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Thread: Eviction

  1. #1
    Amy3636 is offline Junior Member
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    Eviction

    What is the name of your state (only U.S. law)? Pennsylvania


    Ok I have a question any help would be nice..... My landlord is trying to evict me and my boyfriend for non payment... Ok the thing is is that we have been paying on the back rent that we owe and he agreed to these payments. Now all of a sudden he wants to kick us out. Now we have had problems with the man who is suppose to be the building management because our landlord lives in florida... The man who is the building manager says that the landlord sent an eviction letter to our local sheiffs office. I know that he has to go to the magistrats office because there is a fee for filing an eviction notice. But since he agreed on the payments can he do this. Also we have no heat in our bedroom and we have a leak in the bathroom we have told the building manager this and he says that we have to fix the problem. That is the landlords responsibility right... It wasnt in the lease about us paying for any repairs..... Please help.
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by Amy3636 View Post
    What is the name of your state (only U.S. law)? Pennsylvania


    Ok I have a question any help would be nice..... My landlord is trying to evict me and my boyfriend for non payment... Ok the thing is is that we have been paying on the back rent that we owe and he agreed to these payments. Now all of a sudden he wants to kick us out. Now we have had problems with the man who is suppose to be the building management because our landlord lives in florida... The man who is the building manager says that the landlord sent an eviction letter to our local sheiffs office. I know that he has to go to the magistrats office because there is a fee for filing an eviction notice. But since he agreed on the payments can he do this. Also we have no heat in our bedroom and we have a leak in the bathroom we have told the building manager this and he says that we have to fix the problem. That is the landlords responsibility right... It wasnt in the lease about us paying for any repairs..... Please help.
    At any point where you are not completely current with your rent, you could be evicted for nonpayment. The LL seems to have made an exception by allowing payments towards the back rent, but unless and until that rent is paid in full and brought totally current, you are still at risk of eviction. Does that agreement happen to be in writing? Does it specifically say that as long as you are continuing to make payment towards the past due amounts that you are safe from eviction? If the answer is no to both, then one might argue that the LL has established a precedent of accepting late rent, but still that's no guarantee of a win in court over the issue.

    As to the issue of the repairs, a LL is responsible for properly maintaining the rental property in a safe and habitable condition. Have you provided written notice to the LL of the need for repairs? What is the problem with no heat (is it a broken furnace, a blocked vent, or something else)? And what kind of leak in the bathroom are we talking about? Do these problems have an adverse effect on habitability? How long have they existed?
  3. #3
    TheFormerTenAnt is offline Junior Member
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    Unless your lease has a clause that says they don't need to notify you according to state laws, there is a Notice to Quit they must give you. The notice to quit must give 15 days notice. They can not file for eviction prior to those 15 days. I'm not sure but if you pay the rent before they might not be able to evict you. And even if they file aviction proceeding and you lose you might have time to pay before you get evicted.
  4. #4
    TheFormerTenAnt is offline Junior Member
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    Yeah you're right about the sheriff. They need to file with the magistrate.
  5. #5
    Searchertwin is offline Senior Member
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    Quote Originally Posted by Amy3636 View Post
    What is the name of your state (only U.S. law)? Pennsylvania


    Ok I have a question any help would be nice..... My landlord is trying to evict me and my boyfriend for non payment... Ok the thing is is that we have been paying on the back rent that we owe and he agreed to these payments. Now all of a sudden he wants to kick us out. Now we have had problems with the man who is suppose to be the building management because our landlord lives in florida... The man who is the building manager says that the landlord sent an eviction letter to our local sheiffs office. I know that he has to go to the magistrats office because there is a fee for filing an eviction notice. But since he agreed on the payments can he do this. Also we have no heat in our bedroom and we have a leak in the bathroom we have told the building manager this and he says that we have to fix the problem. That is the landlords responsibility right... It wasnt in the lease about us paying for any repairs..... Please help.
    Since the LL is seeking eviction, you are yelling repairs. If repairs is due to your neglect, YOU WILL PAY.
    If you did not send notices to have repairs done as stated, "YOU WILL LOSE" and guess who will pay for all damages? YOU
    The LL cannot know if something needs to be fixed, if he is not told.

    Stop finding excuses to stop an eviction.

    Contact the LL in a crr letter stating that there was an agreement of paying back rent and current rent. Than include the repairs will an apologize that you did not inform him sooner or that you did verbally to the management. Indicate that you would still like to live there and can something be worked out. Than wait for a response.

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