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Judge rules father-son landlords violated state laws with rental agreements in Fayette, Greene

AG sued Greensboro men over leases and ‘rent-to-own’ contracts

By Mike Jones 4 min read
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A father and son who own dozens of rental properties in Fayette and Greene counties violated state laws with their “rent-to-own” contracts and apartment leases, a judge ruled last week, although they are not yet being required to refund any tenants.

Fayette County Judge Linda Cordaro determined that Joseph F. John and Joseph F. John II charged higher than usual interest rates, required cash payments to be hand delivered by tenants to their Greensboro home and were not completely forthcoming with material defects in some of the houses they were selling.

The state attorney general’s office sued the Johns in Fayette County Court of Common Pleas in September 2023, alleging the landlords rented out uninhabitable homes without disclosing issues to tenants, with some residences missing pipes and appliances, having leaky roofs and windows, insect infestations or malfunctioning plumbing. In addition, tenants were required to bring their rent payments to the home where the father and son lived, and were charged “exorbitant” late fees.

While Cordaro’s order on March 17 does not require refunds to tenants, she did offer various findings on the case with the apparent hope that the Johns and attorney general ultimately could come to an agreement or settlement. If not, the case will likely go to trial.

“The intent of this Opinion and Order is to issue certain general conclusions of law on key issues to guide the parties in the hopes that further negotiations may lead to a global settlement of all issues,” Cordaro wrote in her filing.

According to Cordaro’s findings, tenants living in the more than 50 properties across Fayette and Greene counties were required to come to Greensboro to pay their rent in person since payments sent through the mail were not accepted by the Johns. Renters were asked to call ahead to see if the father and son were home or slide the rent check under the garage door, with no proof that they paid on time. The renters were then charged a $25 fee plus $5 per day if they fell behind, the judge found.

While the contract was clear in its language about the process and not hidden from the tenants, Cordaro called the restrictions on how to pay the rent “unconscionable” and against state laws. She added that the situation “constitutes fraudulent or deceptive conduct that creates a likelihood of confusion or misunderstanding” under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.

“These facts favor the Johns to an extreme, shifting a significant burden onto the tenants in making their monthly payments under the circumstances that may be outside the tenant’s control, and reflecting a clear imbalance of bargaining power,” Cordaro wrote in her opinion.

In addition, Cordaro found that the Johns charged higher interest rates for their rent-to-buy plans than allowed by the state’s Loan Interest and Protection Law. The judge also said a decision on whether the Johns failed to comply with the state’s Real Estate Seller Disclosure Act by not being transparent with material defects with a property would have to be reviewed on a case-by-case basis.

Cordaro denied a blanket request by the state attorney general’s office requiring the Johns to immediately modify their rental contracts and refund overpayments, calling it premature since the defendants can still provide evidence in their defense. A phone message left for the Johns was not immediately returned Monday, and it was unclear whether they had an attorney representing them in the lawsuit.

State Attorney General David Sunday called the findings a victory for the tenants while acknowledging Cordaro’s order does not resolve the case.

“Every Pennsylvanian has the right to expect secure, comfortable housing and fair treatment from their landlords, and this case is about preserving those rights,” Sunday said in a written statement. “We are encouraging tenants of these landlords to reach out to our office, so we can explore potential avenues for relief.”

Any past or present tenants affected by the situation are asked to contact the attorney general’s office to file a complaint either online at www.attorneygeneral.gov or by calling the Bureau of Consumer Protection at 800-441-2555.

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