Landlord-Tenant Orientation – Fall 2019

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Presentation transcript:

Landlord-Tenant Orientation – Fall 2019 Presented by: Attorney Matthew Feinman

Introduction The information contained in these slides and made available during the presentation are for educational purposes only. If you have legal concerns that you would like to discuss, please visit: https://www.cmu.edu/student-affairs/dean/student-legal-consultation/index.html Any information provided today should not be perceived as legal advice or the formation of an attorney-client privilege. As of the Fall 2018 semester, Carnegie Mellon University has engaged private attorneys in order to provide legal consultations to its student body. In addition to facilitating direct meetings between student and lawyer, a series of presentations have been scheduled. This presentation is part of a series of Landlord/Tenant law. This presentation will discuss the creation of a lease, the relevant terms to be aware of, and a discussion of when and how to communicate with your Landlord.

About Your Presenter: Matthew S. Feinman, Esq. Solo practitioner for 3 years 60-75% of practice focuses on Landlord/Tenant Law Has been employed by government, corporate, and private entities Owns Steel City Mediation, a local mediation facilitation company Voted by the Incline Magazine as one of the Top Under-40 Attorneys in Pittsburgh Published in the University of Pittsburgh Journal of Technology Law and Policy, as well as the Air Law Institute

Contract Law 101 In a majority of the cases we see in student consultation, the answers the students seek are already written into the contract (the Lease). When signing a lease, here are the main topics to look for:

Repairs and Maintenance Termination Parties: Landlord Tenant(s) Length of the Tenancy 1 year? More? Auto-renew? Upfront Costs Security Deposit? First Month’s Rent? Last Month’s Rent? Who pays utilities? Repairs and Maintenance Termination

Who Should Be On The Lease? Everyone who lives in the property MUST be on the lease The Landlord and all of the Tenants need to be listed In Pittsburgh, no more than three (3) unrelated people can live together, per city ordinance (except in special circumstances). If you live with more than two other people, and your landlord only puts three of you on the lease, you must insist that all of the tenants be put on the lease. This will help protect you should your landlord ever take you to court.

How Long Is My Lease? Most leases last for 1 year, or within a few days thereof. Many leases have an “auto-renew” provision, so read carefully While not typically upheld in court, you could be held liable for a year’s rent if you fail to terminate on time

What Do I Pay Upfront? Security Deposit Held in escrow Used to repair damage by Tenant Is NOT the same as paying the last month of rent <More on next slide> First Month’s Rent Most landlords want you to pay the first month when you sign your lease. This is extremely common to protect both parties Last Month’s Rent Some landlords want the last months’ rent paid up- front as well.

Security Deposit Cannot be more than the equivalent of 2 months rent during the first year Cannot be more than 1 month’s rent after the first year Used to protect Landlord against damages by Tenants and Tenants’ guests Is not to be used to repair damages that occur through the Landlord’s negligence

Utilities You need to know who pays the utilities at the property. For example: My landlord at home pays the water, sends me the bill, and I repay him. I also pay the electric and gas bills directly. But, my landlord at the office pays the water and gas, and we pay the electric directly PWSA (Pittsburgh Water and Sewer Authority) only allows the bill to be put into the owner’s name, but the tenant can get a copy of the bill Electric and Gas bills can be put in the tenants’ names

Repairs and Maintenance Who fixes what? Often, the answer is in the Lease. Most minor repairs (batteries, light bulbs, lawn care, etc.) are usually the responsibility of the Tenant Major repairs should be done by the Landlord

Termination of the Lease There should be information about the end of the lease As discussed earlier, you need to know the length of your lease, whether it automatically renews or not, and how to end the lease. ** Terminating a lease is a topic that is discussed in another presentation later in the year

Weekly Student Consultations Every week, Carnegie Mellon University schedules time for students to meet with an attorney for a 20- minute consultation https://www.cmu.edu/student-affairs/dean/student- legal-consultation/index.html We meet with students on a variety of topics, including Landlord/Tenant issues, Criminal law, Employment law, Civil Suits, Contract Law, Personal Injury, and more.

QUESTIONS? Any information provided today should not be perceived as legal advice or the formation of an attorney-client privilege. This general overview I presented today should not be construed as legal advice as it pertains to your personal situation. If you are dealing with these issues, or any other, please see an attorney. For questions pertaining to immigration issues, you can also reach out to: Linda Gentile, Director Of International Education Email: lgentile@cmu.edu On Campus: Posner Hall, Room 149D Phone: (412) 268 5231