Gusty A.E. Sunseri & Associates, P.C.
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Posts tagged "Landowner Rights"

Landlord's Right to Attorney Fees

So your tenant is stiffing you and now you want them out - so what do you do? You call a lawyer and the lawyer tells you that he can help you and then he tells you his fees. I can not tell you how many calls I get from Landlords asking me if they can recover attorney's fees if they bring a suit.

Tenancy at Will...

Most landlord/tenant issues arise out of a situation where the landlord or tenant engages in conduct that is in violation of one or more of the provisions of the operative lease. However, what happens if there is no formal lease between the landlord and tenant or if there was a lease but it has expired?

Evictions

Our Pittsburgh law office regularly fields inquiries from both landlords and tenants regarding evictions. Usually, if the call is from a landlord, he or she wants to find out the steps he or she should take to effectuate the eviction legally. If the call is from a tenant, he or she is usually alleging that the landlord has evicted him or her illegally and wants representation to oppose the eviction.

His tree limbs and shrubs are on my property . . .

Ask a Pennsylvania Attorney what to do...Simply stated, Pennsylvania property law allows a landowner to cut off over-hanging branches of a tree belonging to an adjacent landowner, without regard to the degree of physical harm done to his property. The courts feel that cutting the protruding limbs is an adequate remedy when the branches are "intruding into the landowner's air space" and, therefore, the landowner who cuts the branches will not be subject to liability in the absence of special damages. The caveat here is that this self-help approach applies only to the protruding (offending) branches. In essence, the landowner cannot trespass on a neighbor's property and cut down the tree or cut branches that do not protrude on the landowner's airspace. The landowner may also seek reimbursement of reasonable expense incurred in exercising the self-help remedy. Irrespective of the above law, I highly suggest that you consult a lawyer before resorting to any self-help remedy.

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