Fresh Start Law, PLLC

11/24/2025

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07/12/2025

Tenant's Rights:

Did you know that pursuant to PA law, if you are a tenant and you are sued by your landlord and you want to raise a counterclaim you MUST file a counterclaim at the MDJ office and serve it on the landlord? There is no filing fee.

Often tenants will argue that a landlord violated the "implied warranty of habitability" in defense to an eviction, claiming that the rental unit was damaged in some way (no heat, for example) such that rent was not due.

The implied warranty of habitability is both a DEFENSE and a COUNTER-CLAIM and depending on how you are raising and it - and which MDJ you are in front of because some have a stricter interpretation of the rule - the MDJ may require you to file a counter-claim to raise that defense. ***If you get to the hearing and you have not filed the counter-claim it is too late.*** You can still raise it on appeal, but you may be required to post a bond to appeal.

So the bottom line is - if you think you have a defense to an eviction where you are asking that the landlord given you money or damages - it is better to raise it as a counterclaim than take your chances that the MDJ will let you argue it at the hearing without having done so.

NOTE: Implied warranty of habitability cases have strict requirements - such as providing notice and putting the money aside if you are withholding rent. Be sure to speak with an attorney if you think you have an implied warranty of habitability claim.

Here is the rule on counterlcaims:

Rule 508. Claim by Tenant.
A. At any time before the hearing, the tenant may file a cross-complaint on the form prescribed for civil complaints, asserting any claim against the landlord that arises out of the occupancy of the premises and that is within the jurisdiction of the magisterial district judge.
B. If the tenant files such a cross-complaint, the magisterial district judge shall set a time and date for the hearing of both complaints together, which shall not be less than seven or more than fifteen days from the filing of the tenant’s complaint.
C. The tenant’s cross-complaint shall be served on the landlord at least five days before the hearing. At the option of the tenant, the magisterial district judge shall serve the cross-complaint by mailing a copy of it to the landlord. If the tenant does not request service by mail, the magisterial district judge shall deliver a copy of the cross-complaint for service to the sheriff of, or any certified constable in, the county in which the office of the magisterial district judge is located. If this service is not available to the magisterial district judge, service may be made by any certified constable of the Commonwealth. The officer receiving the copy shall serve it by handing it to the landlord or to an adult person in charge for the time being of the landlord’s residence or usual place of business.

246 Pa. Code Part I, Ch 500, Rule 508

At Fresh Start Law, we represent ONLY tenants in landlord/tenant actions. We do NOT represent landlords.

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02/11/2025

As lawyers, we have sworn to uphold the Constitution and follow the rule of law. Yes, there are times when civil disobedience is appropriate, but what the current administration is doing is not civil disobedience. It is willfully refusing to follow the Constitution and threatening that it won’t follow the decisions made by judges or the laws enacted by Congress.

We have three co-equal branches of government, and if one branch goes rogue, we risk losing our democracy.

America is not a monarchy; we fought a whole war about that.

This editorial by the American Bar Association sums it up quite well: https://www.americanbar.org/news/abanews/aba-news-archives/2025/02/aba-supports-the-rule-of-law.

It has been three weeks since Inauguration Day. Most Americans recognize that newly elected leaders bring change. That is expected. But most Americans also expect that changes will take place in accordance with the rule of law and in an orderly manne

01/17/2024

08/20/2023

Thank you to all the folks who reached out about the job opening. The position has been filled.

If you are still interested in legal admin work you should send a resume and cover letter to the york county bar association. They hold them for lawyers to look through when they are looking to hire.

04/18/2023

Congratulations to Suzanne Smith, Esquire of Fresh Start Law, PLLC for winning the Jane Alexander award - given to women attorneys who support and encourage women in the legal profession.

12/08/2022

Are student loans now dischargeable in bankruptcy? Read below to learn more about these changes.

10/16/2022

Congratulations to Suzanne Smith, Esquire who just won a very complex felony jury trial. Our client was acquitted on all charges! Nice work Suzanne!

09/07/2022

FRESH START PROGRAM FOR COURT COSTS AND FINES IN YORK COUNTY.

Please share this link on your page if you think it can reach someone who will benefit from this program.

06/20/2022

What's the difference between a power of attorney, living will, and will? Here is some basic info:

Power of Attorney: allows someone else to act on your behalf - can be limited to just one transaction (like selling a house) or can give that person the power to do anything and everything just like you could. "Durable" POAs survive incapacity - but you can't sign one if you are already incapacitated. Once you pass away, a POA isn't effective anymore (although if someone relies on it not knowing you are dead that transaction is likely still OK). If you become incapacitated, an incapacity petition has to be filed and that's expensive and time consuming. A POA is fast and inexpensive.

Heath Care POA: allows someone to make health care decisions for you.

Living Will: If you are on life support, a living will lets your loved ones know what you want and there is an option in PA to give someone the power to override your stated desires.

Will: After you die, this decides who will be in charge of taking care of your estate and you will get property that passes through your estate. Not all property passes through your estate. If you die without a will - intestate - your belongings pass according to the intestacy laws in PA - which might be what you want - or it might not be.

It's a good idea to have all three of these documents - and they don't have to be expensive. A living will and health care directive can be created for free - there is a form online that I will post in the comments created by the Alleghany bar association.