Michael Ian Werner’s Answers

Michael Ian Werner

Pittsburgh Landlord / Tenant Lawyer.

Contributor Level 12
  1. Under Pennsylvania probate laws does the estate automatically go to the surviving spouse

    Answered almost 6 years ago.

    1. David M. Frees III
    2. Jay G. Fischer
    3. Michael Ian Werner
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

  2. Can we put joint rental property into a LLC

    Answered almost 6 years ago.

    1. Michael Ian Werner
    1 lawyer answer

    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...

    1 lawyer agreed with this answer

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  3. Can someone file a Complaint in Ejectment from Prison?

    Answered 11 months ago.

    1. Michael Ian Werner
    2. Nusrat J. Rashid
    3. Sean Patrick Lewis
    3 lawyer answers

    I agree. Yes, it can be done, but using a Landlord-Tenant lawyer would be strongly advised. Also, in Pennsylvania, there is a distinction between "ejectment" and "eviction". Make sure you are pursuing the correct type of action.

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  4. Am I obligated to give landlord key to both locks on my apt. Door.

    Answered 7 months ago.

    1. Matthew Louis Solomon
    2. Michael Ian Werner
    2 lawyer answers

    Yes, you are required to provide keys to the apartment to your landlord. With that being said, he is not permitted to enter the apartment any time he wants. Absent an emergency, he must provide you with advance notice pursuant to the terms of your lease.

    2 lawyers agreed with this answer

  5. Can I legally padlock the electrical breaker until my roommate pays me for the electric bill?

    Answered 7 months ago.

    1. James W. Zerillo
    2. Michael Ian Werner
    3. Gary Roger Waitzman
    3 lawyer answers

    Try to find another way to deal with this dispute. Padlocking the electrical breaker is simply a bad idea. Nothing good will come of it.

    2 lawyers agreed with this answer

  6. Can I be evicted if I paid what the court ordered, but I still have a balance for February which I told them I will pay Fri.

    Answered 7 months ago.

    1. Michael Ian Werner
    2. James S. Tupitza
    2 lawyer answers

    It is not possible to accurately answer your question without some additional information. I suggest you re-post your question with more details. Some of the questions you should answer in your re-post are: 1. What exactly did the Court Order say? 2. Is the balance for February part of the Court Order or an obligation you owe under a lease? 3. When is February's payment due? 4. Do you have a written lease agreement and what does it say about evictions?

    2 lawyers agreed with this answer

  7. A landlord still has my security deposit. no receipt was given and I do not believe it was deposited into an account. She wants

    Answered 7 months ago.

    1. Matthew Louis Solomon
    2. Rocco Ernest Cozza
    3. Michael Ian Werner
    3 lawyer answers

    If you are still holding onto the keys, then your landlord might interpret that as you failing to relinquish possession. I suggest you give back the keys along with your written notice of new address. The landlord will then have 30 days to give you an explanation of what your security deposit was used for and to return the balance of the same to you. If the landlord misses that 30 window, you will have the right to sue for double your original security deposit and your landlord will be...

    2 lawyers agreed with this answer

  8. I bought a house with an ex girlfriend. Mortgage is in my name only. Deed in both names.Can I stop paying mortgage?

    Answered 8 months ago.

    1. Robert John Carey
    2. Jeffrey Andrew Rowe
    3. Michael Ian Werner
    4. Emily S. Gomez
    4 lawyer answers

    I recommend that you continue paying on the mortgage until you discuss this in more detail with a local Real Estate Attorney.

    2 lawyers agreed with this answer

  9. Was evicted about 8 years ago in Pa, I cant find records of the eviction. Will this show up in a rental check from West Coast?

    Answered 8 months ago.

    1. Michael Ian Werner
    1 lawyer answer

    Probably not, but it will depend on how sophisticated of a search is conducted. For your own reference, try looking up your case on this website: http://ujsportal.pacourts.us/DocketSheets/MDJ.aspx

    2 lawyers agreed with this answer

  10. Who is responsible for damages caused by a Burglary, tenant or landlord?

    Answered 8 months ago.

    1. Nellie T. Schulz
    2. Erica June Shoaf
    3. Michael Ian Werner
    3 lawyer answers

    As with most landlord tenant matters, you should first review your lease. If the lease is silent on this matter, the damages to the unit should be the responsibility of the landlord. That is assuming the damage was not in someway your fault. Good luck.

    2 lawyers agreed with this answer