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To file a landlord/tenant eviction, you must pay the court’s filing fees. The fees are based on several factors: the number of defendants, amount seeking in damages (i.e. unpaid rent, destruction of property, legal fees), where you are filing (i.e. Bucks County vs. Philadelphia county). Many leases provide for the landlord to receive legal fees […]
Many people ask me if a will is necessary for them. They believe that they’re too young, or they don’t have enough assets, or they can’t decide who gets their estate when they pass away. A will is important for anyone. I recommend setting up a will as early as possible. A will is always […]
There are two different theories on how title to property may affect the division of the property at the time of divorce. The title theory looks at which spouse holds title to each asset. There are multiple forms of title. Sole title grants the unilateral power to control. Examples of assets that may be relevant […]
If you are getting a divorce in Pennsylvania, oftentimes the court will require the occupant of the marital home to pay the mortgage. It does not matter whose name is on the mortgage. The theory behind requiring the occupant to pay the mortgage is that only that person is receiving a benefit for use of […]
When you sell your house during a divorce there are certain things that you should consider regarding equitable distribution: 1. Make sure that the house does not appear empty by removing the furniture. If buyers are aware you are going through a divorce, they may try to offer you less than your house is really […]
If you are getting divorced and need to sell your house as part of the divorce process, it is important to keep your attorney informed. Oftentimes when you go to settlement, if you do not have an agreement in place, the proceeds will be split equally. As part of the divorce process, you can obtain […]
In Pennsylvania, before an eviction may be filed, the landlord must serve the tenant(s) with a Notice to Quit. The Notice to Quit must explain why the tenant is being evicted: Nonpayment of Rent, Termination of the term (i.e. the 12-month lease is over and the lease was not renewed), or Breach of a term […]
In Pennsylvania, there are several ways that real property (i.e. houses) may be titled. When two or more people own property together, they should be aware of the manner in which the property is owned: Tenants in Common – When property is owned as tenants in common, each owner owns a certain percentage of the […]
Before you rent an apartment or other dwelling, a landlord usually requires a security deposit. This deposit is held by the landlord in case you damage the residence during your tenancy. The security deposit may not exceed two-months rent during the first year. During the second year, the security deposit may not exceed one-month rent. […]
In Pennsylvania, once a landlord/tenant eviction hearing is decided by a Magisterial District Justice (or by a Municipal Court Judge in Philadelphia), either party has the right to appeal if they disagree with the decision. If a tenant appeals a determination of possession, there is a 10 day appeal deadline. In other words, the tenant […]
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