Landlord-Tenant Relations in Pittsburgh, PA
Many Pittsburgh landlords are frustrated with the current state of landlord-tenant law, as many rights under current law are assigned to the tenant. The frustration of the owners is especially evident in the city proper; Pittsburgh neighborhoods like Oakland and Bloomfield are filled with college students who can be loud, negligent with property, or late with rent. However, a landlord has certain rights over their rental properties and can require tenants to do certain actions and behaviors that are perfectly legal. The following article will explore
some rights of owners in relations with tenants and in the field of property management.
Rights of Landlords Who Rent Property in Pittsburgh, PA
One of the most important rights a landlord has is the right to evict tenants. There are three conditions under which a landlord can legally evict tenants from a rental property:
- The tenant has not paid the rent owed in full.
- The term of the tenant’s lease has ended and the landlord wants to put the property up for rent or sale.
- The tenant violated a section of the rental agreement (or lease).
Although there are fewer concrete rules that describe how to serve an eviction notice, it helps your landlord’s case if you follow common sense.
First, the landlord must not serve an eviction notice by mail. Just as a citizen can ignore a jury duty summons by saying he never received it, a tenant facing eviction can simply deny that he ever received an eviction notice. The landlord has every right to establish in the lease the maximum time allowed between the notice to vacate and the removal of the tenants. However, many landlords choose not to do this, in which case they are advised to refer to the Landlord-Tenant Act of 1951. It is the only heading available for eviction of tenants in Pennsylvania.
The landlord can legally evict the tenant with a 30-day notice for leases less than 365 days (1 year) in length. A 90 day notice is required for leases of one year or more. Some landlords do not use written leases with tenants. Legally, this is an ill-advised move; the lessor does not want to inadvertently assign rights to the lessee. However, if the landlord does not use written leases, 30 days notice to vacate is standard.
If tenant eviction proceedings are pending, the best thing a landlord can do is keep written documentation of all communications, payments, and incidents with tenants. The landlord must be prepared to show when a tenant stopped paying rent, how much the tenant owes, and/or how the tenant violated the terms of the lease. If the tenant files a lawsuit against the landlord for eviction-related torts, this documentation is invaluable. To keep the law on their side, a landlord should not take rash action against a tenant facing eviction. The landlord must not use the police to forcibly evict the tenant before the eviction notice is up, nor must they resort to “dirty fighting tactics” such as locking the tenant out or shutting off all utilities to the dwelling or rental unit. .
The following form can be used if the landlord wishes to bypass the eviction notice requirements and take the eviction to the trial court:
NOTICE OF DEPARTURE OF THE RENTED PROPERTY (NOTICE OF DEPARTURE)
Tenant agrees to waive certain statutory rights as provided by the LANDLORD AND TENANTS ACT OF 1951. Notice to vacate and surrender the rental property will not be required for Landlord and Tenant.
The tenant will be asked to vacate the rental property without notice under any of the following conditions.
- The tenant does not leave the property at the end of the lease term.
- The tenant breaks any of the terms and conditions of the lease.
- The tenant fails, upon request, to make all rent and other payments when due.
__________________ Tenant initials
Other Pittsburgh, PA Owner’s Rights
The landlord has the right to charge the tenant late fees for late rent. It is recommended that the landlord disclose the amount of the penalty due in the lease before the tenant signs it. The owner also has the right to request a security deposit in the amount of up to two months’ rent included. Pennsylvania state law prohibits the landlord from charging higher amounts; however, it is also the landlord’s legal right to collect a security deposit once a year, provided that each deposit due after the first year’s rent does not exceed one month’s rent.
It is advisable for the landlord to return the security deposit to the tenant(s) at the end of the rental agreement. However, a landlord may refuse to refund a tenant some or all of the security deposit if the tenant has caused damage to the unit that is not the result of aging or natural wear and tear. To avoid legal disputes, the landlord must meticulously document the condition of the apartment before the tenant moves out and after the tenant moves out, including photographing the interiors and exteriors of the unit. Landlords are required by law to provide a list listing damages caused by tenants 30 days or less after tenants vacate rental units.
Many legal problems with tenants can be avoided by carefully evaluating all potential tenants. Although the law prohibits a landlord from turning away tenants based on gender, race, creed, or other personal characteristics, landlords can deny tenant applications if tenants have bad credit, smoke, or have pets; all of these tenant characteristics can interfere with the rental process. A landlord has the legal right to conduct a credit and background check on the tenant. To avoid problems with late or non-existent rent
payments, the landlord should contact the prospective tenant’s current employer(s) and request pay stubs from any prospective tenant as proof of their ability to pay rent. Finally, because people are often prone to repeating the same behavior over and over again, references from former landlords are crucial to avoiding potential problems with tenants.