please help!!

[ldmaster1]

I have a 2 1/2 year rent to own lease with my landlord in pa. At the time of the lease signing, my landlors initiated a verbal agreement as to payment of rent. He stated he was not concerned with the rent being on time and he waived all late fees that any late payment would incur. He also asked us when the best time for us to pay the rent would be. We said usually on the third (when it is due) or a friday soon thereafter (paydays).He had one witness to the conversation, I had two.

Our lease continued for 7 months without a problem. Rent was paid late sometimes, but landlord did not have a problem as per our verbal agreement. In March 2001, his father served an eviction notice for non payment of rent, 9bc it was late) and threatened to have the sheriff evict us. Our landlord never had a problem with a lte payment before. We paid the rent in less than 7 days (eviction notice was for 15 days). Also, our lease does not state eviction procedures. A few days after we paid the rent, the ll's father called and stated we still had to vacate the home, even so rent was paid.

We contacted a free lawyer, ad he stated we did not have to leave. The LL then sent a letter stating that his father never threatened us, and also that he would continue the lease, but only if we got a notarized letter saying we would pay the rent on time and in full every month.

Can he request this letter? I would believe it would be reneging on our verbal agreement.

Also can he give us only a 15 day notice in winter in pa?
I read in the landlord tenant handbook that because our lease is for 2 1/2 years, he must give 90 days. Also it stated that non payment of rent eviction can be stopped as long as the rent is paid before the court hearing. Is this true?

I've also heard that landlord can refuse rent payment as so that they can continue with their eviction, true or false?

I am concerned because I have a 18 month old daughter and no fmily on this side of the country. I have no where to go if i get evicted.

 

[LL]

I can't really answer your questions, because I don't know anything about PA law, but I will make a few comments:

1. Don't expect anything from this "verbal agreement". Not only do you have to prove that it existed and what the erms were, exactly, but it is probably superseded by the written agreement. If you had an agreement that it could be late, then why did you sign another agreement, agreeing to pay on the 3rd, and agreeing to a late fee?

2. I don't know about PA procedure.

3. Be very careful about listening to advice from a lawyer. For one thing, free lawyers are generally lawyers who cannot find cases by themselves. Often, they are not specialists in evictions, and they think they can just offer anything that is reasonable and bluster their way through. Also, maybe they are hungry for the case and the fee.

4. I don't suggest that you pay a lot of attention to a handbook. Here in California, the state handbook is riddled with ultra-liberal interpretations masquerading as the law, and even the judges know that it is not the law. Get your advice from the law, not a book about the law.

5. The landlord evidently wants reassurance about the matter of late payment being settled, and that he can depend that the rent will be paid in full, on time, every month. he probably doesn't need ths letter, because I don't think that you can really enforce this "verbal agreement". If you did, a judge would allow it only once, and you could never use that again. Why not give it to him?

6. There may be other reasons that may block this eviction, but I don't know about PA law.