Verbal garage rent in PA

[a_engelman]

A man I have been renting a garage out to hasnot paid rent for 6 months now. I have tried to contact him and he just ignores me. What can I legally do about this?

 

[tranquility]

You're going to have to evict him. I believe it should be a commercial eviction rather than a residential one. Too bad you did not have a written lease as PA is very favorable to landlords with leases that have some specific clauses.

 

[FarmerJ]

with it being a garage then residential landlord tenant law does not apply so Id say to send him a certified letter telling him if he doesn't get his things out in 30 days that you will treat them as abandoned and dispose of them (keep a copy of letter for your records stapled to your postal receipt) ( and do it if he doesn't get his crap out of there ) if he tries to refuse to get his mail and it comes back to you as refused/ declined/ not picked up ? how ever the post office marks it , you must leave that letter sealed in its original envelope so that way if there is a stink made in court you are able to offer to the court that you sent notice to him, the court would see that he ignored getting his mail and the court isn't likely to reward him for ignoring getting the mail.

 

[a_engelman]

Thanks everyone for the help! One more thing, he would still be responsible for the owed rent yet right?

 

[Zigner]

with it being a garage then residential landlord tenant law does not apply so Id say to send him a certified letter ...

One other thing - you should send a copy via 1st class mail at the same time.

 

[Zigner]

Thanks everyone for the help! One more thing, he would still be responsible for the owed rent yet right?

Yes, but you need to figure out if it's worth it to pursue.

 

[tranquility]

with it being a garage then residential landlord tenant law does not apply so Id say to send him a certified letter telling him if he doesn't get his things out in 30 days that you will treat them as abandoned and dispose of them (keep a copy of letter for your records stapled to your postal receipt) ( and do it if he doesn't get his crap out of there ) if he tries to refuse to get his mail and it comes back to you as refused/ declined/ not picked up ? how ever the post office marks it , you must leave that letter sealed in its original envelope so that way if there is a stink made in court you are able to offer to the court that you sent notice to him, the court would see that he ignored getting his mail and the court isn't likely to reward him for ignoring getting the mail.

While the court is unlikely to "reward" a tenant who ignores a communication from his landlord, it is also unlikely to reward a landlord who does not follow proper procedure in regards to notice. Why reinvent the wheel? The OP should follow the statute(s) if he understands them. If not, he should hire an attorney.

 

[Zigner]

While the court is unlikely to "reward" a tenant who ignores a communication from his landlord, it is also unlikely to reward a landlord who does not follow proper procedure in regards to notice. Why reinvent the wheel? The OP should follow the statute(s) if he understands them. If not, he should hire an attorney.

What specific statute(s) relating to a commercial tenancy are you referring to? (Not meant as snarky)

 

[tranquility]

what specific statute(s) relating to a commercial tenancy are you referring to? (not meant as snarky)

68 p.s. §250.501 et seq.

Edit on technicality of the problem:
http://www.foxrothschild.com/publications/landlords-beware-when-terminating-and-evicting-commercial-tenants/

 

[Zigner]

68 p.s. §250.501 et seq.

Edit on technicality of the problem:
http://www.foxrothschild.com/publications/landlords-beware-when-terminating-and-evicting-commercial-tenants/

Thanks for clarifying

 

[FarmerJ]

A_Engleman does your garage tenant have a written lease ? Has your garage tenant filed for a bankruptcy that says what he owes you had been included in a bankruptcy filing ? If you did not get a notice that the garage tenant has filed BK and DONT ask for any money but make it all about regaining control of the space you own - tenant getting his things out then there is nothing wrong with telling this garage tenant via written notice that they have to get their things out of it. If you did get a notice of a BK filing by the garage tenant you cant ask for money, and a BK court cannot make you keep letting a garage tenant tie up your space when you aren't making it about money! and if you do one notice via certified mail and a second notice make the second notice confirmed mail delivery instead of regular mail because someone could still claim they had not gotten a regular mail item but the courts are not likely to allow a claim of improper notice when two methods that give you receipts are offered.

 

[STEPHAN]

A_Engleman does your garage tenant have a written lease ?

The subject of this thread is

Verbal garage rent in PA

 

[tranquility]

if you do one notice via certified mail and a second notice make the second notice confirmed mail delivery instead of regular mail because someone could still claim they had not gotten a regular mail item but the courts are not likely to allow a claim of improper notice when two methods that give you receipts are offered.

I think the OP should start the eviction process the proper way rather than by some made up baloney that might be relevant in another state. Something like:

(f)
The notice provided for in this section may be served personally on the tenant, or by leaving the same at the principal building upon the premises, or by posting the same conspicuously on the leased premises.

Nolo describes it as:

1. The landlord, or someone 18 years or older, can personally give the notice to the tenant.

2. The landlord can post the notice at the building the tenant is renting (for example, the landlord can tape the notice to the tenant’s apartment door).

3. The landlord can post the notice in a spot the tenant will be sure to see it on the leased premises, such as in a common area of an apartment complex or on the front gate of a house.

If the notice is not given directly to the tenant, it is very important that the notice be left in a place where the tenant will see it. The notice cannot be hidden or placed in an object (such as a mailbox). It must be posted in a conspicuous place.

If the landlord does not serve the notice properly, then the landlord must create a new notice and start the process over. The ten days' notice will not be in effect until the landlord serves the tenant in one of the three ways listed above.

Until the properly prepared notice is given in the manner above, the clock that must run before filing a complaint to obtain possession does not start ticking.