tenant want to get paid by not paying!

[not a slumlord]

I live in PA, I've rented a third floor unit with a lease. That expired Dec. 1,2000.August she claims she fell down the steps and fractured her wrist, at which time she owed half of the current rent. I excused her of two month's rent until she returned to work (her Dr.gave her and return to work notice. But her employer didn't have work for her. Therefore,she couldn't collect unemployment)So she decides to sue me.
Nov.2000 she returns to work but doesn't pay the rent. Nov. 20th I issue a notice the her lease was up Dec. 1st and I don't wish to renew it.Now just yesterday the other tenant told me she saw her lawyer taking pictures in the halls and soliciting them for any complaints they have against me.( which they have none)
?Can a lawyer take any photos without my consent? Can I issue a 3-day quit to the tenant for nonpayment of rent for three months? Her lease has ended for two weeks now, can I just change the locks? what can I do to secure the unit from her and what do I do about the litigation?

thank you

 

[HomeGuru]

Hire a real estate attorney. What are you waiting for?

 

[LL]

Don't forget to tell your insurance company.

You do have insurance, don't you?

 

[not a slumlord]

Yes I have insurance so the falling insidence doesn't really concern me as much as just getting the unit surrendered to me.Her rent for Nov. and Dec. alone hasn't been payed, so can I issue a three day notice to quit?
Or being that the lease has ended, I don't have any legal obligations to her, so basicly she's treaspasssing? And I can change the locks, and give her 30days to retreave her belongings? I know others that has done this, I want to be certain it's ligit! And because of the lost income, right now I can't aford an attorny.....can you guys help? thanks!

 

[HomeGuru]

Your situation is not so simple. You are not concerned as much with the accident that your tenant had? Why not? Did you insurance carrier give you written approval that they will cover you 100% no matter who is at fault? Are you positive that you are not at fault? Does your property comply with applicable building codes? Do the stairs have handrailings? And if so, are they safe and properly built? Are the risers and treads of the stairs uniform and of the same dimensions?
These are some of the reasons that you need an attorney. And we are not even talking about the nonpayment of rent and the unlawful detainer issue yet.

 

[not a slumlord]

yes, although the house is still under renovation, everything that had to be replaced of fixed was done so before the unit was rented. The stairs in question were rebuilt to specs and a rott-iron handrail was added. So when I said I wasn't worried, I didn't mean to sound nonchalaunt!
I just spoke to my insurance agent and he advised me to file the claim, the policy states that an attorney will be provided at no cost to me.( something I was trying to avoid) I expressed to him that a suit hasn't been filed, I figured, cause no one has contacted me to such. Is it safe to assume that?
Nevertheless, there is someone who was to rent the unit ASAP, but what can I do to have the unit in my possession?Is the 3 day quit applicable? Or because the lease has ended over 10 days now the unit is in my possession and she is in fact treaspassing? I ask because of a simular situation I've read previously.

 

[Wgoodrich]

Am not an attorney but am a landlord.

You have two subjects that must be approached in a separate manner. First get the renter out, then worry about the liability of the fall.

As I see it you must file eviction in a court. In my state possession is 9 tenths of the law. If you padlock that apartment, then you have just accepted responsibility for its contents. The renter could break in and steal their own stuff and if not caught, sue you for all that was in that apartment and collect from you. The judge probably could not save you. When you padlock that apartment, you just stuck you neck out to get it chopped by the renter.

Check and see if you have a county court, or small claims court. In my state it cost $35 dollars to file eviction, file for damages, and back rent. In my area the hearing is usually scheduled within 2 weeks of filing and if eviction is granted usually 2 weeks to a month is given to the renter to vacate. The above should be your route of action regardless if you have a lease or not. You should be able to get a judgement for back rent, eviction and damages.

Now as for the accident. If you were under construction when this fall occurred you may have trouble ahead. If your building does not meet minimum safety standards you also may have trouble ahead.

Yes, your renter has possession of that apartment and may allow who she likes to enter, take picture, eat lunch, etc. within reason concerning any noise, or subleasing occurances. The pictures being taken couldn't have been stopped even if you were standing there at the time. The renter has control of that apartment whether the rent is paid or not. You must file for legal eviction to get control again of that apartment

Be careful what you do.

Wg