Harper J. Dimmerman's Answers

Harper J. Dimmerman
Philadelphia Real Estate Attorney.
Contributor Level 7

1

Attorney answers:

  1. Harper J. Dimmerman

What can my landlord do about a noisy neighbor. cops and landlord are continuiously called and neighbor is still very loud.

Asked by a user in Philadelphia, PA - about 3 years ago.

It is quite likely the noisy tenants are violating the terms of their lease, which would be a basis for the landlord to evict them. Clearly she is afraid of losing the additional income. If she has other units, I would request that she relocate one of you. If not, I would negotiate to get out of the lease, with a credit for enduring the agony of living next to these people. The implied warranty of habitability is being violated.

2 people marked this answer as helpful

5

Attorney answers:

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

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

Asked by a user in Pittsburgh, PA - over 3 years ago.

How long have you owned the property? If you have intimate knowledge of defects at the property, you should err on the side of caution and over-disclose in that state required Disclosure form. Additionally, make sure the contract is clear that the property is being purchased As-Is. Finally, check with the municipality and ensure that any necessary certification(s) are obtained and provided. Generally, the buyer's title company will make these specific requests upon you. However, if there...

2 people marked this answer as helpful

1

Attorney answers:

  1. Harper J. Dimmerman

Can my tenants break their lease if I can't get rid of the mice?

Asked by a user in Philadelphia, PA - about 3 years ago.

The reality is that in the cold, mice are a practical reality of living in town. However, the degree of infestation can certainly impact habitability. The good news is that you're remediating the problem. The bad news is that if I were representing the tenants, I would seek a rate concession until the problem is resolved. This next exterminator report will be important because it will either confirm or deny the veracity of the renters' claims. They might have a basis to break the lease...

1 person marked this answer as helpful

1

Attorney answers:

  1. Harper J. Dimmerman

How legally binding in PA is the disclosure statement filled out by seller?

Asked by a user in Philadelphia, PA - over 2 years ago.

If you have concrete evidence that the seller fraudulently induced you into the transaction, and the defect was serious, you absolutely have a claim in civil court. This should be brought within two years. The Seller Disclosure Law is serious business and certainly not something to be disregarded by unscrupulous sellers. http://www.hjdlaw.net

1

Attorney answers:

  1. Harper J. Dimmerman

Can a landlord charge me for flushing tampons down a toilet which apparently caused a clog?

Asked by a user in Philadelphia, PA - almost 3 years ago.

Your landlord is reaching here. You have breached the lease and you are clearly not responsible for pre-existing issues.

1

Attorney answers:

  1. Harper J. Dimmerman

Can a landlord make a tenant pay half for a new front door and the old one has holes in it?

Asked by a user in Philadelphia, PA - over 2 years ago.

This is a bit trickier because you have been there for quite some time. If you have proof the door was in poor condition years ago, then you are pretty good footing to argue that you did not nothing which caused the door to age inconsistently with reasonable wear and tear. Otherwise, and as I suspect, you should not be responsible and should make that clear to your landlord.

1

Attorney answers:

  1. Harper J. Dimmerman

My husband and I plan to sell our home to our daughter. should we use r e lawyer or a title company for the sale

Asked by a user in Philadelphia, PA - about 3 years ago.

As an attorney and owner of a title agency, I would say this depends upon whether your daughter wants to obtain title insurance on the transfer. If so, the title company will also prepare the deed. If she does not wish to obtain insurance, then an attorney would be advisable. As to you, in terms of representation, unless there's a specific issue in need of resolution prior to the transfer (an old judgment. lien, etc.), you probably do not need an attorney. Of course obtaining legal counsel,...

1

Attorney answers:

  1. Harper J. Dimmerman

I need advice on landlord/tenant

Asked by a user in Emporium, PA - about 3 years ago.

This depends upon how the fire started. Assuming the wiring is faulty, which is the responsibility of the landlord, you can deduct a reasonable amount. If the garage is separate from the house, it will be difficult to argue you were forced to stay in a motel temporarily. However, if the home was uninhabitable for an interval of time, you should withhold something and place that into escrow. As far as hotel is concerned, be sure to hold onto to all receipts. Also, assuming a court agrees...

1

Attorney answers:

  1. Harper J. Dimmerman

Does a landlord in Philadelphia have a legal responsibility to take care of mice infestation?

Asked by a user in Philadelphia, PA - about 3 years ago.

There is an implied warranty of habitability. The Landlord has an obligation to remedy the rodent infestation.

1

Attorney answers:

  1. Harper J. Dimmerman

Can an apartment community demand more money after the lease has been signed?

Asked by a user in Philadelphia, PA - about 3 years ago.

I'm not sure I entirely understand the question. Is their request for the extra few hundred dollars valid? If not, and the lease does not speak to this, then I would contend they are not entitled. However, if their request is valid and the there was a clerical error, I would suggest they are entitled to that money. The amount at issue seems a bit peculiar. What are they claiming it represents?