My apologies for the wait.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.
In this case, what you may have here is a case for unjust enrichment
. When all is said and done, what has happened is that they had lived out that part of the lease without payment.
The elements of unjust enrichment are "benefits conferred on defendant by plaintiff, appreciation of such benefits by defendant, and acceptance and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value." Wolf v. Wolf, 356 Pa.Super. 365, 514 A.2d 901 (1986), overruled 268*268 on other grounds, Van Buskirk v. Van Buskirk, 527 Pa. 218, 590 A.2d 4 (1991); see also Burgettstown-Smith Township Joint Sewage Authority v. Langeloth Townsite Co., 403 Pa.Super. 84, 588 A.2d 43 (1991)
Here, arguably, such an action exists.
The proper venue for this matter would be small claims
court, called a 'Magisterial District Court
.' You can see a guide on how to file a suit here
. A Judgment from the Court may be enforced just like any other judgment if not promptly paid.
I hope this helps and clarifies. Good luck.
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