+ Reply to Thread
Results 1 to 9 of 9
  1. #1
    dzwei Guest

    Question Eviction in Pennsylvania

    I am a landlord in PA. My tenant and I had yearly leases for the last two years and the last time it was up for renewal - I decided that I wanted a "month - to - month" lease so that is what we agreed upon orally. NO PETS has always been a provision of my lease. I recently discovered from a neighbor, that my tenant obtained a pit-bull puppy and is housing it at the rental property. He never discussed this with me (probably because he knew that I would not authorize it - it is, of course, a question of liability - and it is a liability that I will not assume!). I have given him until the end of February to rid the dog from the premises ( I told him verbally and I followed up with a certified letter re-iterating that the dog must go!) If on March 1st, I discover the dog is still on the premises - I plan to begin eviction proceedings. In the state of PA - must I give 30 days notice or 15 days notice to vacate? and do I hand deliver the eviction notice and have him sign that he received it - or do i send it through certified mail? Once he receives the eviction notice and does not abide by the time to be out of the rental property - what do I do next?
  2. #2
    FarmerJ is online now Senior Member
    Join Date
    Apr 2002
    Location
    snowland
    Posts
    11,080
    Are you 100 % sure the old written lease converted to month to month ? RE read it . Oral agreements are at best extremely hard to prove . If your lease with the tenant was worded that the lease didnt auto renew for a whole yr then you should be able to give notice according to your state law for them to vacate . IF that lease auto renewed for a whole yr then you need to deal with it as a breach of lease and take what ever steps you need to prove Breach and pursue it that way . Why do it that way because your tenant could claim the lease is valid for another yr so a out right eviction would not work . with out first treating it as a breach of lease .
    Last edited by FarmerJ; 02-09-2003 at 04:55 PM.
  3. #3
    dzwei Guest
    Thank you FarmerJ for responding!

    The lease that expired on July 31st, 2002 was a "fixed term lease" - it has NO provision in it for an auto renewal of the lease. Do you know what the law is in PA regarding whether it automatically turns into a "month-to-month" lease? Also, can you address my concern about "hand delivering" an eviction notice as opposed to sending it through the mail certified...what is required by law with regard to presenting a tenant with an eviction notice? and then, once he has the eviction notice and say he does not abide by the date set forth in it by which he must vacate.....what is the next thing that I must do according to PA law to insure that he gets out?
  4. #4
    zappy Guest
    If you still discover the dog or dog smell, or anything realting to a dog...DO NOT accept the rent, and immediatly file for evcition.

    If you accept the rent then you have to give a 30 day notice to vacate.
  5. #5
    dzwei Guest
    Thank you Zappy for your comments.

    My tenant has paid February 2003 rent (I have given him, in writing, until February 28th to get rid of the dog) and when I go to the dwelling on March 1st to inspect if the dog is gone - I already have from him his last month's rent which I collect upfront when a renter moves in (I require 1st and last month's rent and a month's security deposit upon the initial signing of a lease).....so can I give him 15 or 30 days notice to vacate at that time if he has not complied with my demand to get rid of the dog (which time element is required in the state of PA for eviction? - does anyone out there know?
  6. #6
    zappy Guest
    BAD move on your part to collect last months rent ahead of time, Now the tenant can use it for March's rent and still keep the dog. You need to give a 60 day notice to vacate if you have last months rent.

    Then On April 1st, he would have to move out.

    If you REALLY want the tenant out march 1st I would suggest you GIVE back the last months rent today, and get a tenant to sign a statement that the lease will end and you expect them to vacate by March 1st. You still have the deposit you can deduct for any damages, but NOT lost rent.

    Getting the last months rent is usually not a good idea.

    You should have NOT collected Feb. rent!
  7. #7
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    Ignore Crappy. He is a forum troll who flaunts his ignorance by posting his drivel.

    What you are claiming is that you want the tenant out for breach of the lease provisions. In PA, it doesn't matter if this is a month-to-month, or a longer term. The key is that the tenant has been in residence for more than one year. As such, Unconditional Quit Terminations are covered under Pa. Stat. Ann. tit. 68, 250.501, 250.505-A; Violations of the terms of the lease.
    * 15 days for lease of 1 year or less but lease may specify shorter time.
    * 30 days for lease of more than 1 year but lease may specify shorter time. Nonpayment of rent only.
    * 10 days, any tenancy; First conviction for illegal sale, manufacture or distribution of an illegal drug; or a repeated use of an illegal drug; or the seizure by law enforcement of an illegal drug within the leased premises.

    Here is a link to the applicable PA statues:
    [url]http://members.aol.com/StatutesPA/68PA250.501.html[/url]
  8. #8
    leeleeblue is offline Member
    Join Date
    May 2006
    Posts
    40
    I know this is an old thread, but I foudn this on another website:



    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. NOTE: A written lease may provide for giving 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.
    Which one is correct? My sister in law is having this problem now that she was not notified in writing when to leave the premises and the LL went to court this morning.
  9. #9
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    Quote Originally Posted by leeleeblue View Post
    I know this is an old thread
    You're right... it is an old thread.... and your posting to it with your question is STILL hijacking it.
    Start your own thread.

Similar Threads

  1. Eviction Notice Pennsylvania
    By PhillyMike in forum Landlord / Tenant Issues
    Replies: 10
    Last Post: 11-28-2010, 06:22 PM
  2. Eviction :( This is long but please read Pennsylvania
    By babybluz75 in forum Landlord / Tenant Issues
    Replies: 12
    Last Post: 05-07-2007, 08:18 PM
  3. Eviction Process - Pennsylvania
    By hagens in forum Landlord / Tenant Issues
    Replies: 0
    Last Post: 03-14-2005, 03:03 PM
  4. Pennsylvania Eviction
    By mommy569 in forum Landlord / Tenant Issues
    Replies: 5
    Last Post: 06-25-2001, 10:11 PM
  5. Eviction in Pennsylvania
    By bkox in forum Landlord / Tenant Issues
    Replies: 2
    Last Post: 06-20-2001, 09:00 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.