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Brother Owns Parents' House, Wants to Renovate With a Sibling Still in Residence

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  • 12-04-2012, 12:20 PM
    Sedition
    Brother Owns Parents' House, Wants to Renovate With a Sibling Still in Residence
    My question involves an eviction in the state of: Pennsylvania
    My parents sold their home to my brother 20 years ago because of financial issues with the agreement that they could live there until their death but they had to pay monthly rent. Seven years ago I moved in with my mother after my father's death to take care of her as she could no longer live alone in her 90's. Last September I had to put her in a nursing home. During this whole period the rent was paid to my brother (who lives in Los Angeles) every month without fail. Now that my mother is in a home my brother wants to sell which I always knew and is understandable. However he wants me to agree to let all the construction workers come in and remodel the house while I am living in it which will entail moving all the furniture out and emptying the house. He said I could have a bed and table to live. (!) On November 7 he told me has a listing date for Feb 22 2013. I asked him to please let me move March one and wait till I am gone before any construction and house emptying takes place. He has refused. He said I don't to have to pay rent but have to abide by all he wants to do or he is evicting me ASAP. But I want to pay rent and stay appx. 86 more days. However I will not live in a place that will not be remotely habitable let alone filled with workers. I am a female living alone here. I want to have till March 1 to move so I don't have to leave in the middle of winter and I have enough time to dispose of all my parents possessions etc. plus have adequate time to find another place to live. What are my rights here? If I have left anything out please ask. Even though I have offered to keep paying rent he won't listen to anything I say. Can he just come in and let the realtor come in (he gave the guy a key) without my permission? He will not compromise with me in any way and insists I have NO rights at all.
    Can someone advise me on this?
  • 12-04-2012, 12:47 PM
    Foster_Foster
    Re: Unusual Eviction Issue/ Need Guidelines
    You're free to file a petition in local court to seek an injunction on the topic of remodeling, but that may just cause brother to seek an eviction.

    You aren't obligated to worry about your parents' possessions (and unless you have power of attorney from your mom or she's competent and has asked you to do so, I'm not sure you want to get involved with that and let your brother worry about it).

    I don't believe PA landlord-tenant laws allow a landlord to come in any time they please, without proper advance notice.

    I suggest you hit the local landlord-tenant court and see what booklet or other info they have if you cannot locate more specific stuff as it relates to your unnamed locality online or through local housing dept.

    In a typical scenario, all he'd need to do is give you a 30-day notice.
  • 12-05-2012, 08:24 PM
    Sedition
    Re: Unusual Eviction Issue/ Need Guidelines
    Thanks for the reply. I assumed he would be able to give me a thirty day notice...he would treat this as me being a regular tenant with all associated rights
    right? This is in Washington County/ Pa. If after the thirty days I was not out wouldn't he then have to go to court to get me to leave? Don't I have any other protections for the length of time I rented from him as well as the 'no notice' he gave me?

    - - - Updated - - -

    I have an update. My brother just told me eviction does not apply in this matter and there is a much more expedient way to proceed. I cannot think what this would be. Any ideas? What could be faster than eviction? Don't I have tenant rights?
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