Landlord taking illegal possession

[pittsburghrn]

I have rented the same property for 3.5 years. For two years I had a lease and let it lapse. I also signed a waiver of notice to quit in the first lease but not in the second. Last month's rent was paid up front with the security deposit at the time of taking possession.

Landlord advised me he wanted to sell the house and offered it to me to buy. Within one week, I told him I would not be buying the house. At the first of the month, we agreed I would vacate within 45 days. I told him I would be out in 30 as they were in a hurry to rehab the property for sale and 45 days would be mid-month, not a good time to begin a new lease.

Immediately the landlord began extensive work on the property without asking, bringing in workers and working 12 to 13 hours a day on the property, putting on a new roof, concrete work, removing trees, pressure washing, etc. None of these things were necessary repairs and I asked landlord to scale back as I had no peace from sunup to sundown. Now he wants to come inside to begin work, painting and putting on new doors. I have 10 days left here and do not want him here at all. Can I call the police and have him removed? I can't even have a cookout for memorial day because he insists on working.

 

[jacksgal]

Long as he gives you notice of his intent to enter its legal. Its only ten days try to deal with it. Fighting the issue will likely make matters worse

 

[pittsburghrn]

Thanks for the reply. I do understand I have to let him enter. But isn't it law that it can only be for the purpose of making necessary repairs? It doesn't seem right that I no longer have the use of the premises for which I paid the full dollar's rent. I feel like I'm being robbed. I cannot use my drive way, I can't have my grand daughter over for fear she could hurt herself on the power tools and all the equipment. He's using my electricity and water for the work. There are no days off from the incessant noise. I'm a nurse and often work nights. Isn't there a law that states that unless it is for nonpayment of rent, I cannot be denied peaceful enjoyment of the premises until I vacate? This has gone on the entire month. I have asked him to not work here on my moving day because it will impede my move. He will not comply.

 

[Gail_in_Georgia]

Yes; if you have paid for these remaining days on your lease you are certainly entitled to what is known as peaceful enjoyment. However, since your lease is ending very, very soon it is likely your landlord is not going to comply with your requests.

Gail

 

[emorgan0831]

I think that because it is such a short amount of time left on the lease, it won't matter what you do. He is going to do what he wants. Maybe you could nicely try and make him understand that you need some time without people there working. That you will be out in 10days and he can return to do work after that 10 days is up. How are you supposed to move with people repairing things all over?

 

[pittsburghrn]

I stopped in front of the magistrate's office a couple of days ago hoping for some kind of immediate relief but I know better and moved on. I worked as a legal assistant for years doing landlord/tenant as part of several practices in Florida. Nothing is overnight. The only card I had to play was possibly calling the cops for disturbing the peace and getting some kind of emergency temporary injunction or restraining order but I only have a few days left now and it seems kind of ridiculous. Had I known at the beginning of the month it was going to be this way, I would have pursued injunctive relief at the very begining. I found case law, "the Law of Negligence" on the PA statutes that states there doesn't need to be an expulsion to constitute an eviction. It describes the situation that happened here as "an eviction in law". So here I played by the rules, never late on the rent, good tenant and now this.

I'm just so angry at having allowed myself to be bullied by this arrogant person.

 

[emorgan0831]

I knwo how you feel. My husband and I are feeling the same way about our situation. We did so much for them while we lived there so they wouldn't have to come and do repairs themselves or pay for someone to do it, with their permission mind you, and now they are turning it around. After being such great tenants, never late, always about a week early on rent, and never bugging them. We thought we could trust them. Them seemed nice. Now it all comes out of the woodwork.

 

[emorgan0831]

How did things turn out?