All Forum Posts by: Kevin Donovan

Thanks for all the advice.  It is very helpful.

Here are some more details.  Insurance - State Farm. Tenant never told me he was hurt and still has never had a discussion about being hit by plaster ceiling.  The only reason I know is the attorney letter.  His yearly lease ends April 30 2015 then becomes month to month so I assume he is moving because plumber told me boxes are packed.

I have no idea if there is a hospital bill.  I will assume he does have a bill.

He is trying to gain a quick settlement and move on to the next landlord.

I plan on making him pay for the damage.  I notified him of this and this is probably the reason he got an attorney.  I will file civil action if he doesn't pay for the damage.

Here are my questions:  Should I file insurance fraud with the state now or wait until he vacates probably in May 2015?    Should I file insurance fraud now or wait until I am actually served with court paperwork?

Tim, you mentioned a small claim can be handled over the phone.  If it is a small claim under $2500 and I report it my rates will increase.  If I report it to my insurance company they take control of the case and might just pay it off to get it off the books.   My rates than increase.  I was going to delay reporting it to my insurance company until they either serve me with the court paperwork or the attorney pressure increases.   I don't want to make this easy for them so this is why I am not responding. 

I have a tenant who rents a Single home and refused to heat the home during the winter.  He would use heat in only the bedrooms.  Pipes froze and burst in kitchen,  Plumber repaired the problem.  i told tenant he would need to pay for repairs because his negligence.  About 2 weeks after repair a 2 foot by 2 foot section of plaster fell in kitchen.  Tenants wife told me they were upstairs and heard the noise.  After all repairs were made in ceiling I received a letter from an attorney representing him.

1. He never was hit because he was upstairs when plaster fell

2. He was negligent in not using heat

3. Clear insurance fraud

4.  I have not responded to the attorney

I assume he will move out soon because month to month lease.

Anyone experience similar situations?  I don't plan on informing my insurance unless I get served with court papers.  Do state insurance fraud departments get involved in these situations?  Any suggestions? Thanks

I understand that if you have an unpaid landlord judgment in Pennsylvania you can ask the constable or sheriff to levy against personal property.

If a person has a vehicle that has a loan, can the constable levy against this vehicle?  I was told the constable can and the loan company needs to take ownership of the vehicle prior to the date of the levy sale.  If they don't the vehicle is the plantiff's (landlord) free and clear.   Is this correct?    Anyone have anything in writing to confirm this?  Thanks- Kevin

You're right - instead of trying to bring jobs to the town they decide to target landlord and tenants.  It is disgusting the discrimination "homeowners" of Pottstown have on the people who need to rent.  First it was internet blogs and comments in the paper.  Now they have private meetings with Borough council and codes department trying to convince them they need to target landlords and now restrict certain types of people renting in the town.  The bad part is the Borough Council members make $1200 a year to be on council and it is easy for them to agree with the activists then have their name destroyed in the local newspaper and blogs.  They are beginning to make decisions based on fear of the negativity against them and their families if they don't support the activists. 

Thanks Steve.   Pottstown is now charging $75 per inspection. Doesn't matter if it once a year or more.  $75 each time.  They are also starting a mandatory yearly inspection on every unit.  Probably trying to produce income more than safety.  Any idea if the yearly inspection has been challenged in court in other towns?

Pottstown is also throwing around an idea of a good landlord program.  If you go through the courses and ONLY rent to tenants they feel are appropriate you pay the regular yearly rental rate per unit.  If you don't go through the courses and rent to whoever the landlord feels is ok, you pay an outrageous yearly fee - I heard $300-$400 per unit.  Anyone experience this program and any court decisions if challenged?

Our group is all for being good landlords but no one can tell us we need to take mandatory courses or tell us who we cannot rent to.  We are trying to get ahead of the game and get the attorneys ready. Thanks - Kevin

Hello Allentown landlords - I am in Pottstown and it looks like we will be experiencing changes in inspection fees in the near future.  I volunteered to do the research to find out what other landlords in other communities have done to fight/object to these increasing fees.  When I did a google search I notice an article in the Morning Call from Jan 2012 with the headine

Landlords sue city over rental unit fee hike

Lawsuit calls the $75 fee "an unlawful special tax."

I cannot find any follow up and seems Lehigh County civil records are not easy to get from the internet.

Did this settle?  What was outcome? Any feedback about the attorney representing the landlord?  Any links that I can access on the internet to read about this case.

Thanks - Kevin

Hopefully someone has experience on Pennsylvania's wage attachment for non payment of rent.

The home I rented to the tenant was in Montgomery County and I recorded the Judgment at the Prothonotary of Montgomery County.

The tenant rented another home in Montgomery County and works in Berks County.

It is my understanding the Montgomery County Sheriff will not go into Berks County to serve the garnishment on the employer.  I can't assign the Judgment to Berks County because the Berks County Sheriff won't come into Montgomery County to serve the Tenant.

I can't seem to find anyone that has experienced this situation in PA.  Any help would be appreciated ?  Thanks - Kevin