Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

1410 Posts and Counting

Landlord-Tenant: How to Deal With Utility Lockouts.

No. 789 If you are a tenant who is having a dispute with your landlord, here is some information you may need to know. A landlord cannot force you out by refusing to pay the utilities.  In Pennsylvania, we have a statute which requires a utility to give you the opportunity to pay one month’s […]

Landlord – Tenant: The Possession Game.

No. 707 As we have noted before, the primary battle between landlords and tenants is frequently over possession, not money.  For the landlord, this is particularly true when the tenant is known to have no surplus funds. From the tenant’s point of view, if the magistrate’s award is not appealed, the eviction comes too soon […]

Landlord-Tenant: The difference between eviction by the constable and the sheriff.

If a landlord obtains an award of possession to the landlord, from the Magisterial District Judge (MJD), the tenant has 10 days to appeal to the Arbitration Division of the Common Pleas Court. If there is no appeal after 10 days, the Constable can serve a writ of possession on the tenant. The Constable schedules the eviction eleven days later. However it is not a true eviction. The landlord is permitted to change the locks. So the tenant is, strictly speaking, locked out. The landlord and tenant are then required to work out a moving arrangement. Of course, if the tenant pays the delinquent rent before the eviction, the eviction is cancelled.

Don’t use Google Scholar, use Google Scholar Advanced Scholar Search.

No. 632 If you’ve been disappointed by Google Scholar for legal research, try the advanced version.  It enables you to select jurisdictions, such as Third Circuit and Pennsylvania Courts. Once you find a case you like, click on the “How Cited” tab. Of course, there is no statute search, but you may be able to […]

Landlord and Tenant: Multiple Appeals

Landlords and Tenants should be aware that not only can a decision by the Magisterial District Judge be appealed to Arbitration, but that the arbitrator’s award can be appealed again to Common Pleas Court. Moreover, either party could request a jury trial. After that, the case could be appealed again to the Superior Court.

CCAC Landlord-Tenant Litigation Seminar a Success.

No. 603 Thanks to the participants in the Landlord-Tenant Litigation Seminar at Community College of Allegheny County Boyce Park Campus last night. We had a truly interactive session, with every person participating. I’ll give that Continuing Legal Education seminar once more, just before the end of the next CLE period deadline three months from now. […]

All Leases are not Equal. Some are not Legally Correct.

No. 557 I recently reviewed a residential lease which is distributed by a printer for a fee.  Some of the language in it is unclear and could be read as contradictory.  Some is redundant, causing confusion over which part should apply.  Some of it is just poorly written. However, the thing that struck me the […]

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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