Attorney Marc A. Scaringi represented the landlords in what should have been a straightforward appeal by the tenants of Magisterial District Judge’s Order granting the landlord possession of the leased premises and damages for unjust detention. The tenants have no case because they are wrongful holdovers after the expiration of the lease term, but they did and are executing their right to appeal the MDJ Order. However, the tenants in addition to filing an appeal to the Schuylkill County Court of Common Pleas also filed an Emergency Motion for Injunctive Relief in which they asserted that they are disabled, and their lives are in danger because of alleged defects in the leased premises and alleged violations of various building and fire codes. The tenants requested that the Court order immediate repairs and that the tenants be permitted to maintain possession during that time. On top of that the tenants filed a $750,000.00 premises liability and personal injury lawsuit against the landlords for alleged injuries sustained on the leased premises.
The landlords retained Attorney Scaringi who appeared at the hearing scheduled on the Emergency Motion for Injunctive Relief. Attorney Scaringi advocated on behalf of the landlords, explained how none of the allegations were true, and successfully obtained a dismissal of the Emergency Motion for Injunctive Relief. The tenants, however, are still wrongfully occupying the leased premises and it will take some additional time to lawfully remove them, but they will be lawfully removed. The tenants are on disability and allegedly are having trouble finding a new residence. So, they have fabricated all kinds of claims against their landlord to try to stay in the landlord’s property as long as they can. Although the landlords could sue the tenants for their frivolous legal filings, the tenants have no assets to attach and are thus judgment proof. The landlords are, regrettably, having to pay their attorney to respond to multiple frivolous legal filings by their tenants, and will not be able to recover their attorney’s fees.
The landlords are so disgusted by the rental process, they now wish to sell the property.