Real Estate Archives

High Swartz | January 1, 2021

High Swartz Merges with the Law Offices of Glen-David Schwarzschild, LLC of New Jersey

We are pleased to announce the firm's merger with the Law Offices of Glen-David Schwarzschild, LLC. Glen is a skilled Real Estate attorney and will continue to practice out of the new High Swartz office in Cherry Hill, New Jersey.

Mr. Schwarzschild has an active general commercial law practice, consisting of both transactional and commercial litigation matters. His practice concentrates in the areas of real estate tax appeals, real estate, land use, small business representation, commercial litigation, commercial transactions, and related matters.

Practicing law since 1985, Glen brings to High Swartz an established real estate tax appeal practice both in New Jersey and Pennsylvania. He has successfully represented local, regional and national corporate property owners and national property tax consulting firms, including Fortune 500 companies, national real estate investment trusts, and regional and national property management companies.

“High Swartz reputation in the legal community and its ability to provide me with resources and support will allow me to grow my law practice, and maintain and develop relationships with my current and prospective clients.”, says Mr. Schwarzschild.

Glen earned a Bachelor of Science degree in Accounting with a minor in Business Administration from the University of Delaware in 1979. He obtained his Juris Doctor from Rutgers-Camden School of Law in 1985. He is admitted to practice in federal and state court in New Jersey and in Pennsylvania, and before the United States Supreme Court. Outside of the office, Mr. Schwarzschild looks forward to mentoring business students at the University of Delaware in the Fall semester.

The merger of Mr. Schwarzschild’s practice allows High Swartz to establish a presence in the state of New Jersey. While a number of attorneys at High Swartz are licensed to practice in the state, this will be its first office outside of southeastern Pennsylvania.

High Swartz | October 13, 2020

Boundary Disputes in Pennsylvania

Boundary disputes between neighbors and their properties are nothing new, and are probably just about as old as the concept of privately-owned real estate.

Disputes between adjoining property owners regarding the location of their common property line can arise from a multitude of different factual situations. The property descriptions contained in some ancient deeds written by a quill pen and ink might have been ambiguous or contained inconsistent information. Or maybe a survey conducted many years later reveals that one neighbor’s fence (or deck, shed, or other structure) encroaches on the other neighbor’s property.

However they begin, these boundary line disputes can escalate quickly and require contacting a real estate attorney. Both neighbors may have some seemingly legitimate claim to title of the disputed area, and emotions often run high when it comes to the ownership of land that has been in the family for generations or for which significant sums of hard-earned money have been paid.

Sometimes all it takes is a conversation and/or a little research and the dispute resolves itself. Other times resolution will not be possible until you engage a real estate attorney and a court issues an order in an action to quiet title or ejectment.

Depending on the specific factual scenario, different legal principles may come into play, including adverse possession and the consentable line doctrine. Adverse possession and consentable line claims can allow a person who does not have legal title to a piece of land to acquire title through occupation of the land for a period of time. The requirements for claims made under these principles differ from state to state, and each case will require the analysis of a number of specific facts about the current and historical use of the property in dispute.

Adverse Possession

In Pennsylvania, a claim for adverse possession requires a claimant to show that it has occupied the land of another for a period of 21 years (or 10 years in certain, specific circumstances) in a manner that is:

Actual;
Continuous;
Exclusive;
Visible;
Notorious; and
Hostile.

These requirements are legal terms of art with specific legal definitions, and will require an in-depth understanding of the law and application of the facts by a real estate attorney. But importantly, title to the property can transfer to a person who continuously occupies and uses a portion of land in a manner hostile to the ownership of the title owner, and who has met all other requirements, for the required time period.

The Consentable Line Doctrine

The consentable line doctrine can be applied to cases where the existence of a boundary line is established by either recognition and acquiescence or dispute and compromise. It also requires a period of at least 21 years, but has much less stringent requirements than adverse possession. A claim based on acquiescence may only require that:

that each party has claimed the land on their side of the line as their own, and
that they have occupied the land on their side of the line for a continuous period of 21 years.

There are also less stringent requirements regarding the ability to satisfy the requirement of continuous occupation for at least 21 years by adding years that the property was used or occupied by prior owners, called “tacking”. In consentable line doctrine cases, the claimant does not need for the property for which they are asserting a claim to have been included in the property description of the deed by which they obtained title to their property, but need only show that the prior owner claimed the property and that the property is contiguous to the property they received by deed.

Whether you may be interested in assessing your own claim based on adverse possession or the consentable line doctrine, or need to evaluate the strength of a potential claim against you, it is vitally important to fully understand the law and assess the facts. It’s best to consult with a real estate attorney avoid issues.

What To Do If You Have a Boundary Dispute?

In many cases, neighbors will have good (or at least respectful) relationships and be able to work out some sort of private agreement between themselves. This is preferable where possible, since it will save significant amounts of time and money and help maintain the peace in the neighborhood.

Even in these cases, it may make sense to consult a real estate attorney for assistance and counsel in drafting or reviewing any agreement, as legal rights and real estate interests can often be complex and nuanced. It is important that the agreement protects you and your rights and interests now and in the future.

However, as stated above there are many cases in which the value of the property interest in dispute is significant enough or the neighbors involved are not able to come to an agreement on their own and litigation ensues.

It is important to engage experienced real estate attorneys with knowledge of the law and procedures involved to successfully enforce or defend your property rights. Contact us at 610-275-0700 to discuss your specific boundary dispute in Pennsylvania. Our law firm has offices in Norristown and Doylestown.

High Swartz | July 13, 2020

2021 Updated Real Estate Tax Appeal Deadlines in Southeastern Pennsylvania

Tax appeal deadlines are approaching for the filing of tax appeals throughout Pennsylvania. Make sure you know when your appeal must be submitted to be considered for the 2021 tax year.

PA County Important Dates

Montgomery County: The official deadline for filing appeals in Montgomery County is August 1 – since that date falls on a Saturday this year, applicants would be advised to submit their application by July 31.

Chester County and Bucks County: Both use the first business day in August as the deadline, which this year will be August 3.

Delaware County has undergone a countywide reassessment for 2021 (read more about that process here) and will allow appeals to be filed until September 1. This deadline was pushed from the original date of August 10 pursuant to an emergency order of the Delaware County Court of Common Pleas.

Philadelphia County: appeals are due no later than the first Monday in October, which falls on October 5.

Deadlines in most other counties throughout Pennsylvania are between August 1 and October 1.

Property assessments - and the tax bills that are calculated from them - are often very difficult for property owners to interpret and fully understand. Assessments are often some percentage of actual fair market value, and determining your property’s actual fair market value can be a bit complex.

A challenge to your property’s assessment is usually best supported for residential properties by evidence such as an appraisal, recent sales data for comparable properties, or other sources of information and support. Several other factors might be considered for commercial or investment properties, like the cost approach or income approach to valuation, each of which can involve compiling significant amounts of data and applying nuanced analysis and legal arguments. Real estate attorney Bill Kerr addresses the questions some commercial property owners may have here.

Our real estate lawyers have years of experience representing property owners in counties all across the state in appeals on properties ranging from single family homes to high-value commercial properties to multi-million dollar affordable or market rate apartment complexes. In many counties, the reduced assessment our attorneys are able to achieve will remain in place for many years, resulting in savings year after year.

High Swartz | June 29, 2020

Stormwater Fees in PA - What You Need to Know

Property Owners in PA looking to challenge their stormwater fees need to understand the requirements regarding how they are structured and assessed.

If you’ve read local newspapers or attended local government meetings in Pennsylvania over the past few years, you’re aware of the controversy over stormwater fees. Disgruntled landowners may call the fees “rain taxes,” but these fees are necessary to comply with the Environmental Protection Agency’s unfunded mandates on state and local governments.

What is a stormwater fee?

A stormwater fee is an assessment charged to property owners within a municipality’s service area in order to finance the costs of local stormwater programs. The amount of the fee for each individual property is usually determined based on its total impervious area (all surfaces that do not allow infiltration of water, including building coverage and surfaces made of materials like concrete and asphalt).

Why are stormwater fees imposed?

The short answer is that federal and state law have mandated a decrease in the amount of pollutants in waterways. Stormwater runoff is a major source of pollutants. Major projects will be necessary to reduce stormwater flow and the funds for these projects will come from municipalities. Most municipalities view stormwater fees as a more palatable and fairer alternative than taxation. .

The federal Clean Water Act sets stormwater requirements that the states administer under federal supervision. The Pennsylvania Department of Environmental Protection (DEP) administers stormwater matters under the MS4 (Municipal Separate Storm Sewer System) Program. The MS4 program applies to municipalities (or large institutions like universities and prisons) that have separate systems for sanitary sewer and stormwater management.

As of 2018, all municipalities in the MS4 program must meet specific pollutant load reduction targets by 2023, with penalties for noncompliance. Compliance will require significant improvements in most municipalities, from regular street and drain cleanings to construction of new retention basins and storm pipe infrastructure.

Why is there a stormwater fee and not a tax?

This mandate is not funded by EPA or DEP, so the costs of compliance fall to the local municipalities. Stormwater management fees are the least burdensome way for local governments to pay for compliance. The alternative of tax increases would be unpopular and would impose costs on the population as a whole rather than target those who generate stormwater. And ignoring the requirements would be even more costly, leading to penalties that would increase over time and also would be paid by all taxpayers. Stormwater fees are also fairer than taxes, because tax-exempt entities like government and nonprofit organizations that often generate significant stormwater runoff will pay stormwater fees.

What municipalities are or will be affected by stormwater fees?

Municipalities or large institutions regulated as MS4s, especially in watersheds designated as “impaired,” will be most affected by stormwater fees. MS4s gather stormwater through storm pipes, drains, or swales and discharge stormwater into local streams and rivers without any treatment.

The DEP manages the MS4 Program, issuing permits and ensuring compliance with federal mandates under the Clean Water Act. Specifically, DEP issues NPDES (National Pollution Discharge Elimination System) permits, authorizing MS4s to discharge stormwater into local waterways. To comply with NPDES permits, MS4 communities must develop a Stormwater Management Program (SWMP). Communities that discharge into watersheds classified by DEP as “impaired” must also develop Pollutant Reduction Plans (PRP).

DEP also requires minimum standards for stormwater controls in local ordinances, and has drafted a model ordinance that MS4s will have to implement by September 30, 2022 to remain compliant. There are over 1059 MS4s at the time of publication. Dep provides a list of these regulated MS4s, organized by county, on the its website, along with many other useful resources.

How are stormwater fees determined?

Municipalities can choose from several options to cover the costs of stormwater compliance. Some municipalities will assess fees directly. Others will create municipal authorities or join regional municipal authorities. Since 2013, the Municipality Authorities Act has permitted municipal authorities for stormwater management planning and projects. These municipal authorities have the authority to impose fees at “reasonable and uniform rates.” (See our earlier blog on municipal authorities for more info).

There are many variations in fee structures among municipalities and municipal authorities because fee calculation is left to the individual municipality or authority. Fees will be deemed reasonable if levied on property owners based on some calculation of the property’s potential to generate runoff. Some of the largest fees will come from properties that are exempt from real estate taxation under Pennsylvania law, such as schools, large churches, and authorities that own large tracts of real estate. The budget effect for these exempt entities may be significant.

A municipality or authority can choose from various methods of measurement as a basis for stormwater fees. Possible methods include the Equivalent Residential Unit (ERU) based on the average impervious area of a residential parcel in the community or a tiered system with several subcategories based on impervious area. More complex calculations include “Intensity of Development Factors (IDF)” or “Equivalent Hydraulic Areas (EHA),” that account for and weight both pervious and impervious area, to scientific and highly-tailored methods like the “Residential Equivalent Factor (REF)”. There is no uniform solution for determining stormwater fees, and the proper method will depend on many factors, including the overall land use characteristics, size, resources, and feedback from constituents and stakeholders. The Overview of Municipal Stormwater Fee Programs, published by the Pennsylvania Environmental Council, provides useful explanations of each method.

How do you get help if you have issues related to stormwater fees?

If you represent a municipal client that needs to comply with a current EPA mandate or a municipality wishing to establish a stormwater authority preventatively, before being mandated to do so, High Swartz can help. We provide counsel to help “thread the needle” of compliance, avoidance of large penalties, and limiting exposure to litigation from property owners.

If instead you are a property owner in a municipality that is implementing or planning for a stormwater fee, High Swartz can help ensure that the fees are based on accurate information, and levied in a “reasonable and uniform” manner, as required by law.

Our experienced municipal government team at High Swartz has in-depth knowledge and experience in all aspects of stormwater management and municipal law and can aid you in navigating this complex area of law and asserting and protecting your interests. Call us at 610-275-0700 or use the contact form found on this page.

William Kerr Jr. | May 15, 2020

PA Commercial Property Owners: Should You Consider Appealing Your Property Tax Assessments During the Coronavirus Pandemic?

May 2020 marks the second month where lost business revenues, unpaid rent and tenant expense reimbursement could have a significant impact on landlords and owners of commercial and residential income producing properties. What can be done?

With the near universal loss of business revenue during the coronavirus pandemic, everyone is being affected. Lawmakers have enacted The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) preventing evictions, mortgage foreclosures, and related legal remedies typically invoked for the failure to meet real estate based contractual obligations. News outlets report numerous instances where tenants or tenant advocacy groups are pursuing lease concessions, rent reductions, lease modifications, and other similar approaches to addressing tenant concerns during the coronavirus displacements.

Where PA property renters are being aided by legislation preventing evictions and foreclosures, the Covid situation can significantly hinder landlords and property owners ability to collect rents and reimbursements. Income producing properties, such as retail shopping malls and centers, office buildings, apartment complexes, hotels, restaurants, and similar other properties which derive revenue from the use of real estate, have been particularly impacted. While the resultant impacts to real estate derived revenues are hopefully temporary, they all create the potential for very significant near term impacts to real estate owners and managers in the form of disrupted operations, lost revenues and the reduction in real estate values.

The loss of tenant revenues impacts the ability of ownership to pay their own real estate related expenses. Real estate taxes are typically a significant expense line item for income producing properties, typically exceeding ten or more percent of gross rental revenues. Where rent and related revenues are significantly impacted, owners, landlords and managers should consider strategies to reduce real estate tax expenses in the effort to weather the COVID 19 storm.

Commercial property owners should consider a 2021 property tax appeal to reduce property expenses.

Real estate tax assessments in Pennsylvania are directly based on property values. County assessment offices will be re-certifying real estate tax assessments for tax year 2021 over the next few months. Property owners who believe their property may be impacted by the Covid crisis such that the current assessment overstates the actual fair market value of the property should consider filing an appeal for 2021.as part of the2021 re-certification process. Most Pennsylvania counties have appeal deadlines for 2021 of between late July and September 1. If you do not file a 2021 appeal by the upcoming deadline, your right to challenge the assessment for 2021 is permanently lost. For important dates regarding appeals in Delaware County PA, see our breakdown.

In conclusion, if you are the owner, landlord, or property manager of a retail, hotel, office, apartment, or similar income producing property, and you have experienced or expect to experience a significant loss in rental and related revenues generated at or by your property as a result of the coronavirus pandemic, you should consider filing a real estate assessment appeal for Tax Year 2021.

If you would like to discuss whether your property is a candidate for a real estate assessment appeal as a result of the coronavirus situation, please contact William F. Kerr, Jr. at wkerr@highswartz.com. High Swartz’s Real Estate attorneys have significant experience assuring that our client’s properties are properly assessed and taxed in dozens of Pennsylvania counties, including Philadelphia.

Kevin Cornish | March 12, 2020

Storage Unit Laws

Pennsylvania has distinct storage unit laws that protect occupants and owners. And yes, they can auction off your contents.

Have you ever seen an episode of Storage Wars and wondered, can someone legally sell property in a storage facility? Storage Wars takes place in California, and I am not here to discuss California law. However, Pennsylvania does have a law governing self-storage facilities and the short answer, in Pennsylvania, is yes, they can do that.

In Pennsylvania, the Self-Service Storage Facilities Act, 73 P.S. § 1901 et seq. (“Act”), governs these self storage facilities. Importantly, the Act provides that:

the storage facility owner has a lien on all personal property stored in the facility. The lien is superior to all other liens except those that existed prior to the placement of the personal property in the facility. The rental agreement must inform the occupant of this lien.

What if I don't pay my rent?

In the event that occupant fails to pay rent for a period of 30 days, the owner can begin proceedings to sell the contents. The owner must provide notice to the occupant of the default. The notice must be delivered in accordance with the Act and contain information such as:

the amount due
a demand for payment
a lien statement
a designated person for the occupant to contact
statement the contents will be advertised and sold if the delinquent rent is not paid.

The owner also has the right to deny the occupant access to the space until the delinquency is paid.

What if I still don't make the payment?

If the occupant still fails to make payment, the owner can proceed with advertising a sale of the contents. The owner must advertise the sale two times in a newspaper of general circulation. There are various requirements for the contents of the advertisement. Read here and learn of the requirements for each state. Additionally, the sale must occur at least 10 days after the first advertisement.

If the delinquent amount remains unpaid, the owner is free to sell the contents of the storage facility to satisfy the owner’s lien. Third parties can bid on, and purchase, the contents of the storage unit.

If you are a self-storage facility owner or renter, it is vital to assure that your rental agreements comply with storage unit laws and all legal procedures are followed to sell personal property to enforce the lien.

If you have any questions, contact Kevin Cornish at 610-275-0700 or via email at kcornish@highswartz.com.

The information above is general: we recommend that you consult an attorney regarding your specific circumstances. The content of this information is not meant to be considered as legal advice or a substitute for legal representation.

High Swartz | March 9, 2020

Real Estate Transfer Tax in Montgomery County, PA

Real Estate Transfer Tax is something everyone in Pennsylvania needs to address.

Whether you’re dealing with commercial or residential real estate purchases or real estate development in Montgomery County, PA, you will inevitably be faced with having to consider whether you are obligated to pay a real estate transfer tax. Here’s what you need to know.

In Pennsylvania, there is a transfer tax imposed by the state as well as the county in which the property is located. In Pennsylvania, there is a 1% transfer tax. Montgomery County imposes an additional 1%, which is comprised of a .50% local tax and a .50% school tax.

Fortunately, Montgomery County’s real estate transfer tax is consistent with most counties throughout the state and not as high as Philadelphia County, which imposes a real estate transfer tax of 3.278%. So, on top of that whopping number, add another 1% from Pennsylvania and you're paying 4.278% in Philadelphia.

When it comes to real estate transfer tax, most people only think of the sale of property in exchange for money, however, that is only one type of transfer on which the tax is imposed. In fact, transfer tax can apply to other transactions that involve the change in ownership of real estate by deed or other document, including long term leases.

While Pennsylvania provides exemptions from transfer taxes depending on the purpose or type of transaction and the parties involved, the law may not provide for exemption for all real estate transactions. Unlike Philadelphia, the only exemptions permitted for real estate transactions in Montgomery County are those permitted by state law.

Under Pennsylvania transfer tax law, parties such as the federal, state or local government or its agencies are excluded from being required to pay transfer tax on all transactions. However, if the party to whom the property is being transferred is not an excluded party, that party may in fact be responsible for transfer tax if the transaction itself is not excluded. These may include properties purchased at a judicial or sheriff’s sale or from a state or local government agency.

In addition to transfers to and from the federal, state or local government or its agencies, Pennsylvania real estate transfer tax law excludes certain transactions from transfer tax. These may include deeds of correction or confirmation, transactions between certain family members, non-profits, corporations, and trusts. I’ll talk more about transfer tax exclusions in an upcoming blog.

For now, it is important to understand that transfer taxes exist in residential and commercial property transactions and that you may need to consult with a real estate attorney to protect your interests.

For more information regarding real estate transfer tax in Montgomery County, contact us about our legal services. We're one of the top real estate law firms in Norristown. Call 610-275-0700 or email us at info@highswartz.com.

The information above is general: we recommend that you consult an attorney near you regarding your specific circumstances. The content of this information is not meant to be considered as legal advice or a substitute for legal representation.

Kevin Cornish | February 19, 2020

Why Real Estate Commission Agreements Should Always be in Writing

It's easy as a real estate agent to forgo the signing of important documents when performing services for a new client, friend, or family member. All to often, not getting your real estate commission agreement signed could make for issues trying to collect in the end.

As a real estate agent in Pennsylvania, payment for your services is almost always contingent on the sale of a property. Such a commission structure assures that when you have closed a sale, you will be paid for your services. In order to assure that you get paid, your real estate commission agreement must be in writing and signed by your client.

The Real Estate Licensing and Registration Act (RELRA), 63 P.S. 455.606a, provides in relevant part:

“A licensee may not perform a service for a consumer of real estate services for a fee, commission or other valuable consideration paid by or on behalf of the consumer unless the nature of the service and the fee to be charged are set forth in a written agreement between the broker and the consumer that is signed by the consumer. This paragraph shall not prohibit a licensee from performing services before such an agreement is signed, but the licensee is not entitled to recover a fee, commission or other valuable consideration in the absence of such a signed agreement.”

Further, the Pennsylvania Superior Court has upheld the requirement that a real estate commission agreement be set forth in writing and signed. In the case of Coldwell v. Dreslin, the realtor only had an oral agreement with its client for payment of a commission. When the realtor was not paid, the realtor filed a lawsuit to recover its commission. The court ruled that the oral fee agreement was not enforceable.

While it is often standard practice to obtain a written fee agreement prior to performing services, it is vital that the agreement is signed prior to performing any services for a client. Sometimes realtors may begin performing services expecting that the fee agreement will be signed in due course. However, if the client is successful in buying or selling a property quickly, the realtor could face a difficult position if the commission agreement has not been signed. This may be especially true in a situation where the realtor and client are friends, longtime business acquaintances, or family.

If you are not sure if you have an enforceable real estate commission agreement for the distribution of fees, you should contact a real estate lawyer.

As a realtor, you should always obtain a signed fee agreement in Pennsylvania before performing any services for a client. This holds true throughout the Commonwealth including for real estate transactions in Montgomery, Bucks, and Philadelphia County.

For more information about real estate agreement, feel free to contact Kevin Cornish at (610) 275-0700 or by email at kcornish@highswartz.com.

Tom Gabor | October 10, 2019

High Swartz is Legal Counsel for Affordable Housing Finance Award Winner

Highland Hall Senior Housing has been chosen as the seniors housing winner in Affordable Housing Finance magazine’s 2019 Readers’ Choice Awards.

The Highland Hall Complex, located in the Borough of Hollidaysburg, Blair County, Pennsylvania, was completed in January 2018 and provides 53 units of senior affordable housing to the residents of that community. The Development team was led by S&A Homes from State College, PA. The developer will be in attendance at the AHF Live conference in November, in Chicago, where they will formally receive their award.

“Developments like Highland Hall require a great team”, relays Robert Poole, CEO of S & A Homes. “Led by Andy Haines, we had important political support from Former Congressman Bill Shuster, Governor Tom Wolf, State Representatives Judy Ward, Jim Gregory, and former State Senator John Eichelberger. This was a development everyone wanted to happen.”

The design team was led by Upstreet Architects, Keller Engineers, with Arnold Heller and William F. Kerr of High Swartz as the legal counsel, Poole Anderson Construction as General Contractor, and NDC Management as the post construction property manager.

highland hall interior — Highland Hall Interior. *Photo credits: Gatesburg Road Development.*

Highland Hall, originally built in 1867, is listed individually on the National Register of Historic Places as well as being a significant structure in the Hollidaysburg Historic District. The stone building is Italianate style with Classical Revival/Second Empire elements. The limestone for the building was quarried on the property. Situated near the top of a hill overlooking its 4-acre site, Highland Hall is architecturally dominant as well as being a prominent part of the community visible from many areas throughout the neighborhood. This site is so revered in the community it has its own zoning district.

Prior to its current restoration, the building was vacant for 15 years and was in a state of disrepair with serious structural problems. The property has served the community as a County Courthouse Annex and home to several schools including a radio school during World War II, a girl’s school, and a seminary school. The previous property owner had requested a permission to demolish the property before being approached by S & A.

Numerous challenges were overcome so that S&A’s vision for this building could be brought to fruition. In designing the structural changes, preservation of the buildings central historic façade was paramount while simultaneously constructing two new building additions that would complement the historic fabric of the original building. Financing the Highland Hall renovation required perseverance by the development team as it took three attempts over several years in a competitive financing environment to secure the capital needed to complete the restoration. The financing package for the redevelopment of Highland Hall was complex and involved multiple sources of capital. Pennsylvania Housing Finance Agency provided a low interest loan of $1.5 million and an allocation of Low Income Housing Tax Credits. These tax credits were in turn purchased by CREA LLC in exchange for equity to use in funding the complex. Citizens Bank provided a bridge construction loan and also served as a sponsor of an Affordable Housing Program funding via the Federal Home Loan Bank of Pittsburgh.

The complex leased up to full occupancy in 5 months and has maintained full occupancy ever since. The development is one of 22 developments with LIHTC by S & A Homes, which started developing affordable housing in 2000 and continues to this day, focusing on Pennsylvania and West Virginia.

This article was adapted from a press release by Gatesburg Road Development. Photo credits: Gatesburg Road Development.

For more information regarding Affordable Housing, contact our real estate attorneys here at 1.833.LAW.1914.

Kevin Cornish | September 4, 2019

Can a Landlord Evict a Tenant for Late Rent?

In Pennsylvania, it's a landlord's right to file an order for possession in Magisterial District Court if a tenant fails to make timely rental payments.

Once a landlord receives an eviction judgment from the court, and no appeal is filed, the landlord has the right to request an order for possession of the property from the Court. An order for possession gives a sheriff or constable the right to evict a tenant from the leased property. However, a landlord may be faced with a tenant who wants to make payment of the judgment before the eviction.

Tenants in Pennsylvania have the right to pay and stay under the Landlord Tenant Act. 68 P.S. § 250.503(c). This means that a tenant can make payment up to the actual time of the eviction and remain in the property. The landlord would not be permitted to proceed with an eviction. But what amount must the tenant pay? And what amount must a tenant pay if additional rent came due after the date of the judgment?

What amount does the tenant have to pay to stay in the property?

The Landlord Tenant Act requires a tenant to pay “rent actually in arrears and the costs.” 68 P.S. § 250.503(c). This means that the tenant must pay the judgment amount plus the landlord’s costs in obtaining a court order for possession.

How much does the tenant pay if additional rent was due after the date of the court judgment?

In a situation when additional rent comes due after the judgment, a landlord may think that the tenant would also have to pay such additional amounts to remain in the property. However, this is not correct. A tenant is required to only pay the amount of the judgment plus costs, even if additional rent comes due after the judgment and before the eviction. Therefore, a landlord may be faced with a situation in which a tenant pays the outstanding judgment, but is still delinquent in rent. The landlord must then proceed from the beginning with another lawsuit in Magisterial District Court to obtain a judgment and order for possession.

High Swartz LLP real estate attorneys continue a long tradition of handling all aspects of real estate transactions. This work includes the protection of the interests of landowners, buyers and sellers of land, municipalities and developers. This work is a vital area of the firm’s practice, which is situated in the dynamic Greater Philadelphia handling real estate transactions in Montgomery County, Bucks County, Chester County, Delaware County and Philadelphia.

If you have any questions about Real Estate law, please contact Kevin Cornish at 610-275-0700 or kcornish@highswartz.com. Our attorneys in Bucks County and Montgomery County are here to assist you.