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Michael Ian Werner

Michael Werner’s Answers

236 total


  • If I cash a check that is only partial payment of my owed security deposit, does that mean I accept that as full payment?

    My security deposit was not returned in full. It was $1,500 and he gave me a check for $900. There was no explanation. I called and he said he had no record of my security deposit (I do). I left the house in immaculate condition (as told to me by ...

    Michael’s Answer

    Yes, you should be able to recover the balance of your security deposit if you can prove the facts as stated in your posted question.

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  • I own mobile home. renting land. landlord wants me to sign waiver releasing them from liability if anyone gets hurt.

    states that even though this occurs because of THEIR negligence they cannot be faulted. If i don't sign says i will be evicted and have to remove trailer. what are my rights

    Michael’s Answer

    If you have a written lease agreement, you should read it over carefully. Most likely, your landlord can not "evict" you for nit signing the waiver. However, he may be in a position to not renew your lease once the term has expired.

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  • Should we as the landlord sign a mutual release agreement?

    We have agreed to let the tenant out of the lease agreement early. They now have a lawyer wanting us to sign a mutual release agreement. The tenants have already used their security deposit to pay for the rent since we did not provide written noti...

    Michael’s Answer

    Do not sign anything that you do not understand. If the document sounds "fishy" you should trust your instincts and have a local Landlord/Tenant Lawyer review it for you.

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  • Can I get 200 dollar deposit back

    I gave 200 for deposit for a rental. I changed mind within 24 hours. the receipt does not state I cannot get a refund. we never discussed not getting a refund. so I thought I could. I would not have given the money if I thought I could not ge...

    Michael’s Answer

    The answer to your question is likely governed by the language in either your Rental Application or your Lease Agreement. Read them both to determine your rights.

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  • Can i be evicted?

    I just moved into my apartment 31 days ago. I haven't signed a lease yet and i pay rent through a lawyers office because she just bought these apartments. My rent is due on the 25th and she was texting me telling me rent was due. I payed it 24 hou...

    Michael’s Answer

    Since you don't have a written lease agreement and you are supposed to pay monthly, you are most likely on a "month to month" lease term. This means, with one (1) full lease term notice, your landlord may terminate your lease. This is different than being evicted, but the result is essentially the same. I agree with Attorney Tuttle, if you are interested in staying, you should contact your landlord and try to work this out.

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  • I live in public housing I was wrongfully evicted and won my unit back andmy property was damaged m stolen can I sue them ??

    I live n a three bedroom home they threw all my thing in two rooms on top of each other( I have pics) They movers Pha hired are a private vendor that wasn't hired by me so they replaced my refrigerator because they forgot to remove it !! But the...

    Michael’s Answer

    If you believe your personal property was taken or damaged by either your landlord or your landlord's agents, you may be successful in filing a complaint in your local Magisterial District Court (often referred to as "Small Claims Court").

    Good luck.

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  • I currently occupy a building , the former owner was foreclosed. the former owner has left behind stuff. how do i get rid of it

    The bank owns the building and is honoring my lease for the next 3 yrs. the former owner has repeatedly hassled me and my staff by turning off the lights or water. he has so much stuff inside the building i cannot use the space i m paying rent for.

    Michael’s Answer

    If you have an Award against the owner of that property, you should first reduce that Award to Judgment. Then you can execute on the Judgment by having the Sheriff levy the personal property and sell it at a Sheriff's Sale.

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  • How do i remove the former owner's business equipment and stuff left behind in the building i now rent and he was foreclosed.

    i lease a three story building in philadelphia. the former owner was foreclosed . i went to court last year and the won the case against landlord for not having the space i am paying for. yet here it is 7 mos later and now he no longer owns the bu...

    Michael’s Answer

    If you have an Award against the owner of that property, you should first reduce that Award to Judgment. Then you can execute on the Judgment by having the Sheriff levy the personal property and sell it at a Sheriff's Sale.

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  • Can One Accept for Value or otherwise discharge one's rent in a landlord tenant situation?

    My landlord is cooperative and if possible I'd like to discharge 6 months at a time through the AV$ process. But dont know how the process would work, as in the instructions I'd give her in order that she get the credit from my account (send it to...

    Michael’s Answer

    I have been practicing in Pennsylvania for 13 years and although I am familiar with "Acceptance for Value" I have never seen it used effectively. I don't believe your plan will be successful.

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  • How can I handle a dispute with my landlord?

    I have an oil heater in my home which normally works fine. However the last month I've had to fill the tank 3 times. Once on January 10th, Once on February 4th, and tomorrow February 20th. In total that's over $1,100 that I've spent in about 6 wee...

    Michael’s Answer

    You should get a professional plumber or HVAC technician to inspect the heater immediately. If you can smell oil, there could be something seriously and dangerously wrong. If a professional locates a problem, you should notify your landlord, in writing.

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