Clifford L. Tuttle Jr.’s Answers

Clifford L. Tuttle Jr.

Pittsburgh Landlord / Tenant Lawyer.

Contributor Level 15
  1. Utility easements and tree removal

    Answered about 3 years ago.

    1. Clifford L. Tuttle Jr.
    1 lawyer answer

    Do you know where the power line easement boundary is? If not, ask them to provide a plan showing the easement. They have no right to require you to remove the whole tree, but only the portion that is trespassing. Nevertheless, pines grow fast and you may end up removing the tree if too much of it encroaches. if you can still transplant them, you may want to move them far enough away that you can keep them out of the right of way by pruning.

    3 lawyers agreed with this answer

  2. Shoplifting accusation

    Answered over 6 years ago.

    1. Clifford L. Tuttle Jr.
    2. John M. Kaman
    2 lawyer answers

    I agree with the previous answer. Grocery stores usually do not have full-time professional security people. This sounds like a manager or employee playing detective. It suspect that he was trying to identify an unknown person seen on a security tape and thought you were the person. Such tapes are not very good quality and it could be someone else who looks like you. Don't shop there anymore. If you are visited by the police, I suggest you inquire politely why they are there and if they...

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  3. Criminal record in PA is preventing me from getting a job, expunging criminal record in PA

    Answered over 6 years ago.

    1. William Robert Bickerton
    2. Clifford L. Tuttle Jr.
    2 lawyer answers

    You are not going to be able to keep people from doing background checks. Pennsylvania has a criminal justice system that is available to anyone. It is not that you are banned from retail so much as retail employers don't want to take a chance with someone with a conviction for retail theft.Try applying at a small employer who may not obtain background checks. CLT

    1 lawyer agreed with this answer

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  4. Under PA landlord tenant law what are tenant's rights to early termination of lease

    Answered over 6 years ago.

    1. Clifford L. Tuttle Jr.
    2. Stephen J. O'Brien
    3. Elizabeth Taylor Herd
    3 lawyer answers

    I want to add something to the answers by the other lawyers. You can sue your roommate at the District Magistrate's office for the rent and other costs you must pay in his/her behalf, whether or not he or she has moved out. There is nothing in Pennsylvania law that permits you to breach your contract with your landlord. However, you both may be mistaken as to what the contract says. Talk to a lawyer before you take action. CLT

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  5. At my first hearing what can I expect and what will the debt collector do?

    Answered about 4 years ago.

    1. Clifford L. Tuttle Jr.
    2. Dorothy G Bunce
    2 lawyer answers

    There is no jail or other criminal penalty involved here. This is a civil matter. The worst thing that can happen is that the plaintiff will obtain a judgment which may have to be paid at some later time. It will be on your credit and the judgment holder could execute against property you own, such as a bank account. Unfortunately, the plaintiff will use you as its witness at the hearing to prove the debt. I realize that you are without a job, but if you can, hire a lawyer. You may be...

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  6. Can a landlord in PA (Allegheny County) waive his/her duty to provide safe common areas (sidewalks, driveways)?

    Answered over 4 years ago.

    1. Clifford L. Tuttle Jr.
    2. Michael James Reed
    2 lawyer answers

    Yes it is legal to put in the lease that the tenant is responsible for snow removal. However, from what you say, it may not be in your lease. However, in the case of an apartment building, how is it going to be determined who shovels what? This is a contract issue that ideally should be worked out before signing. As a practical matter, I cannot think of an easy way to enforce this duty if your lease calls for you and the other tenants to clear the snow. Clifford L Tuttle, Jr...

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  7. Can my landlord charge me more than the amount of my security deposit for "damages"?

    Answered almost 5 years ago.

    1. Clifford L. Tuttle Jr.
    2. Forest Dean Morgan
    2 lawyer answers

    Whether you can be charged for cleaning may depend on how much cleaning is needed. You are correct that cleaning does not equate to damage, but if the place is extremely dirty a magistrate may agree with the LL that you should be charged. The purpose of the pictures is to show how clean you left the place if the LL claims that it was a mess. You won't show them to anyone unless you have a dispute. Yes, he is supposed to give you a list of damages and the rest of the deposit in 30...

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  8. For landlord-tenant deposits, is the date marked from when I receive it or post mark date?

    Answered 8 months ago.

    1. Clifford L. Tuttle Jr.
    1 lawyer answer

    The "mailbox rule" does apply. The date of postmark is the important date, not the day you receive the letter. So, wait a few days. Sometimes the mail is delayed. Of course, when the letter does arrive make sure you save the envelope. You will probably have to file suit magistrate's office in order to get the money. They will provide you with the form. They will also charge you a filing which becomes part of your judgment if you win the case. Clifford L. Tuttle, Jr. Attorney at Law

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  9. Neighboring foreclosures have me upside down in value but I still pay tax on the full amount. What can I do?

    Answered over 1 year ago.

    1. James S. Tupitza
    2. Steven M Zelinger
    3. Clifford L. Tuttle Jr.
    4. Shaye Larkin
    4 lawyer answers

    Check on assessment appeal deadline immediately. You may want to find a lawyer who knows the subject, since there is a fair amount of money involved. You are on the right track. However, the assessors usually cull out the sheriff sale properties. The problem is, of course, that the the sheriff sales can influence market values. A study of sales of comparable properties can determine the answer. Clifford L. Tuttle, Jr. Attorney at Law Pittsburgh, PA

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  10. Is phone harassment punishable under PA criminal laws, threats of rape to ex girlfriend felony under PA criminal code

    Answered over 6 years ago.

    1. Clifford L. Tuttle Jr.
    2. William Robert Bickerton
    2 lawyer answers

    No, its not a felony, but you can be sentencedto jail for terroristic threats -- communicating threats of violence. Here is what the statute says: 18 Pa.C.S. § 2706 (2008) § 2706. Terroristic threats (a) OFFENSE DEFINED.-- A person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to: (1) commit any crime of violence with intent to terrorize another; (2) cause evacuation of a building, place of assembly...

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