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Marshall D. Chriswell

Marshall Chriswell’s Answers

99 total


  • I had a rent to own with a landlord, we missed 2 payments and now he sent us a 10 day eviction is there any thing i can do?

    he took us to a magistrate and we were told we would have thirty days to pay what we owed, it was not even 10 days ago and we got papers from the constable that we had 10 days to make payment or we would be evicted.

    Marshall’s Answer

    • Selected as best answer

    You should see a real estate lawyer as soon as possible. Depending on the structure of your agreement, you might have an equitable interest in the property - meaning that the landlord would have to foreclose on the property rather than just evict you as if it were a regular landlord/tenant relationship. This will give you more legal protections and much more time.

    Further, no matter how the relationship is interpreted (lease or mortgage), you still have a right to cure the default, by bringing all of your payments current.

    If you cannot afford a lawyer, seek help from your local legal services organization -- they will often assist with landlord/tenant matters.

    Good Luck.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

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  • How do i get someone to move out of my house

    girlfriend moved in with me 3 years ago, i own the house. relationship is over but she won't leave.

    Marshall’s Answer

    It appears you are in PA, therefore you will have to comply with PA law. The Landlord/Tenant Act requires that you give her proper written notice and then file an eviction action with the Magisterial District Court for the jurisdiction where the real estate is located. A hearing will be scheduled. If you are successful, the judge will issue an order of possession. If she doesn't move, the sheriff will remove her.

    Good Luck.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • Can I get my security deposit back from an apartment with asCan I get my security deposit back from an apartment with asbestos?

    My apartment had asbestos in it when I moved in and my landlord knew but did not tell me. Personally feeling in danger (work in the health profession), I moved out 6 days after I had moved in (would have been sooner if my new apartment was ready ...

    Marshall’s Answer

    To get the deposit back, you would have to sue your landlord at the magisterial district judge in the jurisdiction where the rental property is located. You will have file a complaint and pay the cost of filing, but if you win the court will make your landlord reimburse you for those costs.

    you could argue that no lease ever existed, however be aware that a valid contract can be formed over email, plus the fact that you moved into the dwelling indicates there was an agreement. You should also argue that upon moving in you determined the dwelling was uninhabitable. the landlord has the duty to provide tenants with a habitable rental unit, and if he does not then he is in violation of the lease.

    also, be prepared to testify as to the condition of the apartment when you moved out (i.e. that you didn't leave it messy). the fact that you only live there for a few days should work in your favor.

    good luck!

    Marshall Chriswell

    please mark this answer "helpful" or "best answer" if appropriate.

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  • Am I responsible if a tree on my property falls on my neighbors fence and damages it?

    My tree in my backyard fell onto a neighbors fence and damaged their fence during a hurricane. This tree has always been there even before I built my house there. It was kind of tilted to begin with.

    Marshall’s Answer

    Your neighbor will probably Turn this in to their insurance company. Their insurance company might seek payment from you if they believe the tree falling was foreseeable and it was the product of your negligent maintenance.

    Marshall Chriswell

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  • My mother died and left property to my older brother.

    Stipulation in the will is if and when the property sells the funds from the sale are distributed equally among surviving brothers. The brother that inherited it transferred the property to a nephew for one dollar. Is that legal or should it be fa...

    Marshall’s Answer

    The answer will depend on the exact in the will, as well as other facts. You should consult with an attorney.

    Marshall Chriswell
    Attorney at Law
    30 S. Second St.
    Clearfield, PA 16830
    888-438-5977

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  • Please see the letter I got below. Is there anybody out there who knows about tenant rights. Do I have 30 days to remove my item

    I has received your request to enter the premises to retrieve items that you let behind. As you are no doubt aware once he was awarded possession of the residence your right to enter ceased. And even though he has given your more than a reasonab...

    Marshall’s Answer

    If you provided notice to your landlord within 10 days of moving out, then the landlord is required to hold your property for thirty days.

    I recently wrote a legal guide on this issue, which you should review. Here is the link:

    http://www.avvo.com/legal-guides/ugc/pennsylvania-landlord-tenant-law-act-129-sets-new-rules-for-tenants-abandoned-property

    Good Luck.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • My Fiancee and I paid a security deposit on an apartment, but didn't sign a lease. We chose not to take it. Can they sue?

    My Fiancee and I recently visited an Apartment complex this week. We liked what we saw, signed applications to apply for it (including background check, etc) and put down a $630 deposit fee. However after some financial situations with our family,...

    Marshall’s Answer

    No, if you did not sign a lease you are not liable for anything over and above the charges stated in the application (application fee? credit-check fee?). If this was a true "security deposit," then it should be returned to you. However, if it was a non-refundable deposit to hold the apartment during your application review, then the landlord can keep it. Take a look at your application for the appropriate language.

    Further, you should immediately provide the landlord or management company notice in writing that you would like to withdraw your application and that you do not intend to sign a lease.

    Good Luck.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • Is an automatically renewal rental agreement enforceable in the state of Pa.?

    I signed a lease that stated if you move out you must give 2 months notice in March thast you are moving in May if not it renews again for another year.

    Marshall’s Answer

    You have not given many facts, so it is difficult to answer your question. Here is a general answer that should NOT be relied on as legal advice:

    Yes, I believe the terms of the lease would control. You should read the rest of the lease and see if there is a provision for early termination, which would state how much notice you have to give the landlord before terminating the lease. Some leases contain this language, others do not. If there is no early termination provision, what about subletting - is it permitted?

    If none of the above apply, then you are bound by the lease. If you move out early, the landlord can collect rent from you while he diligently looks for another tenant. You will be responsible for the rent until he finds someone to move in. If you must move, I would let the landlord know immediately so that he/she can begin looking for other renters. Hopefully you can work out an amicable solution to the problem (such as you giving two months notice and the landlord not holding you responsible for any rent after that time). If you cannot reach an agreement, seek the help of a landlord/tenant attorney. If you are low-income, there are legal services organizations that may be able to help you. Go to palawhelp.org.

    Good Luck.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • What do I have to do if my last landlord did not pay me my security deposit back?

    Moved in August 15, 2011. Moved out May 5, 2012. Lease end in August 15,2012. Paid full amount of sublet fee already. Have been waiting for more than 30 days. They seem do not want to pay back my secuarity deposit.

    Marshall’s Answer

    Send a written request to your landlord with you new address (if you haven't done so already).

    You can file a suit for return of the security deposit at the Magisterial District Judge in the jurisdiction where the rental unit is located. The staff there can provide you with a simple complaint form to fill out. Once it is filed and served on the Landlord, a hearing will be scheduled where you can show up and tell the judge what happened. If the Judge finds that the landlord violated the statute, he/she will issue a judgment in your favor and require the landlord to reimburse you for the filing fee.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • Whats rights do i have to fight a collections for cancel of lease after 3 hours after signing

    I was going to move in to this Apartment complex. In August 2012 after signing a lease was told my apt would not be ready for a few hours due to they were still cleaning.. This wasn’t a problem since it was going to take me that long to get my th...

    Marshall’s Answer

    I understand your frustration. However, once you signed the lease you became liable for the rent. The landlord does have the duty to "mitigate" your damages, though -- that is, the landlord must make reasonable efforts to find a new tenant as quickly as possible, but he/she may collect the rent from you in the meantime.

    You should have a landlord/tenant attorney review the lease to determine if there is language dealing with an early termination. The lease itself may limit your liability.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question