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To MOMMY00

Posted by angel_037 (My Page) on
Wed, May 10, 06 at 21:39

Here is laws in Pa. And what tells you info on eviction. Bring it to your landlord.

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TENANT-LANDLORD HANDBOOK
V. The Landlord Evicts the Tenant

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A. WHEN CAN A LANDLORD EVICT A TENANT?
The landlord can evict a tenant for any one of three reasons:

The term (usually one month or one year) for which the property was rented is over;

The tenant is behind in the rent; or

The tenant has breached (broken) some clause of the lease.
The landlord needs no reason to evict a tenant it the landlord gives the tenant proper notice that the landlord wants the property back at the end of the term.

B. WHAT IS THE PROPER EVICTION PROCEDURE?
The Landlord-Tenant Law of 1951 points out the only method for a landlord to evict a tenant. The Landlord-Tenant Law does not apply to people who are buying a home or who live in a hotel or rooming house.

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. Caution: A tenant with a written lease should read the lease carefully to see whether or not he/she has given 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.

Complaint - The form that follows is a Landlord-Tenant Complaint. The landlord files the complaint with the appropriate District Justice's office, and the landlord receives a yellow copy of the Complaint. The pink copy of the Complaint will be served on the tenant by the Constable, who may hand the tenant the Complaint or tape the Complaint to the door of the property. The tenant will also get an orange copy of the same Complaint through the mail. The Complaint says that a hearing will be held at the District Justice's office on a particular day and time. The tenant should tell the District Justice if the tenant intends to come to the hearing and present his/her side of the case. The Complaint always requests possession of the property and may ask for back rent or damages as well. If the landlord is also suing for back rent or damages, see the section Suits for Money. If the tenant has a claim to file against the landlord, this claim, called a "counterclaim", may be filed before the hearing. Both Complaints will then be heard at the same time.


Follow-Up Postings:

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RE: To MOMMY00

"Here is laws in Pa. And what tells you info on eviction. Bring it to your landlord."

Please do not do that, the only thing that will accomplish is to annoy your landlord, making it less likely he'll negotiate a different move date, and also making it less likely he'll give you a good recommendation.

She stated she did not renew her lease last time it was up, so she is now on month to month. Therefore, reason number 1, "The term (usually one month or one year) for which the property was rented is over;" applies in her case.
"The landlord needs no reason to evict a tenant it the landlord gives the tenant proper notice that the landlord wants the property back at the end of the term."

"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),"

The landlord has given her proper notice according to these regs. She legally has to move. If she would like to negotiate more time with the landlord, asking nicely would probably be more likely to be helpful than showing up with laws (that actually support the landlord) and trying to force him to keep her.


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RE: To MOMMY00

Thanks Quirk. As a landlord whenever a tenant tells me the law I get annoyed and want them out. I follow the rules and laws BUT these tenants do raise your eyebrows, and appear to potentially be problems. Most laws in my area protect the landlord and not the tenant.

Whenever a tenant tells me his or her rights are violated or I am not following the laws, I usually am. AND from that date forward I follow them to a T. Late fees, written notice of repairs, move out notice has to be proper. If I need a 45 day written move out notice and I only get a 43, they have to pay for an extra month.

If they have been a good tenant and never brought up the law, 2 weeks is often enough.


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