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Posts in Real Estate
The Steps for Residential Property Tax Appeals

The Montgomery County Board of Assessment Appeals explains the appeals process and the steps to residential property tax appeals. According to the Board of Assessments, appeals have to be filed by August first preceding the year in which the taxes are being appealed. If there is a change in assessment, an interim appeal can be filed within 40 days from the notice of the assessment change.  Appeals have to be either postmarked or hand-delivered on or before the deadline, and will not be accepted via fax.

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Real EstateScott Rothman
Can You Qualify for Low Income Housing Tax Credits?

The Department of Housing and Urban Development (HUD) states: "The Low-Income Housing Tax Credit (LIHTC) is the most important resource for creating affordable housing in the United States today." This program benefits not just to people looking for low income housing, but also developers. If you qualify for these credits, it can also be an important source of financial savings that makes a development significantly more affordable for you to construct.

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Real EstateScott Rothman
When Can Your Landlord Evict You?

Both landlords and renters need to know Pennsylvania landlord tenant law because these laws impose both rights and obligations. The laws mandate that landlords meet basic minimum standards in terms of providing a safe place for renters and in terms of providing renters with notice when they need to leave. Tenants are also required to fulfill certain obligations, including paying rent on time to landlords. 

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Real EstateScott Rothman
Are Residential Property Tax Appeals Successful?

Appealing property taxes can allow for significant savings, but it can be a difficult process. Residential property tax appeals are often successful; however, they are a success only for people who know what is required of them and who put together a strong case to show why the value of their home should be reduced.

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Real EstateScott Rothman
Can You Be Evicted For Breaking Lease Terms?

A tenant may be evicted for failing to pay rent as required by the lease the tenant has entered into. A lease may contain a grace period after which rent is considered to be late. A landlord has to abide by the grace period and rules set forth in the lease for rent collection.  Tenants may also be evicted if they violate other terms of the lease, aside from requirements on rent.

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Real EstateScott Rothman
Key Steps in Securing Site Plan Approval

For subdivision development and many other development projects, developers must submit comprehensive site plans to the Montgomery County Planning Commission.  Your site plan needs to provide sufficient detail to demonstrate that you have taken zoning and land use requirements into account. Depending upon the size and scope of the project, you may also need to demonstrate the environmental impact of any project you are undertaking.  There are fees associated with submitting a subdivision or land development plan for review, and applications may also need to be submitted to local municipal authorities in addition to the Planning Commission.

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Real EstateScott Rothman
What Are the Requirements of a 1031 Exchange?

1031 exchanges get their name from the section of the tax code which provides a tax break. As the Internal Revenue Service explains, capital gains taxes are usually required on the profits when a business or investment property is sold. However, Internal Revenue Code section 1031 creates an exception. Under this exception, you can defer tax on the gain if you reinvest the proceeds from the sale in a similar property investment.

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Real EstateScott Rothman
Top Mistakes Tenants Make

Tenants have legal rights when they rent property. If you are renting residential or commercial space, you need to know how the law protects you. It is also important to understand what your obligations are as a tenant so you don't find yourself facing eviction or other problems. Unfortunately, if you don't learn about Pennsylvania real estate laws or know how the laws and their lease you, mistakes can happen.

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Real EstateScott Rothman
Why a Real Estate Attorney Should Review Your Lease

When you enter into a commercial lease as either a landlord or a tenant, the lease often lasts for a term of a year or more. There may be substantial amounts of money at stake. The terms of the lease can affect whether the building rental is profitable for you as a landlord and can affect whether or not the space actually works for your business interests as a renter.

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Real EstateScott Rothman
Top Mistakes New Landlords Make

Being a landlord can be rewarding and lucrative, as long as you do not make mistakes which end up costing you. Some of the common mistakes made by new landlords include not understanding anti-discrimination requirements, not conducting background checks before renting to tenants, failing to ensure a lease protects their interests, not understanding rules for eviction, and not understanding bankruptcy rules.

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Real EstateScott Rothman
Key Facts About Environmental Review Requirements

There are different types of environmental review requirements which are in place within the state of Pennsylvania. You need to know what the environmental review requirements are in your location and for your particular type of development project or business endeavor. The best way to understand the environmental review requirements applicable to you is to speak with a land use development attorney.

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Real EstateScott Rothman
Is a 1031 Exchange a Smart Choice for Real Estate Investing?

A 1031 exchange, or like-kind exchange as it is also called, can make it possible for you to defer capital gains taxes on profits from selling a business property or an investment property. The Internal Revenue Service provides extensive details on the rules of a 1031 exchange, which you must be aware of if you are considering selling a property and hoping to do a 1031 exchange to avoid paying capital gains taxes.

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When do Landlords Have to Give Back Security Deposits?

According to the Pennsylvania Attorney General, "a security deposit is money which actually belongs to the tenant, but is held by the landlord for protection against damages or unpaid rent."  Landlords are required to give back security deposits as long as a tenant has not caused undue damage to a property. Normal wear and tear on an apartment is not cause for keeping a security deposit, and landlords will need to return the money that is owed to a tenant if a tenant has not caused substantial damage to the property in question.

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Real EstateScott Rothman
Due Diligence Checklist for Commercial Real Estate Developers

When buying land for commercial real estate development, it is your responsibility to do your due diligence to make sure that the land is going to be a viable place for your proposed development project. While the sellers of land must make certain disclosures to you, the doctrine of caveat emptor, or buyer beware, also applies in the field of commercial real estate. This means it is up to you to do the research that you need into all aspects of the land purchase so you can make wise investments.

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Real EstateScott Rothman
What if a Tenant Challenges Eviction?

If a tenant contests an eviction, you will need to go to court in order to get an order of eviction for the tenant who you want to force to leave your rental property. In many cases, tenants will not contest the eviction and the court will simply grant the order of eviction. When this happens, your only challenge will be to enforce that order.  In other circumstances, however, the tenant might challenge the legality of the eviction and you will need to prove you have justification for evicting the tenant.

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