Ask a Lawyer
By: Steven M. Williams
Question:
My tenants keep telling me that they are not responsible to pay the rent that was due during the COVID-19 emergency that Governor Wolf declared. How does the Governor have the authority to tell my tenants that they do not have to pay their rent?
Answer:
The Governor has not issued any orders that indicate that tenants do not have to pay the rent that came due during the emergency declaration period. In fact, when he announced his order establishing the eviction moratorium, Governor Wolf clearly stated that tenants remain responsible to pay their rent, and he cautioned that they should pay it. Your tenants are doing what many are doing these days—making up their own rules.
Question:
I am confused… one of my colleagues told me that we can deny a service animal request if the requested animal is not a dog. I thought that any animal (within reason) could be a service animal. Who is right?
Answer:
Your colleague is referring to the guidance that HUD issued in January 2020. Under this guidance, HUD stated that only dogs can be service animals. This is distinguished, of course, from assistance/support animals. Assistance/support animals will usually be limited to dogs, cats, small birds, rabbits, hamsters, gerbils, other rodents, fish, turtles, or other small, domesticated animals that are traditionally kept in the home as pets.
Question:
I have an abandoned home in my community and went through the MHCRA procedure for abandoned homes. About 75 days after I sent the disposal notices, the lienholder contacted me and offered to sell the home to me. The lienholder said that if I do not buy the home, it will try to sell it, but it will not agree to pay lot rent in the meantime. What are my options?
Answer:
If you have taken all of the steps required in the MHCRA with regard to an abandoned home, once 60 days pass after you sent out the disposal notices, you are legally entitled to sell or dispose of the home free and clear of all liens. If the lienholder did not contact you and remove the home before the 60 days expired, then it has lost all rights to the home. In the case you have described, you should simply tell the lienholder that it is too late and that its lien is no longer effective against the home. Of course, if you are able to sell the home for more than you are owed, and more than the outstanding taxes, the lienholder would be entitled to the excess proceeds to the extent of the outstanding loan.
Question:
We had a tenant pass away in our unit and was found on Monday night. The medical examiner has not been able to find a next of kin. Once we are given permission to access his belongings do we need to hold onto them for a certain amount of time? Do we need to take certain steps to find his next of kin? He lived in the building for 33 years, well before we owned it, and he was a Section 8 tenant so we do not have a next of kin.
Answer:
All of the deceased tenant’s belongings are now owned by his estate. Only the executor of the estate has the legal ability to remove the belongings or to give you the authorization to dispose of them. It becomes difficult when no estate is formally opened at the courthouse and you have no executor to talk to. In this case, you should take all reasonable steps to find family members and encourage that an estate be opened. Importantly, if you dispose of any of the belongings without express authorization from the executor, you will risk liability for the value of the belongings. This situation is a difficult one to navigate, and it is recommended that you seek legal counsel before disposing of anything.
