Is it legal for a landlord to raise rent if there is not lease agreement?
Full Question:
My son and his wife rent a half double block home on a monthly basis for the past 2 years and pay $350 per month with no lease agreement. They are both college graduates and work very hard. Clean living people. Their landlords (an elderly couple that lives across the street from them) has made ridiculous accusations against them such as stealing tomato plants, damaging the home, etc., when nothing of the sort happened. She addresses my son and his wife by someone else's name, and when corrected she becomes argumentative and says "don't tell me...." She has raised their rent to $650 and said they have 30 days to pay or move. What recourse if any do they have? Any neighbor could testify that they never have done anything wrong.
05/16/2007 |
Category: Landlord Ten... ยป Lease Payments |
State: Pennsylvania |
#4899
Answer:
The following is a PA statute:
Enrolled bill reads “purchase”. 2
68 P.S. 398.1 et seq. 3
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ARTICLE V RECOVERY OF POSSESSION
Section 250.501. Notice to quit
(a) A landlord desirous of repossessing real property from a tenant except real
property which is a mobile home space as defined in the act of November 24, 1976 (P.L.
1176, No. 261) , known as the “Mobile Home Park Rights Act,” may notify, in writing, the 3
tenant to remove from the same at the expiration of the time specified in the notice under the
following circumstances, namely,(1) Upon the termination of a term of the tenant,
(2) or upon
forfeiture of the lease for breach of its conditions,
(3) or upon the failure of the tenant, upon
demand, to satisfy any rent reserved and due.
(b) Except as provided for in subsection (c), in case of the expiration of a term
or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one
year or less or for an indeterminate time, the notice shall specify that the tenant shall remove
within fifteen days from the date of service thereof, and when the lease is for more than one?68 P.S. §250.505-A. 4
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year, then within thirty days from the date of service thereof. In case of failure of the tenant,
upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall
remove within ten days from the date of the service thereof.
(c) In case of the expiration of a term or of a forfeiture for breach of the
conditions of the lease involving a tenant of a mobile home park as defined in the “Mobile
Home Park Rights Act,” where the lease is for any term of less than one year or for an
indeterminate time, the notice shall specify that the tenant shall remove within thirty days from
the date of service thereof, and when the lease is for one year or more, then within three
months from the date of service thereof. In case of failure of the tenant, upon demand, to
satisfy any rent reserved and due, the notice, if given on or after April first and before
September first, shall specify that the tenant shall remove within fifteen days from the date of
the service thereof, and if given on or after September first and before April first, then within
thirty days from the date of the service thereof.
(c.1) The owner of a mobile home park shall not be entitled to recovery of the
mobile home space upon the termination of a lease with a resident regardless of the term of
the lease if the resident:
(1) is complying with the rules of the mobile home park; and
(2) is paying the rent due; and
(3) desires to continue living in the mobile home park.
(c.2) The only basis for the recovery of a mobile home space by an owner of a
mobile home park shall be:
(1) When a resident is legally evicted as provided under section 3 of the “Mobile
Home Park Rights Act.”
(2) When the owner and resident mutually agree in writing to the termination of
a lease.
(3) At the expiration of a lease, if the resident determines that he no longer
desires to reside in the park and so notifies the owner in writing.
(d) In case of termination due to the provisions of section 505-A , the notice 4
shall specify that the tenant shall remove within ten days from the date of service thereof.?-14-
(e) The notice above provided for may be for a lesser time or may be waived by
the tenant if the lease so provides.
(f) The notice provided for in this section may be served personally on the
tenant, or by leaving the same at the principal building upon the premises, or by posting the
same conspicuously on the leased premises.
Section 250.502. Summons and service
(a) Upon the filing of the complaint, the justice of the peace shall issue a
summons which reflects substantially the complaint, is directed to any writ server, constable
or the sheriff of the county and commands that writ server, constable or sheriff to summon the
tenant to appear before the justice of the peace to answer the complaint on a date not less
than seven nor more than ten days from the date of the summons.
(b) The summons may be served personally on the tenant, by mail or by posting
the summons conspicuously on the leased premises.
Section 250.503. Hearing; judgment; writ of possession; payment of rent by tenant
(a) On the day and at the time appointed or on a day to which the case may be
adjourned, the justice of the peace shall proceed to hear the case. If it appears that the
complaint has been sufficiently proven, the justice of the peace shall enter judgment against
the tenant:
(1) that the real property be delivered up to the landlord;
(2) for damages, if any, for the unjust detention of the demised premises; and
(3) for the amount of rent, if any, which remains due and unpaid.
(b) At the request of the landlord, the justice of the peace shall, after the fifth
day after the rendition of the judgment, issue a writ of possession directed to the writ server,
constable or sheriff, commanding him to deliver forthwith actual possession of the real
property to the landlord and to levy the costs and amount of judgment for damages and rent,
if any, on the tenant, in the same manner as judgments and costs are levied and collected on
writs of execution. The writ is to be served within no later than forty-eight hours and executed
on the eleventh day following service upon the tenant of the leased premises. Service of the
writ of possession shall be served personally on the tenant by personal service or by posting
the writ conspicuously on the leased premises.
(c) At any time before any writ of possession is actually executed, the tenant?may, in any case for the recovery of possession solely because of failure to pay rent due,
supersede and render the writ of no effect by paying to the writ server, constable or sheriff the
rent actually in arrears and the costs.
Section 250.504. Return by constable or sheriff
The writ server, constable or sheriff shall make return of the writ of possession to the
justice of the peace within ten days after receiving the writ. The return shall show:(1) the date,
time, place and manner of service of the writ;(2) if the writ was satisfied by the payment of rent
due or in arrears and costs by or on behalf of the tenant, the amount of that payment and its
distribution;(3) the time and date of any forcible entry and ejectment, or that no entry for the
purpose of ejectment had been made; and(4) his expenses and fees, which expenses and
fees shall have been paid by the tenant or, if paid by the landlord, reimbursed to the landlord
by the tenant in order to satisfy the writ.
