landlord rental application

Alan Nochumson. A contempo accommodation handed bottomward by Judge Lisa M. Rau in Houston v. Analaris Homes, No. 161101449, may accommodate abundant advice to landlords and tenants akin beneath Philadelphia’s Advance Disclosure and Certification Law (PLDCL) which is codification beneath Section 6-800 et seq. of the Philadelphia Code. With a few exceptions, the PLDCL applies to any freeholder who rents a residential acreage congenital afore 1978 to new tenants who will be active in the acreage with a adolescent who is 6 years old or younger. While the Philadelphia Acreage Maintenance Code already requires landlords of a residential acreage to actual any issues apropos to the residential property, the PLDCL goes a footfall added and about obligates the freeholder to accredit that the acreage is advance safe afore a adolescent who is 6 years of age or adolescent may move into the residential property. If the freeholder does not so accede with the requirements set alternating beneath the PLDCL, Section 6-809 of the PLDCL specifies that the addressee can alone admit a accusation adjoin the landlord. In any such lawsuit, beneath Section 6-809 of the PLDCL, the addressee may access admirable amercement up to $2,000 adjoin the landlord, acceding of the hire paid by the addressee to the landlord, and the artifice of reasonable attorney’s fees and costs adjoin the landlord. Over the accomplished few months, I accept had assorted conversations with attorneys who represent landlords in Philadelphia and, time and time again, the better affair of these attorneys and their landlords is the adeptness of the tenants to seek the acceding of all of the hire paid by the addressee to the freeholder beneath the PLDCL. Judge Rau’s cardinal in Houston may afford ablaze on how balloon cloister board in Philadelphia may accede to this appeal for abatement by a addressee beneath the PLDCL. In Houston, in 2015, Monique Houston and others bidding absorption in renting a single-family abode amid in Philadelphia from Analaris Homes, LLC. The acreage in Houston was congenital afore 1978. Afore Houston busy the acreage from Analaris Homes, she submitted a rental application. In the rental application, Houston did not accede that her son, who, at the time, was 4 years old, would be active with her at the property. Afterwards reviewing the rental application, the parties entered into a accounting charter agreement. The hire due beneath the accounting charter acceding was $850 per month. While residing at the acreage with her son, Houston allegedly paid a absolute of $10,650 in hire to Analaris. On acceptable terms, Houston and her son begin addition acreage to alive in. A brace of months afterwards they alone from the property, her son allegedly began experiencing medical issues. According to Houston, these declared medical issues were the aftereffect of advance acknowledgment during the time in which she and her son resided at the property. Houston afresh sued Analaris Homes beneath the PLDCL. Among added things, Houston approved acceding of the $10,650 she allegedly paid to Analaris Homes beneath the accounting charter acceding entered into by the parties. A bank balloon presided by Judge Rau afterwards occurred. At the cessation of Houston’s presentation of her case, Analaris Homes confused for a directed verdict. Of accurate note, Analaris Homes argued that Houston had no appropriate to sue it beneath the PLDCL based aloft the basal absolute circumstances. According to Analaris Homes, Houston could not access abatement beneath the PLDCL because that authorization alone activated to lessors and lessees and, at the time the accusation was initiated, Houston was not a “lessee,” as she was absolutely out-of-possession of the acreage at the time. In response, the plaintiff argued that the PLDCL was not anesthetized to crave tenants to abide in a acreage that could be alarming for their accouchement in adjustment to advance their rights beneath the PLDCL by filing a accusation first. Afterwards audition the arguments fabricated by the parties, Judge Rau ultimately assured that the PLDCL did not administer because the lessor-lessee accord had already been assured aback Houston accomplished the accusation adjoin Analaris Homes and, thus, accepted Analaris Homes’ motion for a directed verdict. In accomplishing so, Judge Rau declared that the PLDCL “does not accommodate any accouterment to admittance some attendant adeptness to sue by above lessees” and “that aback somebody is not best a lessee, they cannot go aback and sue claiming that they should accept been accustomed notice.” Aback the PLDCL does not ascertain the acceding of freeholder or lessee, Rau adumbrated that these acceding should be “defined as it is in the accustomed advance of the law, which is somebody who is in a arrangement accord apropos a lease.” Houston has aback filed a post-trial motion, requesting that the directed adjudication be set abreast and the acumen entered in favor of her and adjoin Analaris Homes beneath the PLDCL.

Story Continues

Judge Rau’s cardinal in Houston provides a glimpse of how balloon cloister board in Philadelphia may, in the future, handle some lawsuits accomplished beneath the PLDCL. Assuming the directed adjudication remains, tenants in Philadelphia who abandon control of a residential acreage may be prevented from suing their landlords for any violations committed beneath the PLDCL. Alan Nochumson is the sole actor of Nochumson P.C., area his law firm’s primary convenance areas abide of absolute estate, litigation, acreage use and zoning, business accumulation and accepted counseling and appellate advocacy. He is additionally admiral of Bear Abstract Services, area his appellation allowance aggregation offers absolute appellation insurance, appellation assay and closing services. He can be accomplished at 215-399-1346 or alan.nochumson@nochumson.com.

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