Is it legal to sue the landlord for repayment of rent due to destruction of private property?
Full Question:
Is an agreement to pay rent enforceable if both parties don't agree,but one party is forced to pay due to threat of domestic violence and the threat of becoming homeless if payment isn't forthcoming? Isn't true that the threat to destroy more private property if rent isn't paid an act of exhortion? Is it legal to sue the landlord for repayment of rent due to destruction of private property and the Illegality of a oral agreement after one year when an oral agreement isn't enforceable by law?
11/02/2007 |
Category: Landlord Tenant |
State: Pennsylvania |
#11490
Answer:
The following are Pennsylvania statutes:
68 P. S. § 250.201. Leases for not more than three years
Real property, including any personal property thereon, may
be leased for a term of not more than three years by a landlord
or his agent to a tenant or his agent, by oral or written
contract or agreement.
68 P. S. § 250.202. Leases for more than three years
Real property, including any personal property thereon, may
be leased for a term of more than three years by a landlord to
a tenant or by their respective agents lawfully authorized in
writing. Any such lease must be in writing and signed by the
parties making or creating the same, otherwise it shall have
the force and effect of a lease at will only and shall not be
given any greater force or effect either in law or equity,
notwithstanding any consideration therefor, unless the tenancy
has continued for more than one year and the landlord and
tenant have recognized its rightful existence by claiming and
admitting liability for the rent, in which case the tenancy
shall become one from year to year.
68 P. S. § 250.302. Power to distrain for rent; notice
Personal property located upon premises occupied by a tenant shall,
unless exempted by article four of this act,[fn1] be subject to distress
for any rent reserved and due. Such distress may be made by the landlord
or by his agent duly authorized thereto in writing. Such distress may be
made on any day, except Sunday, between the hours of seven ante meridian
and seven post meridian and not at any other time, except where the
tenant through his act prevents the execution of the warrant during such
hours.
Notice in writing of such distress, stating the cause of such taking,
specifying the date of levy and the personal property distrained
sufficiently to inform the tenant or owner what personal property is
distrained and the amount of rent in arrears, shall be given, within five
days after making the distress, to the tenant and any other owner known
to the landlord, personally, or by mailing the same to the tenant or any
other owner at the premises, or by posting the same conspicuously on the
premises charged with the rent.
A landlord or such agent may also, in the manner above provided,
distrain personal property located on the premises but only that
belonging to the tenant, for arrears of rent due on any lease which has
ended and terminated, if such distress is made during the continuance of
the landlord's title or interest in the property.
68 P. S. § 250.305. Distress of property fraudulently removed
In case any tenant of any real property shall fraudulently or
clandestinely remove from the demised premises his personal
property with intent to prevent the landlord from distraining
the same for arrears of rent, it shall be lawful for the
landlord or his agent, within the space of thirty days next
ensuing such removal, to take and seize such personal property,
wherever the same may be found, in distress for said arrears of
rent and to proceed to sell the same, as hereinafter provided,
as if the personal property had actually been distrained upon
on the demised premises.
68 P. S. § 250.306. Replevin by tenant or owner
The tenant or owner of any personal property distrained on
may, within five days next after notice of such distress,
replevy the same. All proceedings in replevin shall be
conducted in accordance with general law and applicable rules
of procedure governing actions of replevin.
68 P. S. § 250.307. Proceeding by tenant to determine set-off
Any court of record or court not of record having
jurisdiction in civil actions at law may entertain an action to
defalcate by a tenant against a landlord where the landlord has
distrained for arrears of rent, to compel the landlord to
set-off any account which the tenant may have against the
landlord. No such court shall entertain any such action where
the rent or set-off claimed is in excess of its civil
jurisdiction. Proceedings in such actions shall be the same as
in actions of assumpsit.
The court shall determine the amount of rent in arrears and
the amount of the set-off, if any, and enter judgment in favor
of the proper party for the balance due.
If such judgment is in favor of the landlord he may, in lieu
of issuing execution thereon, proceed with his distress for the
amount of such judgment. If the landlord shall sell more
personal property than necessary to satisfy such judgment and
costs and fail to pay the overplus to the tenant, he shall be
liable in trespass to double the amount of the sum so detained,
together with the costs of suit. If the landlord shall proceed
to sell any personal property after notice of any such
proceeding to defalcate and before judgment in his favor
thereon, he shall be liable in trespass to double the amount by
which the sum realized from such sale exceeds the sum to which
he shall be found to be entitled by the final judgment in the
defalcation proceeding, together with the costs of suit in the
defalcation proceeding, if such judgment be in his favor.
If the landlord proceeds with the distress, he shall satisfy
the judgment to the extent of the amount realized on the sale,
less the costs of the distress, or on his failure to do so, the
tenant may proceed by rule to have such satisfaction entered.
68 P. S. § 250.308. Appraisement of property levied upon
If the tenant or owner of the personal property distrained
upon fails to replevy the same within said five days next after
distress and notice thereof, the person distraining may, with
the sheriff or his deputy or any constable or his deputy, which
officer upon demand of the landlord shall aid and assist, cause
the personal property so distrained to be appraised by two
disinterested and competent persons appointed by said officer.
The appraisers shall each take the following oath or
affirmation to be administered by the assisting officer:
"I __________, do solemnly swear (or affirm) that I will well
and truly, according to my understanding, appraise the personal
property of __________, distrained on for rent by __________"
Each appraiser shall receive two dollars ($2) per diem for
his services in making the appraisement, to be paid out of the
proceeds of the sale.
68 P. S. § 250.309. Sale and notice thereof; distribution of proceeds
After the appraisement has been completed, the sheriff,
deputy sheriff, constable or deputy constable shall fix a day,
time and place of sale, of which at least six days public
notice in writing shall be given by handbills. The notice of
sale shall specify the personal property to be sold
sufficiently to inform the tenant or owner and to induce
bidders to attend the sale. On the day and at the time fixed
for the sale or on any day and time to which said sale may be
adjourned, the sheriff, deputy sheriff, constable or deputy
constable shall publicly sell the personal property so
distrained for the best price that can be obtained for the
same.
The proceeds of the sale shall be paid out in the following
order: First, for the payment of any wages due by the tenant
which by law are given preference and to the same extent and
upon the same conditions of notice being given as required by
the wage preference law and notice of the claim to the officer
executing the landlord's warrant; second, for the payment of
the charges and costs for making the distress, appraisement and
sale; third, for the satisfaction of the rent for which the
personal property was distrained; fourth, any overplus for the
use of the owner.
68 P. S. § 250.311. Damages for removal of property distrained on
Any landlord having distrained upon personal property for
rent due who is aggrieved by the unlawful removal thereof
shall, in an action of trespass, recover treble damages,
together with the costs of suit, against the offender or
against the owner, if it be afterwards found that the personal
property has come into his use or possession.
68 P. S. § 250.312. Remedy in cases of improper distress
The landlord and his agent shall be liable to the tenant or
the owner of the personal property distrained on in an action
of trespass, (1) if the distress is for more rent than is due,
(2) or if the amount of personal property distrained is
unreasonably great, (3) or if made after a proper tender of the
rent due was rejected, (4) or if the distress is conducted
irregularly or oppressively, (5) or if any personal property
taken in distress was, to the knowledge of the landlord or his
agent, not distrainable, (6) or if the distress is made at an
improper time, (7) or if the landlord or his agent receives
notice, after the distress, from the owner or his agent or from
the tenant having possession of the property that the personal
property distrained on was not subject to distress and
nevertheless proceeds with the sale without affording the owner
a five day period after such notice to replevy such personal
property.
68 P. S. § 250.313. Remedy where distress and sale made and no rent due
In case any distress and sale of personal property shall be
made for rent when no rent is due to the person distraining or
to the person in whose name the distress has been taken, then
the owner of the personal property shall, by action of trespass
brought against the person distraining, recover double the
value of the personal property so distrained and sold, together
with the costs of suit.
68 P. S. § 250.401. Tenant's exemption; appraisement
Unless the right of exemption has been waived by the tenant
in writing, personal property to the value of three hundred
dollars ($300), in addition to any other personal property
specifically exempted by this article, shall be exempt from
levy and sale by distress for rent.
The officer charged with the execution of any landlord's
warrant shall, if requested by the tenant, summon two
disinterested and competent persons, who shall be sworn or
affirmed by such officer to appraise personal property,
including bank notes, money, stocks, judgments or other
indebtedness due the tenant, to the value of three hundred
dollars ($300), which the tenant may elect to retain, and the
property so elected and appraised shall be exempt from levy and
sale in such distress proceedings.
Each appraiser shall be entitled to receive two dollars
($2.00) for his services.
68 P. S. § 322. Distress for rent; sale under execution; priority
Whenever any sheriff shall, pursuant to an execution issued,
levy upon any goods and chattels upon which there is at the
time a distress for rent, or whenever a receiver, a receiver in
bankruptcy, or a trustee in bankruptcy shall be appointed for
any person, firm, or corporation upon whose goods and chattels
there is at the time a distress warrant for rent, any sale,
pursuant to such levy or distress for rent, shall be stayed
pending the sale of such goods and chattels by the sheriff,
receiver, receiver in bankruptcy, or trustee in bankruptcy; and
the sheriff, receiver, receiver in bankruptcy, or trustee in
bankruptcy may proceed and sell such goods and chattels, as
provided by existing law for sales by such officer, and, in
such cases, the claim for rent, together with costs of
executing such landlord's warrant, may be filed with the
sheriff, the receiver, the receiver in bankruptcy, or the
trustee in bankruptcy, as the case may be, and shall be a lien
on the proceeds of the sale of such personal property, and be
paid first out of the proceeds of such sale.