenant Act. Call any of our attorneys if you have questions about how the Act applies in any given situation. In addition, another amendment was passed, which further strengthens the law for landlords. The act now provides that a tenant's wages can be attached for "damages" associated with an eviction. The new amendment defines "damages" to include the abuse of the physical makeup of the leasehold premises, including the floors, walls, and ceilings of the property. It does not appear that wages can be attached for unpaid rent. Our experience with the act indicates that the time required for eviction has been shortened somewhat. Local magistrates are effectively operating within the new time limits. The wage attachment provisions also seem to give tenants a greater incentive to remain in compliance with leases.

Lead Paint Disclosure Required
Since 1996, owners of apartment units built prior to 1978 have been required by Federal law to provide their tenants with information relating to lead paint. Disclosure forms are available on request that can be used to comply with these requirements. The Landlord (Lessor) must disclose any known lead-based paint hazards present in the dwelling. If the Landlord has any records or documents relating to lead-based paint hazards, they must be provided to the tenant. In addition, a pamphlet published by the U.S. Environmental Protection Agency, called Protect Your Family From Lead in Your Home must be given to the tenant. This booklet may be obtained through the U.S. Government printing office. You may also obtain a copy from our office.

Plain Language Law
This is another law that Landlords must be concerned with. It was passed in 1993, and made effective in 1994. The law requires that many types of consumer contracts, including residential leases, be written in "plain language." Whether language is "plain" is a question that a court may be asked to decide; so far there are no reported cases. We have a sample lease available, which we believe complies with the requirements of the Plain Language Act. This lease is rather basic, and may not cover all of the points one might want as a Landlord. However, it should provide a good starting point. Again, call any of our attorneys if you would like assistance in drafting a lease that will meet your needs.

Screening Tenants
All landlords hope to find "good" tenants. What steps can you take to help you do so? First, it is advisable to require all prospective tenants to complete a written application. We have an application form available on request. Once a preliminary decision to rent is made, based upon the application, more intensive scrutiny should be given to the applicant. Call the references that are listed. Call the prior landlord. Verify employment. Also, important information can sometimes be obtained from public records available from the county courthouse.