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Michael Ian Werner's Answers
- 104 Legal Answers
- 13 Legal Guides
1
Attorney answers:
What can a tenant do to compel landlord in returning the security deposit under PA landlord tenant laws
First you should contact him in writing and make sure that you provide him with your new address. This will set in motion a thirty (30) day window for him to return the security deposit. If he fails to do so, you can file suit (i.e. sue him) for two (2) times the actual deposit. Such a law suit can be started by filing a Complaint with your local District Magistrate. The process is relatively straight forward and you are not required to hire an attorney to do this. Good luck.
8 people marked this answer as helpful
1
Attorney answers:
Can a landlord lock out a tenant and hold tenant's personal property under PA landlord tenant laws
This sounds like a case of a landlord helping him/herself to personal property in an attempt to offset some alleged damage. This is considered "self-help" and that is an action that is not permitted in Pennsylvania. At a minimum, the owner of the property should file a complaint with the local Magisterial District Judge (so long as the damages are for $8,000 or less). At the maximum, this may be a criminal matter and the police should be called.
6 people marked this answer as helpful
3
Attorney answers:
Under Pennsylvania probate laws does the estate automatically go to the surviving spouse
Inheritances in Pennsylvania are first and foremost controlled by the Will of the Testator (i.e. someone writing a Will) can disinherit (i.e. give nothing to) anyone they want, except their spouse. If a spouse is disinherited (i.e. left nothing) that surviving spouse can "take against the Will" an amount equal to 1/3 of the Estate.
4 people marked this answer as helpful
1
Attorney answers:
Death during Divorce separation
As the divorce was never finalized, you still have some rights (possible all your rights) as a surviving spouse. You should contact a local attorney immediately to determine what claims you can/should make against his estate.
3 people marked this answer as helpful
1
Attorney answers:
Can we put joint rental property into a LLC
To answer your first question, yes, you will have to pay Realty Transfer Tax on this transfer of real estate. The tax would be assessed on your entire share of the property (i.e. 1/2 of the total fair market value). In response to your second question, yes, there are plenty of other things to think about. A couple of them are: 1. Your LLC will be subject to a Capital Stock Tax however if you set up a General Partnership, with the LLC as the General Partner, you could get the same...
3 people marked this answer as helpful
3
Attorney answers:
Contesting a will
If you can show that someone exerted undue influence over your father to sign the new Will, you may actually have a chance of voiding this Will. However, in such a situation, his most recent Will before this one would become valid once again. So unless you know what that one said, there may be no point in pursuing this matter further. I strongly recommend reviewing this matter with an attorney.
1 lawyer agreed with this answer
1
Attorney answers:
Additoinal rent payments
That is an excellent questions. The answer lies in the exact language of your lease. If the lease states the monthly rent is $600, then goes on to describe the timing of those payments as bi weekly, then answer is, you only pay $600 a month no matter how the weeks fall. If however, the actual description of your payments is $300 every two weeks an the $600 per month is simply a description of how payments should usually be made, then the answer is, you must pay $300 every two weeks even if...
2 people marked this answer as helpful
2
Attorney answers:
PA landlord tenant law, can a tenant break the lease if his work is an hour away
I agree with the above answer. Be sure to read your lease carefully. Also, should your lease have such a provision, living 1 hour away from your job will not count as "Unforeseen Circumstances".
2 people marked this answer as helpful
1
Attorney answers:
Under PA landlord tenant laws when is a landlord allowed to change the locks
I can't believe that the police won't show up. If you and the neighbors are unable to get the police to deal with this, your only other option is to file an Eviction action before your local District Magistrate. Upon receiving an order for possession, you can take that to the Sheriff's office and get these squatters removed. Unfortunately, under PA law you are not permitted to just change the locks on someone who claims that they have a right to possession.
2 people marked this answer as helpful
2
Attorney answers:
What could happen if I turn young neighbor in to the police?
If you know that he is committing a crime (i.e. smoking pot) on your property you could be held responsible also. If you can't put a stop to this activity on your own, by speaking with both him AND his parents/guardians, you absolutely should involve the authorities before something truly tragic occurs in your house or your car.
1 person marked this answer as helpful