Pa. Super. Ct. Rules Time of Blood Draw is Testimonial Evidence

The Pennsylvania Superior Court has decided the case of Commonwealth v. Hajdarevic, 2020 Pa. Super. 175. In this case, the Court held that the time a defendant’s blood is drawn is testimonial evidence for purposes of the Sixth Amendment Confrontation Clause. In other words, a defendant has a constitutional right to cross-examine the individual who […]

Ten Steps to Evict a Tenant Fast

In this blog I will discuss ten steps to increase the likelihood of success in filing an eviction in Philadelphia, PA. Step 1: Execute a Strong Lease In Pennsylvania, landlord-tenant matters are governed by contract law. The lease is the written contract that governs the landlord-tenant relationship. Therefore, if you are a landlord it is […]

Motion to Complete Terms of Sheriff Sale

If you were the winning bidder at a Philadelphia Sheriff Sale but did not pay the balance due within thirty (30) days of sale, you may still be able to purchase the property. Pursuant to Pa. R.C.P. 2327 you may intervene and file a motion to complete terms of sheriff sale. Before the motion to […]

Petition to Set Aside Sheriff Sale (Pa.R.C.P. 3132)

In Philadelphia, owners of real estate have a legal obligation to pay taxes. If those taxes are not paid the City will enter a judgment against the property owner. If the judgments are not paid the City will eventually file a lawsuit with the court to sell your property to cover the costs of the […]

Defending Philadelphia Lead Paint Law (Section 6-800)

Phila. Code Section 6-800 (“PLDCL”) has become an increased source of litigation in recent years. Many tenants will sue landlords under the ordinance for violation of the Code. The law requires landlords to certify that Targeted Housing is “lead safe.” Targeted Housing is property built before 1978 that is rented to a Tenant with children aged […]

Breaking a Lease (Pugh v. Holmes, 486 Pa. 272)

Is the Property Habitable? There are many things to consider in breaking a lease. In Philadelphia, PA every landlord has a legal obligation to provide fit and habitable property to the Tenant. See Pugh v. Holmes, 486 Pa. 272 (1979). For example, if the property you are living in requires serious repairs you may be […]

Philadelphia Code Section 6-800 (Lead Disclosure Law)

Many landlords are unclear on when they are obligated to test their properties for lead. In Philadelphia, a landlord must test the property for lead where; 1.) The property is built before 1978; 2.) Landlord is renting to Tenants with children aged 6 or under in the property. Under these circumstances the landlord is legally […]