State Specific Question About: PENNSYLVANIA (PA)

Without knowing anything about PA, I am sure that you cannot simply keep rent that was prepaid. The money was given to you as rent, and it must be used for that purpose.

In fact, your having accepted it as rent may cause you problems if you try to evict. Only a court can decide if your lease clause is enforceable, but that court would also have to deal with calculating of amount of rent due to the landlord, and you would be ordered to return the rest.

Janelle,

Would you evict these people if Children & Youth Services were not asking you to? The reason I ask is the only reason you have stated so far for evicting them is "They want me to evict this family..." Why is that? I'm sure it lines up with some of THEIR goals, but that action may or may not line up with YOUR goals.

If there are other reasons, then by all means talk with your attorney and see what kind of evidence you would need to bring for a successful eviction. In my town, multiple disturbances documented by police reports are a slam dunk eviction. Most tenants don't call the cops, though, because they have drugs around and the last thing they want is to get busted. Which is also--ironically--why I believe a lot of tenants don't report break ins. It's usually someone after drugs or liquor, and the underage drinkers and/or druggies don't want the police snooping through their house taking pictures of their bongs and crack pipes.

The township can send all the letters that they like, but it is the law that will determine if you should or will be able to evict.

If the township wants the tenant gone, and they want you to go ahead with an eviction, you should ask them, "under what authority is your request made", and under what authority do you suggest that I evict"? Don't be surprised if you don't get a direct and complete answer. What about costs?

You mentioned tenants received the settlement in MAY. Did they start renting in May 2014? If so, that would mean they have been there for 7 months with 5 more months to go which would take them to April 2015.

I would talk to my tenants and tell them they have to clean up their act and behave themselves because if you evict them, they are still responsible for the entire year's rent until you can re-rent the premises. THAT IS THE LAW IN CT. AND MAY BE THE LAW IN YOUR STATE AS WELL. Check it out.

My lease clause reads as follows:

"2. RENT: You will pay us total rent OF $6600.00 in monthly payments of $550.00* on the FIRST (1ST) day of each and every month. You will pay the rent to us at our address written at the beginning of this lease. Rent must be paid in full and no amount subtracted from it."

If that lease clause is not the law in your State, perhaps you should still have a talk with the tenants because if they get evicted, they may have an extremely hard time finding another rental with their history of police calls, and unless there is another settlement with a chunk of money, they will not be tempting the next landlord with a full year's prepaid rent.

I'm sure these people have a history of their bad behavior. Did you check them out before renting to them?

My advice is that they are there and the rent has been prepaid so I would try to keep them at least until April.

I agree with others. Who are these people to tell you to evict your tenants? If the tenants are breaking the law, they should be arrested. Not your problem. Their rent has been paid and they are staying.

many municipalities in Pennsylvania have "nuisance" laws. Violations/requests should be made in writing. If they want you to put someone out and you don't, you will be the one who is fined or your property taken.

Are these folks causing YOU a problem? Either directly or through the neighbors? Why exactly are the police going there? Are they being charged with anything?

Pennsylvania has it's many small fiefdoms (oops, meant municipalities). If you live and work in one of them, you need to get along with the authorities or they will make your life miserable ... doesn't mean you need to do what they tell you to but you must learn to get along with them.

1. In the future someone waiving a year's rent in front of you is a red flag, they've had problems with eviction in the past.

2. Many fiefdoms in PA have the nuisance laws. I don't see how they can be legal but the problem is someone needs to take time and money to fight it. They pass these laws knowing there aren't many parties interested in the effort to have them repealed.

3. Find out why the police have been called and decide if you want the issues they are responding to in your rental. Is it domestic dispute? Drugs? or are they playing music too loudly for a picky neighbors taste? or is your tenant a minority living on a street that residents vowed to 'hold the line'?

If the problem is something you don't want in your property then file for eviction immediately and it is likely the MJ is onboard with the municipality and you will get a judgement in your favour. If the problem is something you believe not to be from a bad tenant then be prepared to go to the municipality to explain.

Thanks for all the great advice!

CTLL - The rent comes from a court settlement that they will receive annually so, to the best of my knowledge, they wouldn't be able to pay enough for security etc elsewhere until next year. From my understanding, the court settlement is from a work injury to the husband which they use to pay the rent upfront. The wife's income is used to pay monthly bills, groceries, etc. I'll double check the lease to see if it says that I get a total amount regardless.

Nicole & Ed- that is exactly the threat the township made. If I can't get them to stop, the township will start fining me. I'll have more information on the specifics of why cops were called 5+ times when I get the letter from the township.