this tenant filed claim for not paying rent because the house has bed bugs, he paid the first 3 months, May and June, then July came he didn't answer our calls or answer the door when we came to the house, August he answer the call and said he is not moving out or pay rent, also i found unpaid water bill because it is under my name and i had to pay it to avoid penalty, it is now going on to the eighth months and this tenant still lives in my rental home, total i only received 3 months rent and 2 months security deposit, i also has legal counselor filed court order and grant the eviction on Oct 7, 2013, he is now still living at my rental home, on Nov 6 i have to appear in court to defend his claims that the house is not fixed, please help me
Car / Auto Accident Lawyer
Once the hearing of November 6 is done, if the Court finds in your favor, file a landlord tennant complaint in Municipal Court.
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
3 lawyers agree
Landlord / Tenant Lawyer
It sounds like you already have legal counsel. You should consult with your attorney to properly determine all of your rights and liabilities in relation to this tenant.
If you liked my answer, please rate it "HELPFUL" or "BEST". You can contact me for further detailed answers at 412-904-5305. **DISCLAIMER** Michael I. Werner is licensed to practice law in the Commonwealth of Pennsylvania. His practice focuses on Pennsylvania Landlord-Tenant Law, Estate Planning, Pennsylvania Real Estate, Assessment Appeals, and General Business Matters. This answer is based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship. It is always recommended that you consult with an attorney prior to taking legal actions on your own.
Real Estate Attorney
PA has a Supreme Court case from 1978 called Pugh vs. Holmes, that established that every residential lease has implied that the landlord will provide the tenant with a habitable residence, meaning it is protected from the elements, infestations, etc. Bed bugs is a difficult problem and I have litigate a number of these on behalf of landlords. Trying to show who caused the infestation can be the difficult problem.