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Tenant Menaced by Landlord's Agent

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  • 08-15-2015, 06:13 AM
    autodidactus82
    Tenant Menaced by Landlord's Agent
    My question involves landlord-tenant law in the State of: Pennsylvania

    This involves 3 people, tenant, landlord, and landlord's agent.

    My friend [Tenant] lives on the property of someone [landlord] who does not want him living there. Landlord has recently brought case to magisterial court and it was dismissed without prejudice.

    Some days ago a family member of landlord [Landlord's Agent] went to visit the tenant wearing gloves and carrying a brand new machete and recommends the tenant to leave. Tenant and Landlord's agent then proceeded to negotiate the remainder of tenant's stay. (Ostensibly Landlord's agent had the machete in hand to cut down thorn bushes around the tenant's living space.)

    This to me seems like a clear case of menacing, can the tenant use this incidence as a defense against eviction? The tenant was in fear of bodily harm/assault.

    What should the tenant do in this circumstance?

    Landlord's agent does not live in same state as tenant, although his address and name are known.

    Neither tenant or landlord's agent has a history of violent behavior or criminal record.
  • 08-15-2015, 07:12 AM
    HRinDEVON
    Re: Tenant Menaced by Landlord's Agent
    LL bears burden of proof in eviction matters.

    What exactly do you mean by to negioate remainder of tenants stay. Oral, Written?

    Somebody shows up brandishing a weapon and seeking to get tenant out...that's time for a call to police? A bit late now ...
  • 08-15-2015, 09:04 AM
    adjusterjack
    Re: Tenant Menaced by Landlord's Agent
    Agree.

    What the stupid tenant should have done was close the door on the guy and call the police right then if he felt "menaced."

    But he stood there and negotiated and now he has nothing.

    Armchair quarterbacking isn't going to change that.
  • 08-15-2015, 09:10 AM
    HRinDEVON
    Re: Tenant Menaced by Landlord's Agent
    So far we don't know what if anything got negioated....might help if OP filled us in.

    it may be that something negioated while the reputed agent brandishes a weapon actually backfires against Ll.
    It is as bad a form of illegal self help eviction as I've seen posted here ...if that's what it was...
  • 08-15-2015, 08:51 PM
    Mr. Knowitall
    Re: Tenant Menaced by Landlord's Agent
    Quote:

    Quoting autodidactus82
    View Post
    Some days ago a family member of landlord [Landlord's Agent] went to visit the tenant wearing gloves and carrying a brand new machete and recommends the tenant to leave.

    So... a relative of the landlord was doing gardening, and was wearing gardening gloves and carrying a gardening tool, and you want to try to turn that into a major incident on behalf of somebody who wasn't scared enough to close his door, let alone call the police?
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