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Landlord/Tenant
Representation for Landlords and Tenants
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Disputes between landlords and tenants can quickly become costly and disruptive. Unpaid rent, lease violations, property damage, habitability concerns, security deposits, and disagreements over possession of a property can require prompt legal action.
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McGowan Legal LLC represents landlords and tenants in residential and commercial landlord-tenant disputes throughout Western Pennsylvania and across the Commonwealth.
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Whether you are a property owner seeking possession of a rental property or a tenant facing an improper eviction or serious problems with a landlord, McGowan Legal can evaluate your rights and help determine the appropriate course of action.
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Evictions and Unpaid Rent
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Pennsylvania law establishes specific procedures that landlords generally must follow before removing a tenant from rental property. A landlord ordinarily cannot simply change the locks, remove a tenant's belongings, or otherwise take possession without following the required legal process.
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Depending on the circumstances and the terms of the lease, an eviction may be based on issues such as:
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Failure to pay rent;
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Expiration or termination of the lease;
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Violation of material lease provisions;
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Damage to the property;
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Unauthorized occupants or prohibited activities; or
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Other breaches of the rental agreement.
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For residential properties, eviction proceedings are commonly initiated before a Magisterial District Judge. If judgment is entered for possession, additional procedures and waiting periods generally apply before the tenant can actually be removed.
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McGowan Legal represents landlords throughout the eviction process, from evaluating the lease and preparing the appropriate notice through the hearing and, when necessary, obtaining possession of the property.
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Notice to Quit
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One of the first questions in many Pennsylvania eviction cases is whether the landlord must provide the tenant with a Notice to Quit before filing an action for possession.
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The Pennsylvania Landlord and Tenant Act establishes notice periods that may vary depending upon the basis for termination and the nature and duration of the tenancy. A written lease may also contain provisions affecting the notice otherwise required by law.
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A defective notice—or failure to provide one when required—can delay an otherwise valid eviction proceeding. Landlords should therefore review the lease and applicable legal requirements before filing.
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McGowan Legal can assist landlords in determining whether notice is required, preparing an appropriate Notice to Quit, and proceeding with an eviction if the tenant fails to resolve the issue or surrender possession.
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Lease Violations and Property Damage
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Not every landlord-tenant dispute involves unpaid rent.
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Tenants may violate lease provisions concerning occupants, pets, alterations to the property, illegal activity, maintenance obligations, or other restrictions. Significant property damage or repeated violations can also create disputes concerning both possession and financial responsibility.
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McGowan Legal assists landlords with evaluating alleged lease violations, documenting the problem, providing required notices, pursuing possession where appropriate, and seeking compensation for damages caused by a tenant.
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Security Deposit Disputes
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Pennsylvania law regulates residential security deposits and imposes requirements concerning their handling and return.
At the conclusion of a tenancy, disputes frequently arise over whether a landlord may retain some or all of the security deposit for unpaid rent or damage to the property. Pennsylvania law also imposes requirements concerning the accounting that must be provided to a former tenant.
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McGowan Legal represents both landlords and tenants in disputes involving security deposits, deductions for property damage, unpaid rent, and compliance with Pennsylvania's statutory requirements.
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Tenant Rights and Habitability
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Tenants also have enforceable rights concerning the condition and use of rented property.
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Pennsylvania recognizes an implied warranty of habitability in residential leases. Serious conditions affecting the basic safety or habitability of a residence may give a tenant legal remedies, particularly when a landlord has notice of the condition and fails to address it.
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Potential disputes may involve lack of heat or essential utilities, serious plumbing or electrical problems, unsafe structural conditions, water intrusion, infestations, or other substantial defects.
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The appropriate remedy depends heavily on the facts. Tenants should be cautious about simply withholding rent or terminating a lease without first determining whether Pennsylvania law permits the proposed action.
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Wrongful Eviction and Self-Help
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Landlords generally must use the legal eviction process to regain possession of residential rental property. Attempts to force a tenant out through lockouts, removal of belongings, termination of essential services, or similar measures can create additional legal disputes.
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McGowan Legal represents tenants who believe they have been improperly excluded from rental property or subjected to other unlawful efforts to force them to leave.
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The firm also advises landlords before action is taken, helping property owners pursue possession through the appropriate legal process while avoiding unnecessary exposure to counterclaims.
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Magisterial District Judge Hearings and Appeals
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Many Pennsylvania landlord-tenant disputes are initially decided by a Magisterial District Judge.
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Although these proceedings are less formal than litigation in the Court of Common Pleas, the outcome can have significant consequences. The parties may need to present the lease, payment records, photographs, communications, inspection records, repair invoices, witnesses, and other evidence supporting their positions.
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A party dissatisfied with the result may have the right to appeal to the Court of Common Pleas. Pennsylvania imposes short deadlines on landlord-tenant appeals, and special procedures can apply when a tenant seeks to remain in possession during the appeal.
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McGowan Legal represents clients at both the Magisterial District Court and Court of Common Pleas levels.
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Commercial Landlord-Tenant Disputes
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Commercial leases can create disputes involving significantly different issues from residential tenancies.
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The parties' rights may depend heavily on the language of the lease, including provisions governing rent, operating expenses, maintenance obligations, insurance, defaults, acceleration, renewal options, assignment and subletting, personal guarantees, and remedies following breach.
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McGowan Legal represents businesses and property owners in commercial lease disputes, including actions involving unpaid rent, breach of lease, possession of commercial property, and related contractual claims.
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Landlord-Tenant Representation in Western Pennsylvania
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McGowan Legal LLC assists landlords, tenants, property owners, and businesses with rental-property disputes in Pittsburgh, Allegheny County, and communities throughout Western Pennsylvania, as well as matters elsewhere in Pennsylvania.
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Our representation may include eviction proceedings, unpaid rent claims, lease disputes, security deposits, property damage, habitability claims, wrongful eviction allegations, commercial lease disputes, Magisterial District Judge hearings, and appeals to the Court of Common Pleas.
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Speak With a Pennsylvania Landlord-Tenant Attorney
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Landlord-tenant disputes often move quickly, particularly when possession of the property is at issue. Understanding the lease, applicable Pennsylvania law, and the procedural requirements of an eviction or appeal can make a substantial difference in how the matter proceeds.
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Contact McGowan Legal LLC to discuss a landlord-tenant dispute in Pittsburgh, Western Pennsylvania, or elsewhere in the Commonwealth.
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