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: 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.

Small Task, Big Damages

Those of us who have zoning practice are required to do it all of the time: make a list of the names and addresses of all property owners whose land is adjacent to the property in question. Not too difficult. Yes, you should include properties across the street. And if the tax map shows properties almost touching, include them too. But other than that, its just a little map reading exercise.

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.

A Little Thinking on the Future of Assessments, Please.

The typical model for mass appraisal is very good at tracking and accounting for increases in sales prices. But not so good in the other direction. When the fair market value of a property falls below the mortgage balance, many would-be sellers cannot sell. They simply stay off the market.

RESPA and the Administrative Brokerage Commission.

RESPA prohibits unearned fees and fees for services that are required by law, such as preparing a settlement sheet. While the decision is spot on the Pennsylvania practice, the case has no binding effect around here. But it could provide inspiration for some enterprising law firm.

Allegheny County Deed Registry Has Improved Real Estate Practice.

After six months, some still don’t like having to submit deeds for pre-approval before recording. But despite protests, the experiment with deed screening has clearly proved that the new system is worth keeping.

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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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