Can our landlord change what utilities are included in my lease at any time? What type or how much of a notice is required by PA Law? We moved in on Oct. 15, 2005 and the oil was inlcuded in the rent, which was the main heating source. On May 6, of this year, he wrote a letter stating that he was no longer going to provide oil and that the last time he put oil in was going to be the last (He left us without heat AGAIN for a week in April). PA Law does require him to provide heat from the months Oct. 1st to May 15th. (Keep in mind that he has let the oil run out several times leaving us in the cold). My lawyer says this is a breach of the lease on his part and to not pay the rent for that next month and move out. (We advised him to keep the security deposit and the difference was for expenses we incurred on using space heaters on several occassions to keep from freezing to death.) He is now suing us for rent. Will we win in court?
2007-08-07 06:35:11 · 6 answers · asked by kimbrlyar 2 in Business & Finance ➔ Renting & Real Estate
This is a month to month lease. PA Law states that heat has to be provided between October 1st and May 15th.
2007-08-07 07:39:45 · update #1
He also left us without hot water for the full last month we were there.
2007-08-07 07:40:21 · update #2
you dont believe your lawyer, I wouldnt......he gave you bad advice. Very seldom will a court let you dictate to a landlord, when pertaining to deps. unless agreed to by both parties........
he will get his rent, and you better watch your back for damages..........
2007-08-07 07:38:07 · answer #1 · answered by DennistheMenace 7 · 0⤊ 0⤋
I'm going to guess that your original lease was for a year, and that you've been month to month after that. He'd most likely be able to change the terms with 30 days notice.
I'm not sure what law you are referring to that requires a landlord to provide heat Oct 1-May 15 - lots of apartments are rented with the condition that the renter pays the utilities, including heat.
If you were still under the original terms, where he provided the oil, during the month when you didn't pay the rent because of not having heat, then you probably stand a pretty good chance of winning in court.
2007-08-07 07:08:50 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
You are not clear in stating what type of lease you have. If you have a written annual lease which you have renewed each year for another year, he cannot change those terms in the midst of the lease term. If you originally signed a written lease and did not renew in writing, you became a month-to-month tenant, at which time the landlord need only give you thirty days notice of any change in the existing lease terms.
If you never had a written lease, you were always a month-to-month tenant, and he could change those terms at any time with thirty days notice.
If you are month-to-month, he's not required to provide you with heating oil, as long as he has given you the required thirty days notice of the change, regardless of what time of year it is.
Did your lawyer graduate from the Las Vegas School of Law and Accupuncture? He doesn't sound like he's reading PA statutes very clearly. Your landlord MAY win in court, if you did not follow PA law in terminating your rental agreement.
2007-08-07 07:11:57 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
Can a landlord change the terms of a lease?
Yes...but first you need to know what the lease says about this. typically the ll can give you 30 days notice of change of rental tenancy. I have had this happen a lot.
you do not have to agree with it, it just is...and he has the right to change the contract - as long as he is not in violation of the original contract lease.
You gave notice and are moving and did not complete your lease term. Did you ever respond in wiriting to his letters?
You winning this one is gonna be dicey.....you don't appear to have voiced any objections in writing, you don't appear to have tried to remediate the situation with the LL and local housing authorities - instead went directly to an attorney.
my opinion is that he will win a judgement against you in court for non payment of rent, remainder of rent, expenses incurred, and any damages he sees fit to sue for.
good luck :)
2007-08-07 06:45:20 · answer #4 · answered by Blue October 6 · 0⤊ 0⤋
You can put your rent in "escrow" but you can't stop paying rent. If you stop paying rent, you have no leverage in court. you will win your case if you don't stop paying rent. You have renters right that the landlord has to abide by. DONT STOP PAYING RENT THOUGH!!
2007-08-07 06:42:00 · answer #5 · answered by Dan S 4 · 1⤊ 0⤋
you're superb that your hire rolls right into a month to month contract. which potential the words of your tenancy can replace with perfect (many times 30 days) be conscious out of your landlord. hire can advance. coverage standards can advance. you ought to be asked to bypass away.
2016-10-09 10:18:26 · answer #6 · answered by ? 3 · 0⤊ 0⤋