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    scrappy8604's Avatar
    scrappy8604 Posts: 4, Reputation: 1
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    #1

    Aug 13, 2006, 09:45 AM
    PA Law Regarding Showing Occupied Rental Units
    We live in Pennsylvania and we are in a battle with our landlord. During the two years we've lived here, our landlord has basically been a slumlord. He has left us without heat for days at a time, because he wouldn't fill the oil up before it ran out. We have had countless leaks, which caused a lot of mold to form and ruined shoes and clothing of mine. There are termites, rodents, and the roof is falling down and poses a threat to our vehicles and ourselves. He has gone on countless vacations without letting us know he was leaving and without leaving a number to reach him at. Recently, our furnace broke, leaving us with no hot water for showers or dishes. He was on vacation for a week before we could get in touch with him. He then took an additional week to call a repairman. Also, after signing a letter stating what utilities are included in our rent for his mother's nursing home, he had our cable shut off without telling us. It cost us $184 to have it turned back on in our name. When we first moved in, the stove was broken and we didn't get a new one for over a month. The locks were also broken and we had to pay to replace them. There were rodent droppings all over the cabinets, mold all over the refrigerator, and crayon all over the baby's room walls. So, you can see living here has not been fun, but we have five pets and a baby, and didn't want to move until we were ready to buy a home.
    On July 16th, he told us that he was selling the house and that we'd have two or three months to move out, because it was going to take quite awhile to get it in shape (I don't know why anyone would buy this house in the shape it is in- it should be condemned!). On August 5th, we went up to pay the rent which he accepted for the month. Again, he said he had at least two or three months and that it wouldn't even be listed for two months. Two days later, we received a certified letter stating per our conversation on July 16th, we had to be out by Aug. 16th. We called a bunch of government places and found out that this is not a legal eviction and that we can make him take us to court to get us out. (We are on a month to month basis).
    Now our worry is that when they start to show the house, the realtor will just come at any time. How much notice do they have to give us in Pennsylvania? How do they have to give it to us- by phone or written? Also, if we are not going to be home when they want to come, can we refuse to let them show? I do not trust my landlord and do not know the people who will be looking at our place. We are worried our things will be stolen if they show while we aren't home. We also don't want them to "accidentally let our cat or dogs out, which is exactly something our landlord would do. Our landlord is a creep, and I don't trust what he might do if he comes down while we are not there.
    I have looked on the web and can't find anything relating to our rights to privacy. I am fine with a realtor showing the place between decent hours, but only if we are HOME. What are our rights?
    brooks's Avatar
    brooks Posts: 57, Reputation: 2
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    #2

    Aug 13, 2006, 10:38 AM
    You need to be a bit more selective when renting property. If you move into a dump, then it will be a dump during all of your tenancy. Your landlord caters to a selective group of tenants and slum property is not only identified by the condition it is in, but by the rent charged. If you choose to be evicted, then your chances of buying a home will be tarnished by an eviction in your record. Since you are a m2m tenant, a 15 day notice is all that is required during the April 1st and Sept 1st

    Sorry, the link I provided did not work. I think this site has a link to PA statutes.
    scrappy8604's Avatar
    scrappy8604 Posts: 4, Reputation: 1
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    #3

    Aug 13, 2006, 10:54 AM
    Well as for the eviction tarnishing our record, we already have a letter signed by our landlord stating we are leaving due to the sale of house and not due to anything we have done.
    When we first viewed the apartment, it seemed OK. It wasn't until we moved in that we discovered all of the things I mentioned. It had taken us 5 months to find an apartment that would allow our pets and a baby, so we really didn't have many options.
    When we talked to the PA attorney general, the housing agency, the bureau of consumer protections, and legal aide, we were told that in PA, we have to receive a 30 day notice. Where did you see the thing about 15 days? I'm not trying to be rude- I'm just curious.
    brooks's Avatar
    brooks Posts: 57, Reputation: 2
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    #4

    Aug 13, 2006, 11:04 AM
    My error, I was under the impression you were not paying your rent If you continue to pay your rent on time, then you get your 30 day notice starting at the beginning of your rental period. You have to let them show the house, but they must do so at reasonable times and with notice.

    Also, be careful with going to court, the bank will conduct a routine check and an eviction will show up on your record and will cause problems that you will have to explain. The letter you have will not be any help if the eviction follows the letter.
    scrappy8604's Avatar
    scrappy8604 Posts: 4, Reputation: 1
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    #5

    Aug 13, 2006, 11:27 AM
    The thing that concerns me most is whether they can show when we are not going to be there. Say they call and say we're coming tomorrow at ten. Can I say they have to make it for another time? I don't trust people or my landlord coming to look at the house without one of us being here, plus we have animals who can get out when the door is opened.
    brooks's Avatar
    brooks Posts: 57, Reputation: 2
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    #6

    Aug 13, 2006, 11:40 AM
    Explain to them verbally and in writing that it is in their best interest that they show the unit when you are present and the house is presentable. Tell them that some of your dogs are aggressive and you are concerned about them bodily harming someone.

    Your lease will dictate your rights regarding showing of the apartment. Take a second look at your lease.


    Things to also keep in mind. In PA it is legal for your landlord to put a notice waiver in the lease. If you have such a waiver in your lease, then the landlord can take legal action as the first recourse and does not have to give you a notice to cure. PA does not have a minimum notice requirement regarding LL entry, so again you will have to refer to your lease for how much requirement for landlord entry you have agreed to. Usually, most LL's agree to reasonable notice to be anywhere from 8 to 24hrs for a notice to enter.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Aug 13, 2006, 12:52 PM
    I could not find the exact place in PA law but normally there is a 24 hour notice, and it can be by phone, in person but would normally be by phone.

    Actually most real estate sales people don't want you in the home, since you will be in the way of them showing it, and they show it when the buyers want to see it. Most real estate people may ask if possible that you don't be home. I know as a buyer and seller, the few homes I have ever viewed with people in the home ( one was still in bed) I have never bought it since it was harder to look into closets, open drawers and the such that is really done when looking for property.

    But perhaps if some new landlord is going to buy it you should be happy since you may get a better landlord.
    scrappy8604's Avatar
    scrappy8604 Posts: 4, Reputation: 1
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    #8

    Aug 13, 2006, 12:53 PM
    Since we were promise a lease, but never given one, I'm going to put in writing that I request 24 hours notice and that if I am not available at the time they want to show that they will have to pick a time when one of us will be home, because we don't want anything stolen and we don't want our dogs and cat to disappear. I am going to send it by certified mail, and if he tries to come without giving us notice, I simply won't let him in. I don't think he has a key. I can also call the bureau of consumer protection and file a complaint. I am already filing one with the attorney general's office. They told me to put everything the landlord has ever done to us on the form they're sending and that there is going to be an investigation. I pray we get preapproved for a house, because I never want to rent again, not after this experience!

    I don't think a new landlord is going to buy it. If a new landlord is going to buy it, it's pretty stupid of our landlord to be telling us to leave! Apartments are much more desirable when they're already rented. I don't think my landlord even thought of that.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Aug 13, 2006, 01:26 PM
    Some property has a lot more value with an empty building, if new owners may be interested in tearing the building down or converting it to lofts of condo's, they would want it empty
    brooks's Avatar
    brooks Posts: 57, Reputation: 2
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    #10

    Aug 13, 2006, 05:48 PM
    Scrap, your best bet is to concentrate your efforts into finding a temporary location or housing for your animals. It is not likely that anything will be done to remedy your situation and antagonizing that landlords Realtor is only going to expedite your departure.
    You will be given a 30 day notice to vacate and an eviction will follow soon afterwards. If the house or apt is in that bad of a condition, then code compliance may just red tag it and give you 24 hrs to find a new place. Contact an attorney and have them send your landlord a letter with the proper regulation regarding termination on a M2M tenancy. At least, it will buy you tenancy until the 30 of Sept if you get served on the 1st of Sept.

    Your landlord cannot come into your apartment if you deny permission however, he does have a right to show the apartment and can get a court order to make you comply. Since there is no statute that regulates landlord entry in PA, disputes are generally settled in court with the Judge deciding what is reasonable. Try to work with the Realtor instead of against her.

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