Can a Landlord evict without formal written notice?

[ykiseve]

I live in Philadelphia, Pa. On January 4th I called JPD Management my leasing office to report that I would be late on my rent this month because I have fraud on my account and the bank was holding my funds until they finished investigation. I also reported that there is wierd sounds in the walls and ceiling to that of an animal or multiple animals leasing office agent Will said he would report this and notate my account. On January 16 I received a call from JPD stating that they had to file eviction for the 16th if I do not pay by that same day. I told them about that I reported that I couldn't pay on the 4th and told them I would pay by the end of the month. I never received any eviction notice. So on the 26th I called to request this document and Will refused to get me a copy said it was put in my mailbox but I had received no notice of eviction or to vacate at all. There are still animals roaming through the walls assumingly squirrels or raccoons. Health havard and saftey havard. The previous tenant left stuff of there's in the apartment and maintenance left it on the porch. Nov 31st i was told by leasing agent Evan g. These items would be removed by the week's end which is almost 2 months ago. Leasing Office have ignored all maintenance issues since start of lease on Nov 31st. Requested my one free extermination never received. I've called and reported serveral issues to get no action or feedback. On the 27th I received court landlord and tenant dispute papers. I never received any notice to vacate which the landlord reported to the court and I never refused to surrender possession of the property because I never received any vacate notice.

 

[adjusterjack]

He was required to give you ten days notice of termination for failure to pay rent. See section 250.501(b):

https://www.thelpa.com/PA_landlord_tenant_act.pdf

You might have a defense to the current eviction but if your court date is after the Feb rent due date you'd better bring Jan and Feb rent to court. Otherwise the LL can just hand you your 10 day written notice and get a continuance or refile the eviction after that 10 day period.

As for all your complaints you have the option of filing a counterclaim based on those issues. I can't see where you have incurred any monetary damages, but you might be able to get a court order compelling the LL to comply with your requests. Just speculating here.

See the ejectment statute:

https://www.pacode.com/secure/data/231/chapter1000/subchapCtoc.html

Understand that you are being sued and a person being sued would always be wise to consult an attorney.

 

[ykiseve]

Is there any kind of penalty for the Landlord not sending notice? I only received the court notice and even in the documents it says that the Landlord stated he sent out a notice to vacate but that was falsified because I only received a call asking why I couldn't pay and that I would be charged court fees as well. No notice to vacate was ever sent out or received

 

[Zigner]

The only "penalty" is that he'll have to start over with the process.

 

[ykiseve]

Is there any kind of penalty for the Landlord not sending notice? I only received the court notice and even in the documents it says that the Landlord stated he sent out a notice to vacate but that was falsified because I only received a call asking why I couldn't pay and that I would be charged court fees as well. No notice to vacate was ever sent out or received

I even called to request a eviction notice after I saw I was charged court fees but still no notice

 

[ykiseve]

Okay so how can I prove to the court no notice was received because I feel like that would rule in there favor the court was provided with the document but not me but I can't prove I never got it I don't think

 

[Zigner]

Okay so how can I prove to the court no notice was received because I feel like that would rule in there favor the court was provided with the document but not me but I can't prove I never got it I don't think

You sure are putting a lot of effort in to a small technicality that isn't likely to gain you much time. Why don't you defend the case on its merits? Alternatively, you could move.

 

[ykiseve]

You obviously didn't read what I wrote. It may be small be I just moved here in December I rather pay what I go and finish my 6 month lease then leave

 

[Zigner]

I read it.

Edit: You mean that you want a 1 month extension for your second month's rent payment?

 

[ykiseve]

Its a problem if my landlord can't comply with the law and send me a proper notice of eviction as stated in PA law. Note I told the landlord it would be late and paid by months end. So a notice should have been sent regardless.

 

[Zigner]

Its a problem if my landlord can't comply with the law and send me a proper notice of eviction as stated in PA law. Note I told the landlord it would be late and paid by months end. So a notice should have been sent regardless.

I'm sorry you don't like the answers. I would suggest that you start making plans to move.

 

[reenzz]

Its a problem if my landlord can't comply with the law and send me a proper notice of eviction as stated in PA law. Note I told the landlord it would be late and paid by months end. So a notice should have been sent regardless.

And how do you plan on proving that you never got the 10 day notice to pay or vacate?

 

[Gail in Georgia]

Look; here's your problem. You don't simply get to contact management and say " I can't pay you until the end of the month" and expect them to simply go along with this. Management doesn't care what your excuse is for not having the rent when due and, unfortunately, neither will a judge.

Your problem is that you cannot prove that you didn't receive a written notice and quite frankly, it doesn't look good that you still waited 10 days after receiving the call on the 16th to contact management asking for written documentation.

If you don't want the request for the eviction to go through your best bet is to show up in court with January rent (and February rent if the hearing is set for February) plus any late fees plus any court costs for filing IN CASH (no checks, etc.) and state that you now wish to avoid the eviction on your credit record by paying all that owe. Then you can (hopefully) continue to reside in the rental unit until your six month lease would normally expire.

Good luck...

Gail

 

[FarmerJ]

As to the pest /animal sounds you heard did you call your city housing inspections desk to tell them about this problem ?

 

[Zipzip]

The few times I have been to an eviction hearing I did send notice. I used delivery confirmation with a tracking number. I have all my papers in hand.

In that particular court none of it really mattered. The county made me wait out the number of required days after notice is sent before they would serve the papers to the tenants informing them of the court date for the eviction hearing. They did this intentionally, and it made no difference that I had already done it.

So... While your state may be different it may not matter that you did not receive notice. And it may make all the difference in your case since that is all you are telling us you have. It is alot to bank on.

As mentioned at the very least have the money ready to pay for your rent, all late fees, and some extra just in case the judge decides you need to reimburse court fees that day also. That is if you want to stay. Your lease will probably not be renewed if your landlord has to mess with an eviction hearing to collect rent.