19-0043128 Urgent Need
Client, who is disabled, seeks assistance with a landlord/tenant matter. The eviction complaint seeks possession based on breach of lease (smoking in common areas, displaying disturbing and harassing behavior, disturbing the peaceful enjoyment of other residents, and failing to keep the property in safe and sanitary condition); plus attorney’s fees and court costs. Client currently lives in the property with an informal in-home health care provider and client has reached out to Philadelphia Corporation for the Aging for help with a waiver for the live-in provider. Client was also living with a family member who suffered from alcohol addiction. Within a week of receiving notice to quit in December 2018, client had the family member move out, and sent a letter to the landlord explaining that the family member was solely responsible for all alleged breaches aside from failure to keep the property in safe and sanitary condition. Client does not know on what basis landlord claims client keeps the property in poor condition, especially since client’s impairment requires the floors remain uncluttered. Defenses include rental license that expired on February 28, 2019; pictures of property in clean condition; and client’s neighbor who can testify that the family member who moved out was the sole cause of almost all alleged breaches. Client’s goal is to stay in the property. Opposing counsel is Robert J. Willwerth, Esq. The hearing is on March 29, 2019, at 8:45 am in Courtroom 3.