Michael Ian Werner’s Answers

Michael Ian Werner

Pittsburgh Landlord / Tenant Lawyer.

Contributor Level 12
  1. Tenant rights re security deposit (LL lives on property in 4 unit dwelling)

    Answered 8 months ago.

    1. Michael Ian Werner
    1 lawyer answer

    First and foremost, you need to read your lease very carefully. Look to see which, if any, of these matters are addressed in the lease. Assuming your lease is silent of these matters, you can bring an action against your landlord for the return of your security deposit with the local Magisterial District Judge. The condition of your unit will probably not help you collect additional damages from the landlord, but those conditions may be used as a defense to any claims that you left the...

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  2. How do I obtain a trust from my great grandmother?

    Answered 9 months ago.

    1. Thomas J. Wagner
    2. Deborah B Miller
    3. Michael Ian Werner
    3 lawyer answers

    At this point it will be incredibly difficult for you to pursue this matter without the assistance of counsel. I strongly recommend that you hire a local attorney with a practice focused on Orphans' Court litigation. Good luck.

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  3. Would I be awarded moving fees by landlord / I am disabled and must pay movers to get moved.

    Answered 10 months ago.

    1. Michael Ian Werner
    1 lawyer answer

    You should review your lease. Absent some language in the lease about moving expenses under this type of situation, I find it quite unlikely you will recover such costs.

    1 lawyer agreed with this answer

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  4. What actions can I take?

    Answered about 1 year ago.

    1. Edward Clement Sweeney
    2. Michael Ian Werner
    2 lawyer answers

    Although your options are limited, I would not hesitate to call the township and police at any time that you or your family feel threatened. If either of those dogs come after anyone, whether they actually cause physical harm or not, I would call the police. Their actions might rise to the level of harassment and it might be worth your time (and money) to consult with a local attorney about these issues.

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  5. Landlord said he's evicting me because of my puppy. I have no physical lease. Can he evict me?

    Answered about 1 year ago.

    1. Michael Ian Werner
    1 lawyer answer

    Without a written lease agreement, it is difficult to advise you on the actual terms of your agreement with the landlord. Pet or no pet, if there is o written lease and you have been paying your rent on a monthly basis, your landlord may have an argument to treat your lease as a Month-To-Month Tenancy. As such, you will be entitled to a full month's notice of his intent to terminate the lease. After that, you will either need to leave or prepare to defend your position in an Eviction Action....

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  6. Death during Divorce separation

    Answered over 5 years ago.

    1. Michael Ian Werner
    1 lawyer answer

    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.

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  7. Under PA landlord tenant law, if I provided written notice that I would be moving did I break my lease

    Answered almost 6 years ago.

    1. Michael Ian Werner
    2. John Joseph Miravich
    2 lawyer answers

    It is difficult to answer your question without reviewing your lease. However, from the information you provided, you are the one that was in violation of the lease. It was kind and courteous of you to notify the landlord, but unless the lease allows for it, your notice did not release you from the obligations of the lease. Your landlords damages here may be minimal. If you paid the rent all the way up to the new tenant moving in and if the new tenant is paying the same amount you were...

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  8. Tenants rights under PA laws regarding the return of the deposit

    Answered almost 6 years ago.

    1. Michael Ian Werner
    2. Clifford L. Tuttle Jr.
    2 lawyer answers

    I agree with the above answer, you need to give the landlord written notice of your new address immediately. However, as a point of clarification, the remedy that you may be entitled to should the landlord miss the thirty (30) day time period is only double damages. See 68 P.S. section 250.512.

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  9. PA landlord tenant law/act, tenant's right against landlord for damage deposit dispute

    Answered almost 6 years ago.

    1. Michael Ian Werner
    1 lawyer answer

    In order to claim double the security deposit, the tenant MUST provide you with written notice of his/her new address. Once they have done so, that is when the thirty (30) day clock starts ticking. If they failed to give you that written notice, your only obligation is to return the unused portion of the security deposit along with an explanation of what the rest was used for. You are not obligated to return a double deposit.

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  10. Pennsylvania real estate laws, FSOB and real estate forms, for sale by owner

    Answered almost 6 years ago.

    1. Harper J. Dimmerman
    2. Michael Ian Werner
    3. Dennis A Scardilli
    4. Stephen J. O'Brien
    5 lawyer answers

    In addition to what was stated above, you MUST also provide your Buyers with a Sellers' Disclosure Statement. If you fail to do so, you could be held liable for problems with the property that the Buyer claims you were aware of and failed to disclose. This is especially important when selling "As Is".

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