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Ask Jane Doe Deer Your Own Question

Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
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i have a problem...im being forced to move out because my

Customer Question

i have a problem...i'm being forced to move out because my landlord didn't hold up to code enforcement and there was a hearing held yesterday in which it was determined that the whole building needed to be renovated and that everyone in the building has to move until the renovations are completed and up to code. now, my question is: is my landlord responsible for our moving costs since it is not our fault that the building is not up to code.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Jane Doe Deer replied 5 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me.

 

There can also be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following answered before I can answer your question. Sorry - it's a little bit of a different process from sitting in an attorney's office.

 

Can you please tell me whether or not you had a lease and, if so, when it expires?

 

Do you want me to research this question for you on Westlaw?

 

I'll look forward to hearing from you,

 

Jane Doe Deer

 

Customer: replied 5 years ago.
yes i do have a lease...it expires in march of 09.....yes please do some research for me...i cant find anything on this matter myself
Expert:  Jane Doe Deer replied 5 years ago.

I searched on Westlaw for you for cases in which tenants are forced to move out of a building because of code violations or condemnation.

 

Here's a case that came out against you:

 

United States District Court,E.D. Pennsylvania.

Pablo BERRIOS, et al., Plaintiffs,
v.
The CITY OF LANCASTER, et al., Defendants.

Civ. A. No. 90-5252.

July 14, 1992.

Low income tenants of housing brought claim against city seeking damages for a Fifth Amendment taking and relocation benefits under the Housing and Community Development Act after city condemned property. Tenants brought motion for summary judgment. The District Court, Troutman, Senior District Judge, held that: (1) tenants had no reasonable investment backed expectation in continued possession of uninhabitable leasehold, and (2) tenants were not entitled to relocation benefits under the Housing and Community Development Act.
Motion denied; case dismissed.

 

The CJS (a legal encyclopedia) has this information, some of which may be helpful to you:

 

29A C.J.S. Eminent Domain § 172

Corpus Juris Secundum
Database updated June 2008

Eminent Domain
Francis C. Amendola, J.D., William Danne, J.D., John R. Kennel, J.D., of the staff of the National Legal Research Group, Inc., Stephen Lease, J.D., Lucas Martin, J.D., Eric Mayer, J.D., and Elizabeth Williams, J.D.

VII. Compensation
D. Measure and Elements of Damages
3. Nature, Amount, and Particular Elements of Damages
b. Particular Elements of Damage


Topic Summary References Correlation Table

§ 172. Expenses incurred-Removal or relocation expenses

West's Key Number Digest

West's Key Number Digest, Eminent Domain

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95, 147
While in the absence of statutory authority, the owner generally cannot recover expenses incurred in removing or relocating personal property which is on land taken for a public use, under a statute so providing, the cost of removing or relocating personal property from land taken for a public use is a proper element of damage. Under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the head of the displacing agency must provide for the payment to the displaced person of statutorily specified expenses.
In the absence of statutory authority, the owner generally cannot recover expenses incurred in removing or relocating personal property which is on land taken for a public use.[FN1] However, the cost of detaching and reinstalling removable trade fixtures is compensable.[FN2] Furthermore, when there is an entire taking of the property, expenses of removal or relocation of the property are not to be included in valuing what is taken by the condemnor.[FN3] However, there is also authority that relocation costs are recoverable as part of just and adequate compensation;[FN4] and under a statute so providing, the cost of removing personal property from land taken for a public use is a proper element of damage.[FN5] However, recoverable relocation costs do not include the costs of making newly leased premises more valuable.[FN6] Statutes providing for the recovery of relocation expenses are designed to compensate, within specified limits, those persons displaced by a state agency for the actual and reasonable costs of relocating.[FN7] The purpose of such statutorily authorized payments is to supplement traditional eminent domain compensation,[FN8] not to create an additional element of[FN9] nor to provide an alternative basis for[FN10] full compensation. Moreover, the rights and benefits available under such a statute are entirely separate and distinct from the landowner's constitutional right to just compensation and damages in a condemnation proceeding;[FN11] and to recover benefits under the statute, a qualified displaced person must pursue his or her remedies under the statute.[FN12]
Removal or relocation of business.

Although there is authority that, at least in exceptional cases, such injury is an element of damages,[FN13] it is generally held that the loss, inconvenience, or expense arising from a removal or relocation of one's business, or of property or equipment connected therewith, which is necessitated by the appropriation of the land does not constitute an element of the damages to be allowed.[FN14] A statute may provide for the payment of relocation expenses to a business forced to relocate due to the appropriation of its land.[FN15] The purpose of statutorily authorized payments for business relocation costs is to supplement traditional eminent domain compensation, not to create an additional element of full compensation.[FN16]
Lessee.

When a leasehold is taken the lessee can recover for the cost of removing personal property, or fixtures used in such business.[FN17] Under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,[FN18] whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the head of the displacing agency must provide for the payment to the displaced person of: (1) actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property;[FN19] (2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the head of the agency;[FN20] (3) actual reasonable expenses in searching for a replacement business or farm;[FN21] and (4) actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, but not to exceed a statutorily specified amount.[FN22] Furthermore, provision is made for any displaced person eligible for payments under the applicable provision[FN23] who is displaced from a dwelling to receive, in lieu of the payments under such provision,[FN24] to receive an expense and dislocation allowance.[FN25] The head of any displacing agency must ensure that certain relocation assistance advisory services specified by statute[FN26] are made available to all persons displaced by such agency.[FN27] Furthermore, if the agency head determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency head may make available to such person such advisory services.[FN28] The term "displaced person," for purposes of the applicable provisions,[FN29] means any person who moves from real property, or moves his personal property from real property; as a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a federal agency or with federal financial assistance;[FN30] or as a direct result of rehabilitation, demolition, or such other displacing activity as the lead agency may prescribe, of other real property on which such person conducts a business or a farm operation, under a program or project undertaken by a federal agency or with federal financial assistance where the head of the displacing agency determines that such displacement is permanent.[FN31] The purpose of the Act is to consolidate federal relocation efforts and standardize the type and amount of relief available to dislocated persons, regardless of the agency involved.[FN32] Congress intended the Act to be a matter between the federal agency handling funds and the relator at the state level.[FN33] The Act requires a causal connection between the displacement and the government's actual acquisition of the land.[FN34] Under the Act, the relocation or discontinuance of the business must occur as a direct result of the government acquiring the land upon which the business is located. Such causal connection is not satisfied if the business ceases operating or relocates for some reason other than the government actually acquiring the underlying land.[FN35]

 

 

----------

 

This should prove helpful:

 

18 Cambria C.R. 37, 7 Pa. D. & C.2d 394, 1957 WL 8066 (Pa.Com.Pl.)

Court of Common Pleas of Pennsylvania, Cambria County.

Frangie
v.
Solomon

No. 105.

March term, 1954.
February 23, 1955.

**1 *395 Preliminary objections to complaint in assumpsit.

West Headnotes


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233k101 k. Injury to or Destruction of Premises. Most Cited Cases

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233k172(3) k. Failure of Landlord to Repair. Most Cited Cases

A tenant's removal from a leased building, which has been condemned by public authorities after many notices to the landlord to repair, constitutes an eviction for which the landlord will be liable if the condemnation results from the landlord's breach of his covenant to repair, and the condemnation will not be considered a "casualty" under a clause of the lease which provides that "in the event of the total destruction of the said building by fire or other casualty. ... This lease shall immediately cease and determine. ...".

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233k101 k. Injury to or Destruction of Premises. Most Cited Cases

Where a provision in a lease states "in the event of the total destruction of the said building by fire or other casualty, this lease shall immediately cease and determine ...", defendants cannot claim that condemnation of the building by the public authorities after notice on numerous occasions to the defendants is a "casualty" under this provision.

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233k101 k. Injury to or Destruction of Premises. Most Cited Cases

Fire or other casualty is defined as an accident; That which comes by chance or without design, or without being foreseen. A condemnation by the public authorities after numerous notices to repair is not an event which comes under this definition.

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233k152 Covenants and Agreements as to Repairs and Alterations

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233k152(3) k. Construction and Operation of Covenants in General. Most Cited Cases

A landlord's agreement with the first floor tenant to "maintain the exterior of the building and the roof in good repair" includes maintenance of the structural soundness of the four walls where the landlord retains control of the upper floors.

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233k154 Remedies for Failure to Make Repairs and Alterations

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233k154(1) k. Nature and Form of Remedy. Most Cited Cases

Assumpsit, rather than trespass, is the proper form of action by a tenant against landlord for damages arising from a breach of covenant in a lease "to maintain the exterior of the building and the roof in good repair" where the action is based solely on the landlord's failure to repair and not upon a breach of duty apart from his nonperformance.

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302 Pleading

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302VI Amended and Supplemental Pleadings and Repleader

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302k242 Amendment of Declaration, Complaint, Petition, or Statement

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302k249(1) k. In General. Most Cited Cases

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