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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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The property manager has just given us a 12 day notice that

Customer Question

The property manager has just given us a 12 day notice that we have to be out of our 2nd floor condos for 6 days so they can replace the outside staircases to our units. This is an absurd amount of time to find a place to live in the 3rd week in November.
They have been delaying replacing these steps for years, and were discussing doing it back in March but for some reason, now that the summer has gone by they want to do it in mid November. How can I fight this and make them give us at least 30 days notice.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  RONB-ESQ replied 1 year ago.

Hi there, I’m Ron, and an attorney licensed in Texas since 2003. I see you have a question about your lease. I have handled matters like this in the past and believe I can help you understand your rights. In the event I believe you should seek a local attorney, I will advise you of that as well.

Please confirm in what state this is located. Also, has the lease expired by that did the original term expire i.e. originally 1/1/2013-1/1/2014 and now has become a month to month tenancy? Does the lease provide any specific language related to your obligations and/or theirs related to "common areas"? I think 6 days is unreasonable as well and can understand your frustration. Depending on the circumstances, if this substantially denies you the ability to use your apartment it could be deemed a constructive termination of the lease. By that I mean that due to their actions the lease is terminated "due to their actions" and you could move out seek new housing and perhaps sue them for damages due to lease being terminated (by them) and depending on state you may be able to recover attorney fees. Much of this depends on the specific language of the lease so you will need to look at the lease and all language around landlord's duty to give you notice, and maintain common area. Have they offered to relocate you at their cost during the replacement? Again the bulk of this will be based on language in the lease. Let me know if this answers your question.

Customer: replied 1 year ago.
This is not a leased rental - this is a condo which i own
Customer: replied 1 year ago.
in pennsylvania - are you familiar with pa law?
Expert:  RONB-ESQ replied 1 year ago.

I am sorry for my misunderstanding. Do you have covenants/restriction that you could review? Again these will be the governing documents. You should have received these at closing. Though the terms on the site indicate I am providing general legal information and I am not familiar with Pennsylvania law. If you would like I can opt out and you can have another attorney answer?

Customer: replied 1 year ago.
i have the condo docs but they are very general - i will take your answer if you are fairly familiar with pa real estate law - if not, how can i get someone on janswer who knows pa law
Customer: replied 1 year ago.
do you know pa law enough to answer this question?
Expert:  RONB-ESQ replied 1 year ago.

I apologize, but I would not say I am familiar with PA law. The law regarding landlord/tenant and condo purchase are generally similar between states. I think if I click the opt out option on my side it will send you out to the group again. Would you prefer that I try that? I am sorry for any misunderstanding. Let me know if I should opt out and you can then see what another attorney thinks on same subject

Customer: replied 1 year ago.
ok i will try someone else - thanks for trying

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