It often comes as a surprise to people that landlord and tenant laws are some of the most complex laws we have, due in large part to the fact that the landlord-tenant relationship can be governed by local, state, and federal laws. As a result, both landlords and tenants are frequently unsure of where they stand from a legal perspective. Whether you are a landlord or a tenant, you may need to know what steps are required to evict a residential tenant in Pennsylvania.
Read MoreWorkers in the United States are fortunate enough to be protected by a number of state and federal laws that provide them with workplace rights and prohibit discriminatory and unfair employment practices. As you probably already know, most employers are required to pay most employees at least a minimum hourly wage in the U.S. You may, however, be unsure whether or not you are entitled to overtime wages.
Read MoreFor your business dispute lawsuit to be filed in federal court the court must have what is known as “subject matter jurisdiction.” Jurisdictional issues can become complicated very quickly, depending on the facts and circumstances of the lawsuit. As a general rules, however, the vast majority of lawsuits originate in state courts because federal courts only have very limited subject matter jurisdiction.
Read MoreAn injunction is simply a court order that orders a party to do something, or to refrain from doing something. What makes an injunction unique, in legal terms, is that a party may seek an injunction before the lawsuit is actually litigated. As a general rule, a court will not make decisions regarding the merits of a case before both sides have had the opportunity to be heard on the matter. An injunction can be an exception to this rule.
Read MoreThe Real Estate Settlement Procedures Act of 1974, or RESPA, was passed in an effort to prevent dishonesty and fraudulent dealings among the entities involved in the buying and selling of property, including lenders, construction companies, real estate agents, and title insurance companies. Because of the complex nature of RESPA it is in your best interest to work closely with a Pennsylvania real estate lawyer if you are planning to purchase real estate; however, a general overview of RESPA may also help you to better understand your rights as a buyer.
Read MoreThroughout your lifetime, you will likely enter into hundreds of contacts, both personal and professional. Some are relatively simple and of little importance while others are complex and control major purchases or significant business agreements. There is also a very good likelihood that you will end up in a dispute over one of these contracts at some point in your life – particularly if you are a business owner. Knowing that a contract could become the basis of a dispute is an excellent reason to insist that the contract be in writing. Why is it so important though to have a written contract when there is a contract dispute?
Read MoreA zoning variance is an exception to the existing zoning law. If you own property, or wish to purchase property, and the existing zoning does not allow you to use the property in the way in which you wish to use it, you have two basic options – try to get the zoning changed, or apply for a variance. Re-zoning, or changing the existing zoning, it typically much more complicated and harder to get approved than obtaining a variance because a variance is a one-time exception for a particular property whereas re-zoning permanently changes the existing zoning designation.
Read MoreAccording to the Wage and Hour Division of the U.S. Department of Labor, many employees are guaranteed overtime in certain conditions by the Fair Labor Standards Act (FLSA). FLSA is a federal law applicable throughout the United States, including in Pennsylvania. PA also has its own rules on overtime. According to the FLSA, employees are entitled to overtime once they have worked at least 40 hours during the course of a standard work week. A workweek is defined as a "fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods."
Read MoreIn Pennsylvania, the amount you pay in property taxes is determined by your millage rate as well as by an appraisal that is performed on your home. The higher the value that your home is appraised for, the higher your real estate taxes will be. As a result, residential property tax appeals are focused on challenging the valuation of your appraisal so you can try to get the official value of your home lowered.
Read MoreThe job of a business litigation attorney is to provide advocacy and representation for someone who is suing or who is being sued in connection with business law matters. Many cases end up settling outside of court because an attorney is able to help the disputing parties reach a negotiated settlement. Mediation or arbitration are also possible methods of resolving business disputes. However, even if you hope to resolve your case through a negotiated settlement or alternative dispute resolution, you still need a business litigation attorney.
Read MoreAn employment lawyer provides legal representation to individual workers, to groups of workers who form a class, and to employers. There are many laws governing the relationship between employers and employees. When there is an accusation that these laws are broken, an attorney should become involved to represent the interests of those whose rights were violated.
Read MoreHomeowners, home sellers, lessors and lessees, commercial property owners, developers, and anyone else who is entering into a real estate transaction needs to consider the terms of the contract, the financing terms, and a wide variety of other issues in order to ensure that their purchase is a good one for both the long-term and the short-term.
Read MoreSmall disputes can arise in many circumstances in the commercial world. Whether the dispute is a disagreement between shareholders and partners, a breach of contract claim, an employment dispute, or any other source of conflict, the issue needs to be resolved quickly for the sake of all involved businesses. Allowing a dispute to linger on for a long period of time can create confusion and uncertainty, which undermines normal operations and affects the ability of the involved businesses to thrive and grow.
Read MoreBecause zoning regulations only allow for specific kinds of uses for each given property or lot, zoning rules dramatically impact how a residential, commercial, or industrial property owner can use his or her space. As a result, ownership of a property is never absolute because it is always subject to zoning restrictions. The authority of municipalities and local government to establish zoning rules has withheld challenges to the U.S. Supreme Court, and it is clear that property owners must respect zoning rules and not use properties for unapproved uses or build structures that violate zoning laws.
Read MoreBecause contracts are so pervasive and because contracts set the terms for almost all business and professional relationships, the way in which a dispute affects your organization is going to vary based on many factors. The type of contractual agreement is going to make a difference in how a dispute affects your business, as well the identities of the involved parties. The type of disagreement can also matter as well. A dispute over contract interpretation or over the meaning of a contractual agreement must be handled differently than conflict over whether the contract is valid at all and must be handled differently than allegations a breach has occurred.
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