[PA] Breach of LL/Tenant Contract (tense relationship & missed snow removal)

[PixelRogue]

What is the name of your state (only U.S. law)? Pennsylvania - PA

Hello everyone. Thank you in advance for your input.

Background
Apartment Owner/Tenant relationship remains strained for quite some time (and tenant continues to have very negative impact on the other tenants). Even though the tenant extended the leases another year, complaints remain unreasonable and constant ~ always unhappy so I have offered to re-rent the unit and dissolve the lease which the tenant turned down on several occasions.

In January a registered letter was sent to tenant stating the lease would not be renewed for another year ~ lease comes due April 30th, 2011.

Issue
Received a registered letter stating the tenant is vacating apartment end of February stating breach of contract.
• Snow crew missed one recent snowfall (not quite sure why it was missed). Once I was aware the snow was not cleared I had sent a helper down to clear the snow. Snow removal is my responsibility and though I have a regular snow crew to clear snow the property was missed so on a technicality this appears it might be a legitimate breach of contract.
• Tenant is responsible for house electric (mainly outside public lighting). Contractor working on the property plugged a compressor into an outlet that is connected to the house electric (used intermittently for less than 1 hour). I was not aware of this usage and when the tenant asked I offered $10.00 which would more than cover the light electric usage. Tenant sites use of house electric for property maintenance w/o prior permission is breach of contract. ~ would this clause constitute breach?

Question
Terminating the lease is in the best interest of everyone. My preference would be to re-rent the apartment and terminate current lease. To bring this situation to a close and make the environment a more pleasant one for the other tenants, I am willing to make an exception and accept the terms the tenant outlined in the registered letter.

1) If I accept the terms outlined in the lease to bring closure, is there risk of admission to items outlined in letter (there were other baseless claims made) ~ whereby acceptance of terms would then establish grounds for legal action?
2) Is there value/risk in responding with a letter accepting terms? What is the name of your state (only U.S. law)?
​

Thank you...
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->I can't get rid of this state question here..keeps reappearing What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[BL]

What is the name of your state (only U.S. law)? Pennsylvania - PA

Hello everyone. Thank you in advance for your input.

Background
Apartment Owner/Tenant relationship remains strained for quite some time (and tenant continues to have very negative impact on the other tenants). Even though the tenant extended the leases another year, complaints remain unreasonable and constant ~ always unhappy so I have offered to re-rent the unit and dissolve the lease which the tenant turned down on several occasions.

In January a registered letter was sent to tenant stating the lease would not be renewed for another year ~ lease comes due April 30th, 2011.

Issue
Received a registered letter stating the tenant is vacating apartment end of February stating breach of contract.
• Snow crew missed one recent snowfall (not quite sure why it was missed). Once I was aware the snow was not cleared I had sent a helper down to clear the snow. Snow removal is my responsibility and though I have a regular snow crew to clear snow the property was missed so on a technicality this appears it might be a legitimate breach of contract.
• Tenant is responsible for house electric (mainly outside public lighting). Contractor working on the property plugged a compressor into an outlet that is connected to the house electric (used intermittently for less than 1 hour). I was not aware of this usage and when the tenant asked I offered $10.00 which would more than cover the light electric usage. Tenant sites use of house electric for property maintenance w/o prior permission is breach of contract. ~ would this clause constitute breach?

Question
Terminating the lease is in the best interest of everyone. My preference would be to re-rent the apartment and terminate current lease. To bring this situation to a close and make the environment a more pleasant one for the other tenants, I am willing to make an exception and accept the terms the tenant outlined in the registered letter.

1) If I accept the terms outlined in the lease to bring closure, is there risk of admission to items outlined in letter (there were other baseless claims made) ~ whereby acceptance of terms would then establish grounds for legal action?
2) Is there value/risk in responding with a letter accepting terms? What is the name of your state (only U.S. law)?
​

Thank you...
---
->I can't get rid of this state question here..keeps reappearing What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

This is simple .

These small complaints about the breach are baseless .

Everyone knows darn well the NE got hit good and one snow removal miss isn't going anywhere with the tenant .You did address the issue .

The Elect. is a no brainier.

Advise the tenant by vacating at the end of Feb. will cost them.

Advise the tenant you will release them from their lease in writing with the stipulation if they vacate by midnight the last day of Feb. there will be NO rent penalties .

Advise once they vacate you will return their Sec. deposit ( if any ) provided there are no serious damages or need for excessive cleaning .

 

[FarmerJ]

Snow , one time not removing it fast enough should not be a problem , (just came home from my overnight shift, its drifted knee deep where I normally park ) electric , theres a very easy solution of you if your lease already states that house lighting is connected to the tenants meter then nothing more you can do about it for now since it was disclosed., If it was not disclosed in writting then negotiate it choices can incl > A> consider installing a totally separate elect meter & breaker panel for house and have that one billed to you. >B> having a sub meter installed to sub meter just the circuits that are connected to the one rental read that sub meter monthly and calculate what the tenants elect use is and re bill them where they pay you . >C> consider including into the lease a reasonable number of KWH of use every month and then any thing over that the tenant will be sent a bill by you and again calculate what the tenants use over and above the preset in to the lease amount is and in the lease give them a few days once they have been sent notice with the amount over the preset to pay up. OR just simply inc the elect in lease but word the lease that you have the right to increase the rent with x number of days notice due to higher elect consumption ( this way one must be prepared to have copies of the bills avail so tenant can see them too)

 

[PixelRogue]

Thank you...

Thank you for the fast input. Very helpful...