Clifford L. Tuttle Jr.’s Answers

Clifford L. Tuttle Jr.

Pittsburgh Landlord / Tenant Lawyer.

Contributor Level 15
  1. My lease states that I must maintain or replace the appliances am I allowed to take the appliances when I move

    Answered 4 months ago.

    1. Clifford L. Tuttle Jr.
    2. Jacob Ryan Lauser
    3. Matthew Louis Solomon
    3 lawyer answers

    If you remove the appliances, do not be surprised if your landlord keeps the security deposit and perhaps sues you for an amount over the security deposit to recoup the value of the appliances. Assuming that the lease does not contain additional relevant provisions, I think that, from your perspective, this issue is worth litigating. However, be aware that the outcome is uncertain. The magistrate does not have the power to order you to return the appliances, but he may be inclined to...

    4 lawyers agreed with this answer

  2. How can we ask a judge for immediate relief from a tenant filing appeal from a magistrate court eviction

    Answered 7 months ago.

    1. Clifford L. Tuttle Jr.
    2. James S. Tupitza
    3. Robert John Carey
    4. Eid Edward Qaqish
    4 lawyer answers

    Unfortunately, your tenant is exercising his rights under the law and you cannot go to a judge to get the appeal dismissed, even when there are no grounds. However, there are a few things that can be done. You can have his occupancy terminated if he does not make escrow payments to the Prothonotary on time. Go to the Prothonotary and ask for a copy of the ten day notice that you must send after he fails to make a payment sand the praecipe to terminate supersedeas. . The Prothonotary can...

    4 lawyers agreed with this answer

  3. Is PA state a community property state, how is separate and marital property divided upon divorce in PA

    Answered over 6 years ago.

    1. Clifford L. Tuttle Jr.
    2. Brian Christopher Vertz
    3. Margery Ellen Golant
    4. Jozefa Kristina Jackson
    4 lawyer answers

    No, Pennsylvania is not a community property state. Property held jointly by a husband and wife is usually held as tenants by the entireties, meaning it is owned by both as though by one person. However, divorce converts this into a tenancy in common, with each owning one half. If the parties can agree on property division during divorce, all the better. But if they cannot, the court will decide. Separate property, such property owned before marriage or inherited, is retained in full....

    1 lawyer agreed with this answer

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  4. MY HOME WAS SOLD AT SHERIFF'S SALE BUYER JUST REC'D DEED, HE PLACED AT NOTE ON MY DOOR SAYING TO VACATE , HOW MUCH TIME DO

    Answered 3 months ago.

    1. Clifford L. Tuttle Jr.
    2. Thomas Kenny
    3. Robert John Carey
    3 lawyer answers

    In order to force you out, new owner would have to file a new action in ejectment, serve it, obtain judgment and get a writ of possession. He would then have to get the sheriff to evict you. You have enough time to find a rental property and move. You should start on it immediately. Let the new owner know what you are doing. If he tries to short-cut the process by self-help, you need a lawyer. You may be eligible for legal services or a pro bono assistance program. It is worth the inquiry....

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  5. Internet and TV service was included in the lease

    Answered 4 months ago.

    1. Clifford L. Tuttle Jr.
    2. Kendra L. A. Stephen
    3. Daniel Mark Levine
    3 lawyer answers

    Interesting question. Landlords are often turning off utilities as a means of self-help. When they involve heat, light and similar matters, this is considered a constructive eviction and can result in damages -- eventually, not immediately. TV and internet may not be considered necessities. I doubt if there is any case law involving TV and internet shut off. However, you may be able to make a case that internet is a necessity, since you are using it for job hunting. Internet is definitely...

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  6. Do we have a case against our home inspector. We had our home inspected in October and needed to have our roof replaced in March

    Answered 5 months ago.

    1. Clifford L. Tuttle Jr.
    2. James S. Tupitza
    3. Shelley Ann Elder
    4. Shawn B Alexander
    4 lawyer answers

    You need a lawyer to review the contract you signed with the home inspector and the insurance policy. Home inspection contracts often have exculpatory language which could relieve him of liability in many circumstances. The insurance company may be interpreting the policy language in a way that may not stand up in court. If you recently purchased the property (the usual reason for a home inspection) you may have a claim against the seller for failing to disclose. Look for tell-tale signs...

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  7. In PA what rights as a landlord do I have to stop my tenants from bringing in subtenants? (they are now being evicted)

    Answered 7 months ago.

    1. Clifford L. Tuttle Jr.
    2. Alan James Brinkmeier
    2 lawyer answers

    You are in the process of evicting your tenants and the subtenant with them under the proper legal process. Unfortunately for you, your tenants are exercising their right of appeal. However, you one thing going for you that you should not overlook. The tenants must pay rent into escrow with the Prothonotary, even if they are indigent. If they fail to make a timely payment, you should send them a form notice (the Prothonotary can provide you with one) telling them that they have 10 days...

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  8. How do we collect back rent from dec 3, 2010 for each week after that till present week sept 21, 2012 in he amount of $100.00 wk

    Answered about 2 years ago.

    1. Clifford L. Tuttle Jr.
    2. John Karl Puskar
    2 lawyer answers

    You can bring a landlord-tenant complaint with the Magisterial District Judge. Although you have an oral lease, you have records of payment, which should be sufficient to prove your case. I would be willing to handle this for you if you wish. Clifford L Tuttle, Jr. Attorney at Law

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  9. What does a non refundable pet deposit at a rental cover? What does a monthly pet fee at a rental cover?

    Answered 4 months ago.

    1. Clifford L. Tuttle Jr.
    1 lawyer answer

    Read the lease, plus any pet rider. However, I am betting that the extra money you paid is not going to be applied to the carpet cleaning. You probably paid for the privilege of having a dog during the lease term. But don't take my word for it -- read the lease and addendum. Clifford L. Tuttle, Jr. Attorney at Law Pittsburgh, PA

    3 lawyers agreed with this answer

  10. My landlord is trying to evict me for past due rent. But agreed to work with the urban league to receive the payment in full

    Answered 6 months ago.

    1. Clifford L. Tuttle Jr.
    2. Kushal Nikhil Dave
    3. Olga Someras
    3 lawyer answers

    Will the Urban League pay one month or three months after 90 days? Regardless, how are you going to get back on schedule, assuming that the Urban League payment comes through? You need to work out a deal, in writing, that includes the Urban League payment but does not rely on it alone. Then keep the agreement. By the way, in my experience, these grants take longer than the agency says to come through. You need to plan to pay something while you wait for the Urban League money. CLT

    3 lawyers agreed with this answer

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