Da-OG_karma2000

Da-OG_karma2000 OP t1_itvrrun wrote

Yes, the magistrate's office did mention something like that. "Execute on site" with the Sheriff. But records show that this company does pay -- but only after the court has garnished their bank account. I am willing to go the distance -- for now. If it gets too exhausting I may throw in the towel. Time will tell.

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Da-OG_karma2000 OP t1_iturgie wrote

Thanks for sharing your story. I sort of have a card up my sleeve. I reached out to a Pittsburgh newspaper investigations editor when I first started dealing with this. Another tenant & friend of mine also got stiffed upon move-out. As did my downstairs neighbor. No returned deposit, no itemized list of deductions, nada. She let it go, didn't bother to fight after living there 7 years. The other guy did, and his story would make you cringe. It did sour me, but after researching this company & seeing pages and pages of court records with the same story, it charged me up. The paper was doing stories at the time about corrupt landlords & decrepit buildings, & I saw an opportunity. The editor called me the day after I emailed him and we talked for 30 minutes. He was interested, but then the bridge collapsed & their focus diverted. I am hopeful that he will pick it back up & include this company in their next article, as he said he wanted to, particularly since they were evicting tenants for whom their rent was paid by COVID protections for several months, likely illegally. For them to get away with this for more than a decade, seemingly unchecked, something is amiss, & 2 of my former building neighbors are on board with me. Honestly I am exhausted by it & wanted to say to hell with it last night as I was gathering paperwork. What's also motivating me is why my attorney at the time said to me. She was also a real estate agent w/30 years in the business. After reading my lease she said it was one of the 3 worst leases she had ever seen. That it contained terms already struck down by the Supreme Court, including a Confession of Judgement, which is only legal in commercial leases. It says that if I didn't pay rent that they could come into my apartment & confiscate anything they wanted, & that I forfeited my right to object. Lawyer told me this is in commercial leases for people who start a new business, buy a bunch of equipment to run it, and then fail. Landlord can recoup their money by taking said equipment. She recommended I report them to HUD. The reason I left in the first place was they retro billed me for rent -- my lease ended at the end of June, and unlike after my first year there, they did not send me a lease renewal letter. So I paid my July rent as usual. They cashed the check around the 8th. Then on the 27th or 28th I get their lease renewal letter. It says they are increasing my rent by $50/month, and the increase starts July 1st -- they mailed this the day before I got it, so 7/27. It states that I am delinquent by $50 and must pay it immediately before they will even extend my lease. Mind you -- I already paid my June rent in full, & they had cashed my check 3 weeks prior. So now I supposedly owe them $50 for June, plus an additional $50 for July, which is due in 4 or 5 days. This is when I hire the attorney who strongly advises me not to re-sign this lease. She tells me to pay my previously agreed upon rent and to decline to sign the new lease. They send me a second notice a week or so later, this time threatening legal action if I don't pay them the extra $50 for the previous month. I am a mature college graduate & professional with a fair amount legal knowledge. If they think they can pull one over on me, imagine what they are doing to their other tenants? The idea shook me. I cannot in good conscience let it go.

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Da-OG_karma2000 OP t1_itrhjj3 wrote

I am flummoxed by this, but it appears that Cyclops is the winner of this match. The court clerk just responded with this:

Once the decision is appealed to the Court of Common Pleas it becomes de novo. Which means the case starts over again from the beginning. This is why you would need to file a new complaint.

One thing is certain, the law in Pennsylvania is tailored to the benefit of landlords and landlords only. This has to change. I don't live in PA anymore but someone has to fight for the lowly renters who do.

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Da-OG_karma2000 OP t1_itrgoyp wrote

So now I have 2 responses that say different things. How can one court's judgment be rendered moot just by the loser filing an appeal? That does not make sense to me, although to be frank none of this makes much sense. I have contacted an attorney for advice, but in the meantime I will fill all of this out and will more than likely make the 90 minute drive to Pitts during my workday when I should and would rather be working, because I will not tolerate this harassment, which is what I believe this is. This property owner is notorious for this behavior. They do not return deposits as standard practice. They do not pay judgements until their bank account is garnished (I've done my research). One year on I could take or leave the money, but the principle is at stake. Thanks all for your responses.

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