State Specific Question About: PENNSYLVANIA (PA)

I'm kind of confused ... I have no idea what an "automatic termination" is and I doubt it's legal ... but again, don't know what you mean by that.

If you go to court on the 26th, you can file for possession on Sept. 8th. Get there at 8:30 a.m. and file. If your constable is like mine he'll post the property the same day. You can have the guy out by the 18th.

I've never had a tenant request an extension and didn't know it was even possible. I thought, and I think I'm right, that the hearing MUST be held within 7 to 15 days of you filing the complaint.

Nicole--you're right the hearing must be held with 7-15 days of filing. I filed on the 12th and they scheduled originally for the 19th, the tenant asked for a continuance because they "weren't ready" and that pushed it out to the 26th. Still within the 15 days---and no, I didn't know a tenant could do this either. It's purely a delaying tactic.

GKarl,

What did you file for? Unpaid rent? If so, they will have an opportunity to pay you to stay.

If it is a M2M lease then you want to simply file for possession. Being a month to month lease they have no cause to stay and the judge would award you possession.

Jon

John:

I filed for the unpaid rent, damages to the apartment (will probably be told to satisfy from the security) and holdover. The holdover is based on the presumption that the automatic termination clause in the lease due to default holds up.

GKARL,

I do not know if this applies to your state or your court system, but my judge says the LL does not have to accept rent which can delay some eviction processes.

This is a perfect situation where your local assoc can help. We outsiders might just confuse you. You need LOCAL advice about YOUR judge/magistrate.

Me? I'd ask a good eviction atty for advice (he/she will spout RULES) AND talk to a few local LLs about this goes down in the real world.

Please, next time, go thru with round one!

(we know because we've all done the same thing - believed the res)

Have you fixed the damages? If not, you can't collect for them yet.

John is correct, if they pay and that's the only box you checked, they get to stay.

Again, your "automatic default" has me confused and I'm betting it won't fly but I guess it depends on how it's worded. My lease says that if they are late I believe 3 times in a calendar year that I can file.

Going forward, ALWAYS, get some lease violations on that complaint form. If your original intent is only to get your $$$ and things go really sour once you've filed, you're able to get them out. If not, as you see, you've got to go back in.

Here is my main concern ... your comment "hopefully what the attorney says will hold out". Perhaps it's just my magistrates but I have NEVER seen a tenant win, get a continuance, nothing. If you do your paperwork correctly, you will win each and every time.

Nicole, just posted a response lost it. Here's a quick summary:

1) Here's the lease language: "The tenant’s failure to pay the rent when due will result in a default of this lease and it shall immediately terminate. Tenant waives Notice to Quit otherwise required by law and landlord will require that tenant vacate the premises immediately."

Basically, non payment defaults the lease.

2) I checked the boxes for rent, damages and lease term having ended due to (1) above. I did not check the forfeiture box which would be more appropriate for (1) above. Can one amend complaints?

3)The damages are due to the tenant's negligence. The magistrate instructed them to repair, which they've not done. I have a repair estimate. I'll probably be told to deduct from the security.

From Brad>>>Please, next time, go thru with round one!<<<