Pennsylvania Lease Agreements
Having a good lease agreement is the first step towards being an effective landlord. Pennsylvania lease agreements are unique and different from lease agreements used in other states because there are laws in Pennsylvania that benefit landlords, but only if landlords take advantage of those laws by including special provisions in their lease agreement.
For example, a landlord can recover attorney fees from a tenant in the event of an eviction, but there must be a provision in the lease agreement for the landlord to be able to claim those fees. In all of the lease agreements you will find at Christopher S. Manzi, Esq. you will see that they include a provision for attorney fees. The only way to recover attorney fees under Pennsylvania law is if there is a statute (written law) allowing the party to recover their attorney fees, or if it is in the contract between the parties. A lease agreement is a type of contract where the parties to that contract are (1) the Landlord, and (2) the Tenant(s). So, if you have a provision in your lease agreement allowing the landlord to sue for attorney fees, then that type of contract provision is permissible. Ultimately, it will be up to the court, or a board of arbitrators, to decide whether you are entitled to recover attorney fees. Sometimes, even if you have a provision for attorney fees in your lease agreement, the judge or arbitrators will not allow you to recover attorney fees. Most importantly, before you can sue a tenant for attorney fees, you have to make sure that you have actually paid attorney fees, in order for them to be recoverable.
Another example of Pennsylvania specific law involves Pennsylvania's Notice to Quit statutes. Under Pennsylvania Law a landlord must post or serve a Notice to Quit before the landlord files an eviction action against the tenant. The Notice Period could be 10-Days, 15-Days or 30-Days long. The length of time of the Notice to Quit is highly dependent on the facts of your situation so it would be best for you to contact or consult with an attorney like the law office of Christopher S. Manzi, Esq. before you post a Notice to Quit that is too long or too short. The Notice to Quit is also called an Eviction Notice. An eviction notice must be served or delivered to a tenant before an eviction action, and in other circumstances like when a tenant violates their lease, or when a landlord wishes to change terms of the lease.
The Pennsylvania lease agreements provided by Christopher S. Manzi, Esq. can help landlords recover rent more quickly by having the tenant waive their right to receive a Notice to Quit. Waiving the right to receive a Notice to Quit means that if you have a tenant who fails to pay rent, or a tenant who violates their lease agreement, you will be able to go to the magistrate and start an eviction action much sooner than if you had to serve the tenant with a Notice to Quit. If you have questions about your lease agreement and whether your lease has a waiver of the Notice to Quit requirement, you should contact the law office of Christopher S. Manzi, Esq. for a consultation so that a qualified Pennsylvania attorney can review your lease and inform you of your rights as a landlord.