Eviction (by Dan [PA]) May 20, 2014 9:04 AM
Eviction (by DIXIE [KS]) May 20, 2014 10:42 AM
Eviction (by Kyle [IN]) May 20, 2014 11:22 AM
Eviction (by Mike45 [NV]) May 20, 2014 4:38 PM
Eviction (by Don [PA]) May 20, 2014 6:17 PM
Eviction (by Mike45 [NV]) May 20, 2014 8:28 PM
Eviction (by Dan [PA]) Posted on: May 20, 2014 9:04 AM Message:
State Specific Question About: PENNSYLVANIA (PA)
I have a tenant who has breached his lease.
1) No pets allowed - he has a dog
2) This is a one person apartment - he has two others living there.
The lease says I only have to give a 3 day notice if the lease is breached. I gave him notice this morning.
What do I do now? Do I file at court for an eviction?
Thanks for your assistance. --76.2.xxx.xx |
Eviction (by DIXIE [KS]) Posted on: May 20, 2014 10:42 AM Message:
In Kansas, I have to give a 14/30 Day Notice. I can only give a 3 day notice if rent is unpaid.
In Kansas, if I put your 3-day notice statement, my ENTIRE lease could be considered invalid. Law states you cannot put something illegal in the lease. That statement is illegal in Kansas.
Better check law in your state. --70.195.x.xxx |
Eviction (by Kyle [IN]) Posted on: May 20, 2014 11:22 AM Message:
Check your state laws/ask your attorney.
It looks like you will need to give either a 15 or 30 day notice, but I don't think you have to allow them to correct the violation, you can just require them to move. Once the notice period is up, if they have not moved, you would file for eviction. --68.46.xxx.xxx |
Eviction (by Mike45 [NV]) Posted on: May 20, 2014 4:38 PM Message:
Dixie: +1.
It is very likely that your clause is invalid in PA. Many states have specific notice requirements for the protection of residential tenants that are NOT waivable. That means that if your state requires 15 days notice to cure, and your lease says 3 days notice is sufficient, that provision of your lease might be invalid.
Maybe the entire lease will be considered invalid, because in the eyes of the court, you might be a greedy, unscrupulous ... -- because you have illegal lease provision(s).
So, talk to your lawyer.
Where did you get this provision? Was it something you came up with on your own, or from some other state, or ????? Did that come from a local landlord assn or Board of Realtors?
--184.6.xxx.xxx |
Eviction (by Don [PA]) Posted on: May 20, 2014 6:17 PM Message:
Mike45' in Penna. The notice requirement can be waived but the waiver must be conspicuous. However, in Phila. The Pres. Judge of our L-T court has decided to make her own law. She will allow leases that shorten the notice period but not ones that eliminate it completely. --69.248.xxx.xx |
Eviction (by Mike45 [NV]) Posted on: May 20, 2014 8:28 PM Message:
Don, thanks for the local law. I hate it when judges make up their own law! That is in conflict with their oath of office, something I take very seriously.
--184.6.xxx.xxx |
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