Marshall D. Chriswell’s Answers

Marshall D. Chriswell

Indiana Estate Planning Attorney.

Contributor Level 11
  1. A woman moved into our duplex Sept. 4. Found out she's trouble/drug dealer. Didn't sign lease yet. How do i get her to leave?

    Answered 11 months ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    I would bring an eviction action immediately for violating the terms of the lease (over-occupancy) and particularly for lying on the application. You will have to go through the eviction process at District Court. There will be a hearing, and if you obtain an order for possession, the constable or sheriff will evict. All of this could take a couple of months. Good Luck. Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you. Sincerely,...

    1 person marked this answer as helpful

  2. Am i legally responsible to pay for a extermination of bugs or is my landlord responsible?

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    2. Ryan Adam Ballard
    2 lawyer answers

    In my experience, the responsibility is shared: the landlord has been held responsible for extermination costs. However, bedbugs are complicated to get rid of. Exterminators often require that all of the clothes and linens be removed from the premises while the extermination is done. Further, all of the linens and clothing should be washed in extremely high heat or dry-cleaned if necessary before returning them to the premises. This can be time-consuming and expensive, but it is usually the...

    1 person marked this answer as helpful

  3. Can I get my security deposit back from an apartment with asCan I get my security deposit back from an apartment with asbestos?

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer 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...

    1 person marked this answer as helpful

  4. Can I still be evicted if I pay my rent before the court date?

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    Generally, yes a tenant has a right to cure the default (i.e. pay all rent due) up until the court enters an order or writ of possession for the landlord. Entry of such an order will usually happen at the hearing or shortly thereafter. You should make payment of the back rent as soon as possible, and make sure there is a record of the payment (certified mail, cancelled check, etc). Then appear at the hearing and defend against the eviction on the basis that the landlord has already been paid...

    1 person marked this answer as helpful

  5. Landlord - Tenant Issue regarding water damage, mold, and not getting fixed.

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    I'm sorry, this sounds like an awful situation. Normally in this case, I would suggest withholding your rent payment until the problem is fixed; however, because you paid the rent for the entire term up front, this is not an option. I highly recommend seeking the advice of an attorney in your area. I do not practice in Philadelphia, and I the city has different landlord/tenant ordinances than the rest of the state. At a minimum, you should provide your landlord with written notice...

    1 person marked this answer as helpful

  6. What is the statute of limitations in PA on landlord/tenant issues? Can I get any of my money back?

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    You will find that most lawyers are hesitant to provide information about the statute of limitations, because there are exceptions to the general rules, and we would not want you to miss a deadline because we provided information without knowing all of the facts. You should consult an attorney in your area. 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...

    1 person marked this answer as helpful

  7. What is lessee parent's obligation to continue rent payments following death of lessee according to Pennsylvania law?

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    Unless the father cosigned the apartment lease with his now-deceased daughter, he will not be held responsible for any rent or other charges under the lease. I don't believe the landlord will be able to collect any rent for the time period after the daughter passed away, because this superseding event would terminate the lease. However, if there is any rent or other money due to the landlord from charges prior to the girl's death, the landlord may file a claim against her estate. If there...

    1 person marked this answer as helpful

  8. How do I go about removing someone's name from the deed of my home? . This person would prefer that his name is no longer on it

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    Although you don't say, I assume you mean that your brother is not selling his interest in the property, merely deeding it back to you. To accomplish this, you would have an attorney draft a deed that transfers your brothers interest in the property to you. The deed needs to be properly executed and recorded at the county courthouse where the property sits. Once this is completed, you would be the sole owner of the property. You may then deed an interest in the property to whomever you...

    1 person marked this answer as helpful

  9. My neighbor's asphalt driveway is partially on my property. Can he claim Adverse Possession or Perscriptive Easement?

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    Adverse possession may apply to the strip of land in question if your neighbor can show that he and the previous owners had actual, continuous, distinct, and hostile (i.e. without permission) possession of the strip of land for a total of 21 years. If so, your neighbor can "tack" his time of ownership together with that of his predecessors in title to meet the requirements of the statute. He could, on that basis, request a court to award him possession of the strip of land, no matter what your...

    1 person marked this answer as helpful

  10. Husbands grandmother died three years ago his father and uncle were named the beneficiaries. uncle did not settle estate

    Answered almost 2 years ago.

    1. Lawrence A Friedman
    2. Lars A. Lundeen
    3. Marshall D. Chriswell
    3 lawyer answers

    Your uncle, if he was appointed as executor or administrator, has a fiduciary duty to distribute assets of the estate as stated in the will or as mandated by statute (if no will). To enforce any rights you may have, you need to seek the advice of a probate attorney. 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 (...

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