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THE LEASE
You own real estate, you desire income, you want to profit and you want the leasehold occupied by tenants. You want the leasehold occupied under the most attractive terms negotiable. You need an enforceable lease. Though this seems like a truly simple concept, you would be amazed at how little time is spent on the creation of the lease document. If the attorney who drafts your next lease is also the attorney who will enforce it, consider the inherent strength. If the attorney who drafts the lease also customizes it to the tenant by asking the right questions (of the landlord or tenant), many potential problems may be uncovered. This will help you avoid costly evictions and if eviction is finally needed, this will be a factor in your success.
COMPLIANCE OF THE LANDLORD IN PROPERTY MAINTENANCE
The Philadelphia Property Maintenance Code can be found online:
http://www.phila.gov/philacode/html/_data/title04/subcode_pm_the_philadelphia_pr/index.html
This document should be the main compliance focus of the landlord. Section 102 deals with licensing. Consider the following sections:
PM-102.1 Dwellings: No person shall operate a multiple-family dwelling, rooming house, dormitory or hotel, or offer for rent a one-family dwelling, two family dwelling or a rooming unit therein without first obtaining a housing inspection license from the Department. Every person applying for a license shall supply such information as the Department requires and shall pay an annual fee as set forth in the administrative code.
PM-102.6.4 Rent collection: No person shall collect rent with respect to any property that is required to be licensed pursuant to this code unless a valid license has been issued for said property. At the inception of each tenancy, an owner shall issue to the tenant a written statement certifying that the rental unit is licensed and listing the license number.
As a Philadelphia Landlord, failure to be properly licensed or noncompliance with this code can prevent you from bringing an action for eviction. Even if you can bring an action for eviction, if your property is in noncompliance, the Philadelphia Landlord Tenant Court may actually grant the tenant a credit against rent owed; this is called abatement.
THE EVICTION PROCESS
As a last resort to the breakdown of the landlord-tenant relationship, The First Judicial District of Pennsylvania provides the Philadelphia Municipal Court, where landlord-tenant complaints can be filed. This court’s speedy resolution of such complaints provides the landlord with a means of lease enforcement. There are several steps involved in eviction before and after your day in court; possibly including but not limited to: 1) notice to the tenants, 2) service of process, 3) the Writ of Possession, 4) the Alias Writ, 5) the lockout, 6) removal of the tenant’s personal property, and 7) debt collection. I produce results for my clients by assisting with any and all of these steps.
Call 484-716-0543
Fax 215-392-3357
LEVYLAW, LLC
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