Eviction ACtion (by Jean [PA]) Jun 29, 2012 7:13 AM
Eviction ACtion (by Kathy [WI]) Jun 29, 2012 9:11 AM
Eviction ACtion (by V [OH]) Jun 29, 2012 12:40 PM
Eviction ACtion (by Jean [PA]) Jun 29, 2012 12:43 PM
Eviction ACtion (by Mike45 [NV]) Jun 29, 2012 1:16 PM
Eviction ACtion (by proofstyle [PA]) Jun 30, 2012 1:34 AM
Eviction ACtion (by Jean [PA]) Jul 2, 2012 1:10 PM
Eviction ACtion (by BRAD 20,000 [IN]) Jul 2, 2012 8:47 PM
Eviction ACtion (by Jean [PA]) Posted on: Jun 29, 2012 7:13 AM Message:
State Specific Question About: PENNSYLVANIA (PA)
I have a tenant about 5 months into a 1 year lease that I first gave a verbal notice to about a violation of the lease. (Not an issue of rent.) It continued so I gave first written notice with fee attached. Tenant paid fee. It continued so I gave second written notice and a 30 day notice that her lease was being terminated. Obviously this tenant is not going to abide by the lease. Shortly after that the rent was due and remains unpaid. I posted a Demand for Rent which stated if rent not paid within 10 days of being due, legal proceedings would begin to evict and regain possession. Can I move on the Demand for Rent if the rent remains unpaid or do I have to follow through on the 30 day notice to terminate tenancy that was posted first? --207.255.x.xx |
Eviction ACtion (by Kathy [WI]) Posted on: Jun 29, 2012 9:11 AM Message:
I would move on the demand for Rent. Why wait if they aren't paying or moving? --63.81.x.xx |
Eviction ACtion (by V [OH]) Posted on: Jun 29, 2012 12:40 PM Message:
You need to follow your local and state laws for timing of the notice and then proceed to court for disposory (I know I spelled wrong but it means eviction in PA speek), get out your local housing court rules. --76.241.xxx.xxx |
Eviction ACtion (by Jean [PA]) Posted on: Jun 29, 2012 12:43 PM Message:
My confusion is stemming from the fact that I posted a notice of violation for something else with a 30 notice to terminate the lease. The non-payment of rent came after that. I then posted my demand for rent. I just didn't want to get caught in a technicality that I can't move on the second action due to the first. However, I got an email from this tenant that she would be out by the end of the weekend. I guess we'll see if that actually happens. --207.255.x.xx |
Eviction ACtion (by Mike45 [NV]) Posted on: Jun 29, 2012 1:16 PM Message:
You can proceed on the rent issue, if you did that correctly. The 30 Day does not excuse her of non-payment.
But you probably did not do the Demand for Rent properly.
How much rent did you demand in your Demand For Rent? Full month? If so, you are probably screwed, because T did not owe a full month's rent. She owed only for the number of days left under the 30 day notice.
Hope she is out this weekend, as she promised.
--71.49.xxx.xxx |
Eviction ACtion (by proofstyle [PA]) Posted on: Jun 30, 2012 1:34 AM Message:
PA allows multiple notices that overlap. There is no requirement to prorate rent. If she is there one second of Sunday she owes for the full month of July. If she is not out, file on Monday for TWO months rent AND the violation that started the trouble. --68.83.xxx.xx |
Eviction ACtion (by Jean [PA]) Posted on: Jul 2, 2012 1:10 PM Message:
My thoughts were that once the new month clicked in, she owed a full months rent. 30 day notice was taking her to within 3 days of the next new month. So even if you would prorate it, it would be all but 3 days. UHaul was there over the weekend, place looks desserted but no keys yet. Email from her said utilities were to be off today. So I get I just check out and see what's going on. Their vehicles have not been seen since late Saturday night by the 1st flr tenant. So she is probably gone. Thanks for everyone's comments. --207.255.x.xx |
Eviction ACtion (by BRAD 20,000 [IN]) Posted on: Jul 2, 2012 8:47 PM Message:
Jean -
I'm amazed you got an email. She's gone.
My judge says utils turned off = abandoned.
Clean and re-rent quickly!
If in doubt, post an ABANDONED PROPERTY NOTICE on the door.
But I still say she's long gone! --50.129.xxx.xxx |
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