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Landlord has double block house with common basement area,

Customer Question
Landlord has double block...

Landlord has double block house with common basement area, can access be denied if landlord believes one tennant is messing with the other tennants furnace.

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Pa no

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Lease period is up , lease states they are responsible if damage accures due to running out of oil or not running furnace

Submitted: 25 days ago.Category: Real Estate Law
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Answered in 1 minute by:
3/26/2018
Real Estate Lawyer: legalgems, Arbitrator replied 25 days ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,569
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 25 days ago

So to be clear, both tenants are at will (lease has expired) or month to month, and the lease (or past practices) has allowed both tenants access to a common area (basement) and there is reasonable grounds that the tenant is accessing the other tenant's property without permission?

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Customer reply replied 25 days ago
No the one i suspect of tampering with the furnace ,lease has expired. Question is do i have the right to restrict access to the common area to protect the other tennant (safety concerns here )
Real Estate Lawyer: legalgems, Arbitrator replied 25 days ago

In order to restrict access there would need to be proof of the issue otherwise a tenant can sue for breach of the lease (basically for interference with the quiet use and enjoyment of common areas).

If there is adequate proof (videorecording after proper notice for example) then that can be grounds for terminating access since breaching a lease can result in the termination of that lease (most leases state that interfering with other tenant's or the owner's property is a breach of the lease).

If the tenant is an at will tenancy, then generally the landlord may terminate the lease, or modify the lease, with proper notice. This can include restricting a common area so that it is no longer accessible.

PA law does not specify how much notice is required so if the lease does not specify normally the terms of payment will determine - so for example a monthly tenant would need to be given 30 days notice.

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Real Estate Lawyer: legalgems, Arbitrator replied 24 days ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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