Realestate Law question

[pmajka]

I live in pennsylvania, and I am a landlord.

When i purchased my rental property, there was a tenant. The sellers handed me the origional lease. I never wrote up a new lease. The tenant continued to live in the apt for 1 year and pay me rent under the terms of the origional lease.

Is this lease contract and is the tenant still bound by all the terms of the lease?


If someone can answer this for me. It would really help.

[RickM]

Did you verbally agree that you would honor the existing lease?
Is there a term limit on the lease?

[Rot 911]

I don't know PA law, only KS and MO, but most residential tenant leases are either for a year or month to month. If it is for a year and is not renewed it converts to a month to month lease.

[pmajka]

hmmm... YES...As he had lived there for over a year prior to my purchase of the property, The lease at that point was month to month.

I asked him to sign a new lease, which he never did, but continued to pay me rent for 1 year. So i am under the assumption the Old lease is the valid lease. As to verbal agreement, when I had to call him up for rent , he delivered the rent (few days late, but made payment)...




As for what is going on in the origional lease there is an abandonment clause. I siezed the apartment.

[pmajka]

tenant abandonment Timeline
No contact with tenant since March 1st 2006 until finally May 16 2006


April 1 rent is due
april 5 rent is late
april 12 i call tenant to find out why rent is late, tenants phone is turned off. No forwarding number.
april 15, Rosey XXX (second floor tenant) tells me it looks like first floor tenant is moving out. (removing property from premisis with informing the landlord)
april 16, i tape a message on the door for tenant requesting he contact me.
april 19, tenant turns off Gas and Electric (breach of contract)
april 20, Utilites are now in my name. (THis is an automatic transfer, i now assume abandonment and sieze premisis, according to lease everything in property is mine)

april 23, i visit apart ment to find place is almost empty. Gas if off and note i left is on the floor inside house.

Items left: 2 piece couch set: condition well used, broken legs.
1 Weight set, no weights. condition used
1 black workout utility bench, condition used
1 black bed frame with mattress UP against the wall, bed dissassembled.
condition damaged.
1 box Trash 2 bags trash.
1 dozen eggs left on counter
2 radios, 1 with cd, condition BAD.
1 ironing board


April 30 No contact From Tenant Lease is terminated for breach of contract due to abandonment.

May 1
I change locks on door of the apartment. tenants girlfriend (not tenant) calls in morning and states they are picking up pooltable and other belongingsthat night.
I return phone call in afternoon, no answer, asking for a return phone call, no one calls back.

May 4th Bed frame, mattress ,Ironing board and boxes of Trash are put out on porch.
May 10th All items on porch are disposed of.


May 16 tenants girlfriend calls again askes about items left in apt. I state i either gave away or sold items in

order to clear apt and recoupe losses.
tenant Calls states he will sue me for selling his stuff.

[turbo6bar]

Does the lease describe how tenant's contents are handled? You mention above that all contents are yours per the lease agreement. If the lease does not contradict state law, you are fine.

[Dantilla]

In Washington, the law is very clear.

The landlord must keep the property for a period of time (60 days IIRC), and send notice to last known address that it will be disposed of after such and such date. After that date, landlord may sell or dispose of as he sees fit. If the items are stored off site to allow a new tenant, landlord is responsible for any storage fees.

Bottom line is that the former tenant must be given the chance to retrieve all property. If anything is disposed of too soon, the landlord is liable.

You need to check Pennsylvania law.

[RickM]

You don't list a pool table yet mention they called for it. Did you leave that on the Porch? Are they up to date with rent? If not tell them you'll countersue.

[pmajka]

Solely based on the fact that he abandoned the property.

The lease clearly states that if the tenant abandons a property, that i can sieze the property and all of its contents with out notice. It also states.

It also states in lease, i get to store or dispose any property on premises. and i get to store or despose or any property remaining on premises after termination of lease..
and " Any such property shall be considered Managements property adn title thereto shall vest in management"

abanonment was described in my posting above as it appears in the lease.

[jhc]

When you purchase a rental property, it is subject to the existing lease. That is both you and the tenant have to abide by the exisitng lease. It sounds like your tenant abandoned the property per existing lease.

[pmajka]

Jhc , i would like to believe you...REALLY want to ....

in fact can ya point to a law that states this? PLEEEASE!

I am sweating bullits bout this crap....If this is true, i got it sealed.

[pmajka]

rick M...I have not mentioned in any documents the content of the property.

But yeah , the asked for it specifically?

[turbo6bar]

pmajka, jhc is absolutely right. An existing lease trumps sale of property. You can ask the fine folks at http://www.mrlandlord.com under Question and Answer tab, and they will confirm this. I repeat, an existing lease is not nullified by new ownership.

[greglepore]

I am a Pa atty. The lease survives the sale of the property, as to both parties.

Tell him to go pound. And send him a bill for disposing of his waste.

[Dantilla]

Yes, a lease survives a sale of the property.

-However-

If any part of the lease does not follow state law, it cannot be enforced.

My rental agreements have a clause that if anything is found that does not comply with the law, only that part shall be waived. The rest of the agreement is still valid.

[pmajka]

thank you all for the help.....now i can g et some rest. will keep ya posted

[jyl]

http://www.tenant.net/Other_Areas/Penn/harris/pa-toc.html

You need to learn the proper way to do things in your state.

[pmajka]

JYL, thankyou for the link and your concern. i know how to do all the normal things.

This, was one mistake i wont repeat. This is a unique situation for me. It was not an eviction where people wont pay and wanna stay.

The problem was rooted in the fact that the tenant never signed my lease, but according to Greg, the tenant and I are bound to the terms of the origional lease.

Tenant left the premises, I never had to kick him out.

[pmajka]

small update...I sent registered mail to Ex-Tenant to the last know address he had (the apartment). I went there today for Carpet estimate and the pink tag from the Postman was on the floor.

He doesnt have his mail forwarded to his new address with USPS.

[pmajka]

agreed....blood pressure is dropping....