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  1. #1
    Peanut123 is offline Junior Member
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    Eviction/Non-Payment of Rent

    What is the name of your state (only U.S. law)? PA
    I have a tenant who has not paid rent for May yet. It was due on the first with a 5-day grace period. Lease was month-to-month. In April they verbally gave us notice that they would be moving out at the end of May. We called and asked for the rent payment on the 6th and were told he had to "wait for his unemployment check" to come in. This is a lie since PA does not issue UC checks anymore (only either a debit card or direct deposit). We called again on Saturday the 8th and left a message again asking for the rent - did not get a response to the message.

    Non-payment of rent when due automatically terminates the lease. My question is can we post a "3-Day Notice to Pay Rent or Quit & Move Out Of The Premises" notice on the door or hand deliver? (even though they will not answer the door if we knock). Or, do we have to wait 10 days and go thru the process with the magistrate. I called the magistrate's office to ask this question and they wouldn't answer because they are not 'attorneys'.
    Thanks for your help**************......
  2. #2
    swrdmbo is offline Member
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    Post the 3 day notice, and if they don't pay after the three days go ahead and start the eviction proceedings.
  3. #3
    Banned_Princess is offline Senior Member
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    Post the three day notice on the door, make it orange or another bright color, then take a dated picture.

    On day 4, file with the clerk for an eviction hearing.
  4. #4
    Andy0192 is offline Member
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    In Pennsylvania - the process is a little bit more complicated. You need to post a 10 day notice. If the Tenant still does not pay, you need to go visit the Local District Magistrate ( one with jurisdiction in the area where the Apartment is located!) .

    This website has about the most clear step-by step for how the process flows in Pennsylvania.

    [url=http://www.nwls.org/landlord.htm]Landlord/Tenant[/url]

    If the eviction is for nonpayment of rent, the landlord must give 10 days notice.
  5. #5
    Peanut123 is offline Junior Member
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    Thanks Andy for the info - I've been reading the PA laws for the past 4 hours and my eyes are practically fried. I did see the 10 day notice (for non-payment of rent). Now I need to know is when does the 10 days start - from the first of the month when the rent was due, after the five day grace period, or from the date of the notice, i.e., tomorrow?
  6. #6
    Andy0192 is offline Member
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    10 days starts from the day you post notice to pay..... and then once you get to the Tenant/Complaint form - the District Magistrate is going to set your hearing date based on how busy their calendar is.

    It's likely that you won't have a hearing until the tenant is ready to leave on their own. That's the problem with PA ....
    Last edited by Andy0192; 05-10-2010 at 08:33 PM.
  7. #7
    atomizer is offline Senior Member
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    The notice you post on the door is dependent on the agreement you signed with your tenant. If your lease calls for a 3 day notice, then that is when you post your pay or quit.

    Google PA evictions and know your rights. In the future, you might want to consider having your tenants sign a waiver of notice along with their rental agreement.
  8. #8
    atomizer is offline Senior Member
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    B. WHAT IS THE PROPER EVICTION PROCEDURE?
    The Landlord-Tenant Law of 1951 points out the only method for a landlord to evict a tenant. The Landlord-Tenant Law does not apply to people who are buying a home or who live in a hotel or rooming house.
    1.The Eviction Notice - The landlord must give the tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to leave. Caution: A tenant with a written lease should read the lease carefully to see whether or not he/she has given up the right to receive this eviction notice. The eviction notice must be personally delivered to the tenant or posted on the dwelling. An eviction notice, sent by mail is probably not enforceable. A written lease may state how many days notice must be given by the landlord before the landlord can evict. It the lease does not state how much notice is required, the general rule is as follows: If the term has ended, or it the landlord claims the tenant has breached the lease, the landlord must give the tenant thirty (30) days notice if the lease is for less than one year (this is usually month-to-month), and ninety (90) days notice if the lease is one year or more. If the tenant is behind in the rent and has an oral lease with the landlord, the landlord needs to give only fifteen (15) days notice between April 1st and September 1st, but thirty (30) days notice between September 1st and April 1st. It the tenant is not out of the property by the end of the eviction notice, the landlord must follow the procedure through the District Justice's office as set forth in paragraphs 2, 3 and 4 below.
    2.Complaint - The form that follows is a Landlord-Tenant Complaint. The landlord files the complaint with the appropriate District Justice's office, and the landlord receives a yellow copy of the Complaint. The pink copy of the Complaint will be served on the tenant by the Constable, who may hand the tenant the Complaint or tape the Complaint to the door of the property. The tenant will also get an orange copy of the same Complaint through the mail. The Complaint says that a hearing will be held at the District Justice's office on a particular day and time. The tenant should tell the District Justice if the tenant intends to come to the hearing and present his/her side of the case. The Complaint always requests possession of the property and may ask for back rent or damages as well. If the landlord is also suing for back rent or damages, see the section Suits for Money. If the tenant has a claim to file against the landlord, this claim, called a "counterclaim", may be filed before the hearing. Both Complaints will then be heard at the same time.
    [url=http://www.tenant.net/Other_Areas/Penn/harris/pa-part5.html]TENANT-LANDLORD HANDBOOK[/url]
  9. #9
    Peanut123 is offline Junior Member
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    It's a shame that PA law seems outdated (1951 !!). Can someone please give me the correct terminology I would use to add the clause for the waiver to the lease I'm currently using. Then I can have it for future tenants.
    Thanks again.
  10. #10
    Peanut123 is offline Junior Member
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    UPDATE:
    Got a call from the renter today - he left a message saying I could pick up the rent check today. He leaves it outside in a sealed envelope inside a plastic bag underneath a yard ornament. When I opened the envelope, it was dated 5/1/10 INSTEAD OF 5/12/10. I mentioned in my first post that there is a $20.00/day late charge due if not paid in 5 days. He did not include any late charges. I wrote a note on the envelope and informed him that I was not accepting the check because a) incorrect date and b) incorrect amount. (I then went and made a copy of the check and the note and returned the envelope to it's original resting place.) When I got home I called him and left a message for him to call me. So now my question is, did I do the right thing? My problem was that if I accepted the check with the incorrect date/amount, it would look like it was not late and may come back to bite me if I need to have him formally evicted in the near future for not paying his rent on time. I would be willing to accept payment if the correct date is on the check and he agrees in writing to have these late charges taken from his security deposit.
    Comments, please****************************.
  11. #11
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by Peanut123 View Post
    UPDATE:
    Got a call from the renter today - he left a message saying I could pick up the rent check today. He leaves it outside in a sealed envelope inside a plastic bag underneath a yard ornament. When I opened the envelope, it was dated 5/1/10 INSTEAD OF 5/12/10. I mentioned in my first post that there is a $20.00/day late charge due if not paid in 5 days. He did not include any late charges. I wrote a note on the envelope and informed him that I was not accepting the check because a) incorrect date and b) incorrect amount. (I then went and made a copy of the check and the note and returned the envelope to it's original resting place.) When I got home I called him and left a message for him to call me. So now my question is, did I do the right thing? My problem was that if I accepted the check with the incorrect date/amount, it would look like it was not late and may come back to bite me if I need to have him formally evicted in the near future for not paying his rent on time. I would be willing to accept payment if the correct date is on the check and he agrees in writing to have these late charges taken from his security deposit.
    Comments, please****************************.
    Yes. it was the right thing to do. you don't have to accept a check that is incomplete.

    Send him a letter explaining why you are not accepting the check dated wrong, and for the wrong amount.
  12. #12
    atomizer is offline Senior Member
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    Do nothing else and file for eviction after the 3 day notice has expired. There is no update to the PA landlord tenant act. For a Liberal state it is quite landlord friendly. You just have to learn the ins and outs of your state law. I don't know what kind of lease you have, the website thelpa.com has a pretty go lease for PA.

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