State Specific Question About: PENNSYLVANIA (PA)

Any suggestions on handling any aspect of this situation -

a. Contrary to our Rental Agreement tenant emails tells me "use the security deposit as our last months rent."

b. He has now not paid May's rent and given notice he will vacate by June 1st but refused to give a forwarding address and I am concerned about what damage he could do and what he could take away - washer, dryer, stove and refrigerator - with him

c. Also, our Rental Agreement states that he must allow us entry to show prospective new tenants - which we want to do - but without his cooperation how do we get to do that and can we do anything about the negative atmosphere he will created for the person showing the place and the prospective new tenants?

As a bonus, if he does take anything, you can include it in the eviction hearing rather than having to track him down for small claims court later and pay another court fee.

File eviction ASAP, security deposit can't be used for last month rent, and if he takes anything with him when he moves, you call the police and tell them that you have been robed and file charges.

In this situation I would immediately file for an eviction. Let him know that SD is not to be used for rent.

Forget showing the apartment until this person is out.

If a tenant does not pay the last month rent, I simply email a notice of a late charge ($25 plus $10 per day). Usually the tenant pays the rent after the notice.

I am joining the choir/chorus. Pay or Quit tomorrow. He has not paid his rent for May, so you evict.

And I almost NEVER show a property until it is vacant and rehabbed. I might lose a couple of weeks in the race to find the next tenant, but I keep in mind "you never get a second chance to make a first impression."

Just like you don't want to arrive early for a date and surprise the lady without her makeup finished and without her hair done up, I don't want to show my place until it is all beautiful and ready for showing!

You can only control your own attitude and actions. You are legally entitled to begin eviction for non-payment. That may or may not be in your best interest. Probably not.

Can you negotiate a better ending to this tenancy?

Remind him of lease provisions but allow some negotiation. Suggest using half the deposit for rent if he pays half the rent (quickly!) and cooperates with showings. (If he won't go halves, then issue the Pay or Quit.)

Be there on move-out day to accept the keys.(You will also see that your appliances stayed or can call the police while your tenant is still there.)

Request his new address but don't make an issue of it. (The USPO did not routinely forward mail when PA's law was written in 1951. The standard clause in PA leases is outdated.)

1. Listen to proofstyle's advice, try some reasonable negotiating first, then proceed with proper notices of pay or quit, etc. if necessary. Use a flat-rate eviction attorney if you've never handled that, which I haven't myself.

2. Don't attempt to enforce the clause about showing the property. Take it from my bad experience - if they're hostile, they'll make the place look as bad as possible. The better plan is to negotiate an exit like proofstyle suggested. When you negotiate, make sure that you keep a calm demeanor, and slip in the concept of how an eviction can mess up his credit rating. Possibly also include some incentive for leaving the house cleaned out and cleaned up (ie: "$x cash when you hand over the keys if the place is empty and cleaned well; any balance left from the security deposit after thirty days to be sent to the address you provide."

Good luck!

Thank you all for your interest and solid advice. I'll post to let you know how it turns out.

To assist in avoiding this problem in the future, consider lowering your security deposit to $5 less than the monthly rent. I used to charge one months rent as security and had several tenants attempt to do this.

Do something because he may NOT move on June 1!!