If you own rental property, here is a scenario you should be familiar with: your tenant signed a 60-month lease providing for monthly rental payments in the amount of $1,000/per month. The tenant is approximately 17 months in when they decide it will be vacating the premises. Along with vacating the premises, the tenant ceases all rental payments. You want to file suit against the tenant for breach of contact ASAP, but how much can you seek in damages? The answer is: it depends.
Category: Blog
Are You Prepared if Your Tenant Vacates the Rental Property and Stops Paying Rent? Check Your Lease!
July 13, 2015
Reducing Property Tax on New or Improved Residential Property in the City of Pittsburgh: Part 3
May 27, 2015
RESIDENTIAL ENHANCED LERTA
By Bernstein-Burkley, P.C.
Part 1 and Part 2 of this 3-part blog discussed the Act 42 and Act 202 Residential Tax Abatement programs available through Allegheny County, the City of Pittsburgh and the Pittsburgh School District, and the Act 42 Enhanced Residential Abatement programs available through the City and School District. In addition to, or in lieu of, those abatements discussed in Part 1 and Part 2, commercial or industrial property in the City of Pittsburgh that is converted to residential property may be eligible for abatements for City and School District purposes which allow for reduced real estate taxes for up to ten years following completion of the improvements. This program is known as the Residential Enhanced LERTA, or Local Economic Revitalization Tax Act, and is available only for property located within certain deteriorated areas defined by the Council of the City of Pittsburgh, as discussed below.
Robert S. Bernstein Named New Commercial Law League of America President
May 14, 2015
The Commercial Law League of America (CLLA) recently announced that Bernstein-Burkley, P.C. Co-Managing Partner, Robert S. Bernstein, will serve as its 2015-2016 Board of Governors president. This makes Bernstein the only two-term president other than the group’s founder, William Sprague, in 1896.
The Commercial Law League
Since 1895, the CLLA has connected experienced attorneys with credit grantors, lending institutions and other commercial credit, bankruptcy and general finance industry members through networking, education, legislative advocacy and specialized legal services. The association’s members include attorneys, collection agencies, judges, accountants, trustees, turnaround managers and other credit and finance experts.
For more information on Mr. Bernstein’s presidency, and to learn more about the CLLA, please visit www.CLLA.org.
Watch Robert Bernstein discuss the CLLA’s 2015 National Convention and what the next year will bring for the organization.
Reducing Property Tax on New or Improved Residential Property in the City of Pittsburgh: Part 2
May 13, 2015
ACT 42 ENHANCED RESIDENTIAL PROPERTY TAX ABATEMENT
By Bernstein-Burkley
Part 1 of this 3-part blog, located here, discussed the Act 42 and Act 202 residential property tax abatement programs available through Allegheny County, the City of Pittsburgh and Pittsburgh School District. In addition to, or in lieu of, the abatements discussed in Part 1, new and improved residential property located in the City of Pittsburgh may be eligible for alternative abatements for City and School District purposes, which allow for reduced real estate taxes for up to ten years following completion of the improvements. This program is known as the Act 42 Enhanced Residential Tax Abatement, and is available only for property located within certain neighborhoods defined by the Council of the City of Pittsburgh, as discussed below.
Long Arm Jurisdiction Statutes: Can They Be Beneficial to Your Collection Practice?
May 11, 2015
Overview
Many preliminary concerns are involved when deciding whether or not to institute a collection lawsuit. One of the foremost is the decision of where to file that lawsuit. Any evaluation of where to file includes a discussion of jurisdiction.
Jurisdiction involves the court’s ability to determine the dispute at hand. There are two types of jurisdiction that must be present before a court can hear a dispute, subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction speaks to the power of the court over the nature of the case and the court’s ability to grant the type of remedy that is demanded. Personal jurisdiction speaks to the power of the court over the parties.
Continue reading “Long Arm Jurisdiction Statutes: Can They Be Beneficial to Your Collection Practice?”
An 8-Year Legal Battle Comes to an End, Creditors Awarded Millions
April 27, 2015
By Robert S. Bernstein, Esq., Co-Managing Partner
It’s a small fee by bankruptcy mega-case standards, but it was huge for us. Recently, we were awarded the biggest fee in our firm’s history, $2.5 million, as a result of our eight-year battle for creditors against the former officers and directors of the failed Lemington Home for the Aged in Pittsburgh.
The Home went into Chapter 11 in 2005 and the officers and directors determined to close it, we think, due to some mismanagement (which may have resulted in the tragic death of a resident). The case had a great deal of intrigue, including a number of broken and disappearing computer hard drives which, when reconstructed, contained damaging evidence.
Continue reading “An 8-Year Legal Battle Comes to an End, Creditors Awarded Millions”
Reducing Property Tax on New or Improved Residential Property in the City of Pittsburgh: Part 1
April 20, 2015
ACT 42 and ACT 202 RESIDENTIAL PROPERTY TAX ABATEMENT
By Bernstein-Burkley
If you purchase or build new residential real estate, or make improvements to existing residential real estate, in the City of Pittsburgh, your property tax can be abated, or reduced, for up to three years following completion of the improvements. Moreover, if the residential property is located within a “Targeted Growth Zone” or other defined area, your City of Pittsburgh and Pittsburgh School District property taxes can be abated for up to ten years following completion of the improvements. This three-part blog is intended to provide an overview of the various residential real estate tax abatement programs available to property owners in the City of Pittsburgh and the steps necessary to obtain the benefit of such programs. Part 1 focuses on the Act 42 and Act 202 programs adopted by Allegheny County, the City of Pittsburgh and the Pittsburgh School District. Continue reading “Reducing Property Tax on New or Improved Residential Property in the City of Pittsburgh: Part 1”
The Problem of Recording vs. Filing Condominium Liens in Pennsylvania
March 26, 2015
By: Raymond P. Wendolowski, Esq.
Under Pennsylvania Law, the homeowner’s association of a condominium has access to some very stringent remedies, that to to seek to collect the unpaid assessments levied against any of the homeowners in the condominium association. One of the strongest remedies that the homeowners association has is the use of a lien against a unit for the unpaid assessment fees. The lien is granted to the association pursuant to 68 Pa.C.S.A. § 3315 of the Uniform Condominium Act (“UCA”). The lien can be foreclosed upon to permit the association to recover the unpaid assessments by way of a sale of the unit against which the lien attaches.
Continue reading “The Problem of Recording vs. Filing Condominium Liens in Pennsylvania”
Preparing for Trial in a Commercial Collections Case
February 16, 2015
In this episode, Bernstein-Burkley, P.C. Partner, Nicholas D. Krawec, discusses what a creditor/plaintiff can expect when going to trial in a commercial collection case. He highlights the time and manpower required, and the importance of choosing the best witness and providing detailed, reliable account information.
If you have any topics that you’d like to hear about, don’t hesitate to email info@bernsteinlaw.com, and don’t forget to subscribe to the 5 Minute Legal Master Channel!
Real Estate Transfer Tax and the Conveyance of Oil and Gas Interests
February 12, 2015
To answer the question whether or not there is a Real Estate Transfer Tax on the conveyance of an interest in oil and gas in Pennsylvania, we must first ask if oil and gas interests are treated as real property under Pennsylvania law. Continue reading “Real Estate Transfer Tax and the Conveyance of Oil and Gas Interests”
Six Biggest Property Tax Assessment Appeal Errors
February 3, 2015
By: Bernstein-Burkley
Every year, property owners in Pennsylvania are permitted to file a real estate Property Tax Assessment appeal. A successful assessment appeal for your property can save you hundreds or thousands of dollars. Below is a list of the six most common and costly mistakes property owners make during the tax assessment appeal process. Continue reading “Six Biggest Property Tax Assessment Appeal Errors”
Motions for Summary Judgment in Pennsylvania State Court
January 20, 2015
A motion for summary judgment is a valuable tool for any litigator. Such a motion can be filed in most types of cases including those for breach of contract, mortgage foreclosure or declaratory judgment. While many types of cases can be resolved by a motion for summary judgment, a party is often less likely to prevail if the case has a complex factual background. A practitioner must carefully consider whether a motion for summary judgment is a cost-effective option for his client. One must keep in mind that the opposition need only evidence one issue of material fact in dispute to overcome a motion for summary judgment.
Continue reading “Motions for Summary Judgment in Pennsylvania State Court”
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