Entering property (by Jacqueline [PA]) Nov 5, 2014 10:24 AM
Entering property (by Curious The George [NC]) Nov 5, 2014 10:55 AM
Entering property (by Patti [OK]) Nov 5, 2014 11:07 AM
Entering property (by John... [MI]) Nov 5, 2014 11:52 AM
Entering property (by Nicole [PA]) Nov 5, 2014 12:00 PM
Entering property (by Mike45 [NV]) Nov 5, 2014 12:08 PM
Entering property (by Moshe [CA]) Nov 5, 2014 12:15 PM
Entering property (by John... [MI]) Nov 5, 2014 1:06 PM
Entering property (by John... [MI]) Nov 5, 2014 1:08 PM
Entering property (by Moshe [CA]) Nov 5, 2014 1:26 PM
Entering property (by Jacqueline [PA]) Nov 5, 2014 1:28 PM
Entering property (by PATTI [OK]) Nov 5, 2014 3:11 PM
Entering property (by Ken [NY]) Nov 5, 2014 3:40 PM
Entering property (by Moshe [CA]) Nov 5, 2014 4:45 PM
Entering property (by John... [MI]) Nov 5, 2014 6:06 PM
Entering property (by Ed [PA]) Nov 5, 2014 6:09 PM
Entering property (by John... [MI]) Nov 5, 2014 6:09 PM
Entering property (by Nicole [PA]) Nov 5, 2014 6:27 PM
Entering property (by Moshe [CA]) Nov 5, 2014 8:37 PM
Entering property (by John... [MI]) Nov 6, 2014 7:26 AM
Entering property (by Vee [OH]) Nov 6, 2014 8:20 AM
Entering property (by Jacqueline [PA]) Nov 6, 2014 1:05 PM
Entering property (by Jacqueline [PA]) Posted on: Nov 5, 2014 10:24 AM Message:
State Specific Question About: PENNSYLVANIA (PA)
I need to get into the property so that the electric company can change the meters which in total 4. The tenant who is being evicted the end of January 2015, has a dog and does not want us in the apartment we gave the tenant 48 hour notices which was Nov. 3rd the electric co. will be there tomorrow which is Nov. 6th. We need to have the meters change per the electric company. What can we do to solve this issue.
Thank you! --96.227.xxx.xxx |
Entering property (by Curious The George [NC]) Posted on: Nov 5, 2014 10:55 AM Message:
The electric meter is not outside the building?
I'd be asking the electric company what they are going to do. Your tenant holds the property, not you. Electricity in his name, right?
--65.188.xxx.xxx |
Entering property (by Patti [OK]) Posted on: Nov 5, 2014 11:07 AM Message:
Why are the electrical meters inside the building? All of ours are on the back of the house. I do not know what the electriciaal codes are in PA are, but I would check it out. That would illegal here. --72.198.xx.xx |
Entering property (by John... [MI]) Posted on: Nov 5, 2014 11:52 AM Message:
I assume that you mean you need to get inside to the breaker box to turn off the power so that the meters can be changed, right? (That is normally what they require when turning the power back on.)
I would consider that an "emergency" situation since it is a hazard to change the meters with the power on (and, in fact, the company will simply refuse to do it).
Therefore, I would feel that the notice you have given is appropriate and would allow this to happen.
That is making some assumptions -- but that's my opinion based on the information given.
- John...
--207.241.xxx.xxx |
Entering property (by Nicole [PA]) Posted on: Nov 5, 2014 12:00 PM Message:
what does "being evicted the end of January 2015" mean? eviction takes +/- 30 days in Pennsylvania.
You can't do anything about the electric service. The workmen won't go inside with the dog there unless the tenant is also there. I assume you also won't go in and deal with the dog on your own (I sure wouldn't). If the tenant doesn't make arrangements with the electric company, they will post the property with a disconnect notice. the tenant will then either make the proper arrangements or will be sitting in the dark. At that point, you can file for eviction.
I guess I'm at a loss why the tenant won't work with the electric company ... seems something is missing here. --72.95.xx.xxx |
Entering property (by Mike45 [NV]) Posted on: Nov 5, 2014 12:08 PM Message:
Perhaps the police can accompany you to the property? But I doubt that they (or Animal Control) will subdue the dog so tht you and the power company can go inside the apartment.
I would remember that this is the Tenant's problem, not mine. If the Power Company does a disconnect, because of the T's non-cooperation, well, that's the T's problem.
--184.6.xxx.xxx |
Entering property (by Moshe [CA]) Posted on: Nov 5, 2014 12:15 PM Message:
"I would consider that an "emergency" situation since it is a hazard ..."
While the law may allow certain actions in case of emergency, there are standards about what that word means, and it is not up to the landlord to label situations according to his "consideration".
Laws allowing special treatment for emergencies are meant to allow treatment of genuine emergencies, when help is required immediately to save life or property. They are loopholes created to absolve a landlord from responsibility for a violation of privacy, when he would endanger life or property by following the usual rules requiring advance notice.
Plus, a hazard is NOT an emergency. If it is a hazard to attempt to change the meters with the power on, then the landlord should not make the attempt until it is safe to do so.
Plus, plus, since the landlord is allowed access to make repairs anyway, with advance notice, then giving the notice give him just as much right to enter as if he tried to invoke the emergency provision. So, "considering" the situation to be an emergency does not gain anything for the landlord, while it exposes him to an expensive lawsuit for breach of privacy.
--96.247.xx.xxx |
Entering property (by John... [MI]) Posted on: Nov 5, 2014 1:06 PM Message:
Well, Moshe, as I've said before, Michigan law is not well defined. There is no place for me to look up what an emergency is -- but sometimes I feel like "I know it when I see it."
If the downstairs tenant calls and there is water pouring through their ceiling from upstairs, then I'm going to go into the upstairs apartment to take care of it.
If it is below freezing out and the power is off because the power company can't turn it on until the breakers are off -- then I'm going to go in and hit the breaker switch because I consider that an emergency that is necessary to protect my property from the pipes freezing.
I don't think I'd have any trouble in court with those situations.
We've already had a day below freezing here -- and my heat is electric -- so no power DOES mean frozen pipes here. I will therefore take action to make sure the power stays on.
- John...
P.S. That being said -- if the alternate is that the power just stays on and the power company is angry, but doesn't nothing and THE POWER STAYS ON. Then I agree that is a different situation. The OP did not make it clear what happens if they do not make this happen for the power company. I assumed that it may mean a power shutoff. If it DOES NOT, then I agree that it is not an emergency or even a hazard for that matter. We clearly don't have all the info here -- so I made an educated guess and then explained how I would handle that situation.
--207.241.xxx.xxx |
Entering property (by John... [MI]) Posted on: Nov 5, 2014 1:08 PM Message:
Moshe: And I still disagree with part of what you said. You seem to imply that if advance notice is given for repairs -- but the tenant says "no, I don't want you to come in!" that the LL can just go in anyhow since notice was given and it is a "repair."
Is that what you are saying? Because that is what it sounds like. And I disagree that you can just go in for repairs after giving notice if the tenant has made it clear that they do NOT want you to enter anyhow.
THAT is why I fell back on the emergency status.
- John...
--207.241.xxx.xxx |
Entering property (by Moshe [CA]) Posted on: Nov 5, 2014 1:26 PM Message:
Did I say that you can just go in for repairs after giving notice if the tenant has made it clear that they do NOT want you to enter anyhow?
In fact, what does "falling back on the emergency status" gain you? Now, can you just go in for repairs after declaring this to be an emergency, if the tenant has made it clear that they do NOT want you to enter anyhow?
--96.247.xx.xxx |
Entering property (by Jacqueline [PA]) Posted on: Nov 5, 2014 1:28 PM Message:
Thank you all for your response. The building is a historical building and all the meters are located in the basement. And the meters are old and need to be changed. As far as the eviction. The tenant is a section 8 tenant and according to the least, it can be broken after the first year if the property is needed for personal use or if a family member is going to move in. My son needed a place to stay because he now works in Phila. So we took her to court to have her evicted after her first year. Because she could not find a place, in which I gave her 120 days notice before her year was up. There were also some other problems that we had with her and her guest destroying the property and she feels that she should not have to pay for the front door class being shatter because of a dispute between her and her guest which she says was someone she had a restraining order against but he was staying there with her up until the incident happened. She feels that she should not be held responsible for her own decisions. However the judge gave her another 120 days to vacate the premises, because her voucher is good for 120 days, which is January 31, 2015. --96.227.xxx.xxx |
Entering property (by PATTI [OK]) Posted on: Nov 5, 2014 3:11 PM Message:
Post a notice of entering stating that the tenant has no choice and no excuses that the LL or owner will enter without tenant being there. --166.137.xxx.xxx |
Entering property (by Ken [NY]) Posted on: Nov 5, 2014 3:40 PM Message:
In my area all the older houses meters are in the basements.Jacqueline,are you saying the only way into the basement is through this tenants apartment?If that is the case I would just tell the power company they have to wait.I would not accept the judges decision,I would be reporting him to his superiors and trying to get another hearing.It is not an emergency just because the power company wants to get in,so I wouldn't use that as an excuse. --24.92.xx.xx |
Entering property (by Moshe [CA]) Posted on: Nov 5, 2014 4:45 PM Message:
"I would not accept the judges decision,I would be reporting him to his superiors ..."
Who are the judge's superiors?
Here in CA, they are elected. However, there are various classes of temporary judges that are appointed (Commissioners, Judges Pro Tem), but the Presiding Judge who appointed them has no authority to interfere with an individual case.
--96.247.xx.xxx |
Entering property (by John... [MI]) Posted on: Nov 5, 2014 6:06 PM Message:
Moshe: You asked "Did I say that you can just go in for repairs after giving notice if the tenant has made it clear that they do NOT want you to enter anyhow?"
Um, yes, you certainly implied it. The situation here is that the tenant does not want to allow entry. And you said: "since the landlord is allowed access to make repairs anyway, with advance notice, then giving the notice give him just as much right to enter as if he tried to invoke the emergency provision..."
You seemed to be saying exactly that -- that the LL is allowed access to make repairs anywhere, with advance notice.
At least, that's what you wrote.
As for your question of "what does 'falling back on the emergency status' gain you?" I explained it above. If this really is an emergency where PROPERTY DAMAGE COULD OCCUR if nothing is done, then I maintain that I have met the legal standard to enter even without permission.
Again, I tried to make it clear that I'm talking about a situation where the power will be shut off if no action is taken. If it is below freezing outside and my building's pipes would freeze without power -- and the only way to make sure that power stays on is to go in and flip the breakers -- then I still maintain that I am allowed to do that to protect my property. And I feel that I've complied with state laws in doing it that way.
- John...
--72.173.xxx.xx |
Entering property (by Ed [PA]) Posted on: Nov 5, 2014 6:09 PM Message:
The meters need replaced but it sounds like the replacement can wait until the tenant is gone - therefore wait. Your explanations seem strange, you signed a 1 year lease with a tenant and then tried to evict them before the year was up because you wanted your son to move in?
You can't send notice to not renew the lease at the end of the year you need to evict? You tenants guest damaged the house and Suction 8 didn't pay for damages and the judge felt the tenant could have a 120 day eviction? This all goes against state laws and practices. --96.236.xxx.xxx |
Entering property (by John... [MI]) Posted on: Nov 5, 2014 6:09 PM Message:
Jacqueline: Can you clarify the "necessity" of the meters being changed? Is this a situation where the power company just wants to schedule something when it is convenient? Or is this a situation where the power will be turned off at some point if they are not changed out?
If it is the former, then I agree with Moshe -- you don't really have the right to go in if they don't want you in and you'll have to tell the power company to wait.
If it is the latter, then see my post above where I think you do have the right to enter if not doing so means the power will be shut off. Because you need to protect your property from potential damage.
- John...
--72.173.xxx.xx |
Entering property (by Nicole [PA]) Posted on: Nov 5, 2014 6:27 PM Message:
I agree with Ed. If the lease term was up and you gave proper nonrenewal notice, the magistrate has NO ability in Pennsylvania to grant an extra 120 days because the tenant has no where to live.
You can't "report" the judge ... you should have had your lawyer at the Prothonotary's office at 8:30 the next morning filing an appeal in common pleas court. --72.95.xx.xxx |
Entering property (by Moshe [CA]) Posted on: Nov 5, 2014 8:37 PM Message:
"that the LL is allowed access to make repairs [anywhere], with advance notice."
Yes, he is ALLOWED. Without advance notice, he is NOT ALLOWED, except for the emergency provision, which means a bona-fide emergency.
So he is ALLOWED. Now try to exercise that right. If you go to court and ask for an injunction, you will get it, because the judge will recognize your right to enter to make repairs and your advance notice. But if you try to go in without going to court, you could be liable for a breach of privacy suit.
If there is a bona-fide emergency and you invoke the emergency privledge, you don't get any more rights. You are still ALLOWED, but you still can't go in if the tenant blocks your way. If you call something an emergency and it is not, then you never had that emergency right anyway, so you have the same rights as before. If its a bona-fide emergency and your judgment says that you MUST go in to save a life, call the Police, and they will help you to enter.
--96.247.xx.xxx |
Entering property (by John... [MI]) Posted on: Nov 6, 2014 7:26 AM Message:
I think we still disagree Moshe and I'm surprised of your side on this one. If advanced notice is given that the LL is going to enter for a non-emergency, but the tenant responds and says "No, you can't come in for that." -- then I think we actually can't go in against their wishes. (Again, for non-emergency repair.)
Are you saying that as long as notice is given, that they absolutely can just go in anyhow against the tenant's wishes?
(I know that lots of people think that -- but you usually seem to be one of the few that realizes that may not be legal.)
Or, wait... You're saying that we are "allowed", but don't have the "right" without the court first? That actually is a little different and seems more like what I would expect from you (and I agree with).
Maybe this was just confusion over my use of the word "allowed". I said that you weren't allowed to do it because you might have legal issues. You said that you are "allowed", but don't have the "right" to do it without going to court first. I think we're actually on the same page there -- you just use "allowed" a bit differently than I did.
- John...
--207.241.xxx.xxx |
Entering property (by Vee [OH]) Posted on: Nov 6, 2014 8:20 AM Message:
Sec8 hassles again... --75.94.xxx.xxx |
Entering property (by Jacqueline [PA]) Posted on: Nov 6, 2014 1:05 PM Message:
Thank you all for your input, I really appreciate it. Because I definitely want to do what is legally right. However, the meters were put in this morning within ten minutes without any issues from the tenant. I really enjoyed reading your comments concerning this matter. Be bless everyone!
Jackie --96.227.xxx.xxx |
Reply:
|
|