Ask a Lawyer

By: Steven M. Williams

One of my residents has threatened to put his rent into escrow because he is not happy with the snow removal efforts in the community. Can he do that?

There are only two scenarios in which a resident can put his rent into escrow. The first is when a resident files an appeal from a possession judgment. By paying rent into the court’s escrow account, the resident is allowed to remain residing in the property while his appeal is pending. The second is when there are code violations on the property, and the property is in a municipality that has a rent withholding ordinance. There are specific procedures and timing requirements that must be followed in order for a resident to escrow rent in accordance with a rent withholding ordinance. Your municipality does not have a rent withholding ordinance. Thus, your resident has no legal right to escrow his rent payments. If he does, he will be in violation of his lease, which would allow you to file an eviction action.

My property manager attempted to file a complaint today, but the Magisterial District Judge’s clerk refused to accept it. She stated that only the owner/landlord can sign the complaint. My manager has an authorization of representative that he submitted, but the clerk still refused to accept the complaint. Is my property manager able to sign and file complaints for me, or has there been a change in the requirements? I have never had this issue before.

Nothing has changed. The rule (Pa.R.C.P.M.D.J. 503.C) states: “The complaint shall be signed by the landlord or landlord’s agent.” In general, anyone who has knowledge of the facts alleged can sign the complaint. Unfortunately, some MDJs do not follow the rules and enforce their own procedures. I suggest that you call the court, cite Rule 503.C and ask why they are taking the position that your manager cannot sign the complaint. If they do not waiver, you may just have to sign all complaints that are filed in this court.

I just sent notices out letting my residents know of a rent increase that will be taking effect in April. Several residents have called me complaining about the  increase and stating that it violates the rent control law that was recently passed in Pennsylvania. I know nothing about rent control. Can you educate me?

The PA House of Representatives recently passed a bill that would enact rent control in Pennsylvania. The PA Senate, however, has not passed the bill, o your residents are not correct. Currently, there is no rent control in Pennsylvania, and there are no limitations on the amount of increase you can enact. However, you should be careful and seek advice from counsel if you intend to enact a larger-than-usual increase. While not prohibited, you may want to be strategic in your rent increase in order to limit complaints by residents. Even though there is no rent control currently, the Attorney General’s office has been fielding a lot of complaints regarding high rent increases.