Pa LL/T act unauth. occ (by NE [PA]) May 20, 2017 9:12 AM
Pa LL/T act unauth. occ (by Ken [NY]) May 20, 2017 11:45 AM
Pa LL/T act unauth. occ (by NE [PA]) May 20, 2017 11:52 AM
Pa LL/T act unauth. occ (by Sisco [MO]) May 20, 2017 12:13 PM
Pa LL/T act unauth. occ (by NE [PA]) May 20, 2017 12:24 PM
Pa LL/T act unauth. occ (by Sisco [MO]) May 20, 2017 12:36 PM
Pa LL/T act unauth. occ (by NE [PA]) May 20, 2017 12:39 PM
Pa LL/T act unauth. occ (by Nicole [PA]) May 20, 2017 1:56 PM
Pa LL/T act unauth. occ (by Ed [PA]) May 20, 2017 5:37 PM
Pa LL/T act unauth. occ (by NE [PA]) May 20, 2017 5:44 PM
Pa LL/T act unauth. occ (by rentON [PA]) May 20, 2017 6:09 PM
Pa LL/T act unauth. occ (by Nicole [PA]) May 20, 2017 7:39 PM
Pa LL/T act unauth. occ (by GKarl [PA]) May 20, 2017 7:47 PM
Pa LL/T act unauth. occ (by Ed [PA]) May 21, 2017 6:52 AM
Pa LL/T act unauth. occ (by Ray-N-Pa [PA]) May 22, 2017 10:06 AM
Pa LL/T act unauth. occ (by Nicole [PA]) May 22, 2017 11:12 AM
Pa LL/T act unauth. occ (by NE [PA]) Posted on: May 20, 2017 9:12 AM Message:
Does anyone have a copy of the PA LL/T acts wording on unauthorized occupants?
I have a long term inherited tenant on an oral lease who has allowed her meth mouth son to move in an he needs to go!
Just want to make sure I approach it correctly having to fall back on verbal leases. --50.32.xxx.xxx |
Pa LL/T act unauth. occ (by Ken [NY]) Posted on: May 20, 2017 11:45 AM Message:
If you don't have a written lease she is not in violation of anything,she can have anybody she wants move in --24.25.xxx.xxx |
Pa LL/T act unauth. occ (by NE [PA]) Posted on: May 20, 2017 11:52 AM Message:
Ken, I think in PA when it's an oral lease and there isn't a paper lease, it falls back to the PA standard lease. That's what I'm trying to find out.
If it's true she can move in whoever she wants then should I give a notice to cure or quit or just a notice to vacate? I'd prefer to keep her, but he's gotta go.
If it was my lease, I would know how to proceed. --50.32.xxx.xxx |
Pa LL/T act unauth. occ (by Sisco [MO]) Posted on: May 20, 2017 12:13 PM Message:
Since no written lease exists, a letter informing tenants that you are non renewing their lease should give you standing. In Missouri this would require 30 days notice. Of course, have a process server deliver notice. --72.172.xxx.xx |
Pa LL/T act unauth. occ (by NE [PA]) Posted on: May 20, 2017 12:24 PM Message:
Sisco, I started with a verbal over the phone just over 2 weeks ago. She admitted to him living there and said ok about him leaving. We all now that's he said, she said.
I followed up with a 2 week notice to cure or quit by certified mail, which she signed for.
Unauthorized occupants, vehicle oddly parked way down behind the house in the weeds. Not even sure how the dude got it back there. Also construction the guy is doing behind the house.
She signed for the NTC, which expired with no compliance.
I am following up Monday with a 30 day cure or quit for the same issues which will be served by a constable. Constable will walk around with me as I take photos.
If she doesn't comply, I will give her a 30 day notice to vacate with no reason stated.
At a minimum this develops a timeline if I have to go in front of a judge. --50.32.xxx.xxx |
Pa LL/T act unauth. occ (by Sisco [MO]) Posted on: May 20, 2017 12:36 PM Message:
Are you required to send cure or quit? That seems to add an additional 30 days to the process. I would start with notice to vacate.
--72.172.xxx.xx |
Pa LL/T act unauth. occ (by NE [PA]) Posted on: May 20, 2017 12:39 PM Message:
I don't think I'm required to send the cure or quit, but I want to give her as much of a chance to get rid of this guy as possible. To me, a notice to vacate is a done deal. --50.32.xxx.xxx |
Pa LL/T act unauth. occ (by Nicole [PA]) Posted on: May 20, 2017 1:56 PM Message:
NE - I didn't look it up but I can't imagine statute covers something like unauthorized guests.
I'm not sure what you mean by "PA standard lease".
any other inherited tenants, and this one if she stays, should be signing your lease --72.95.xx.xx |
Pa LL/T act unauth. occ (by Ed [PA]) Posted on: May 20, 2017 5:37 PM Message:
As Nicole said I don't believe the statute covers unauthorized guests. I also don't understand why you are having a constable serve a 30 day cure or quit. You should file with the magistrate Monday morning, if she didn't comply with 2 weeks she won't comply with 30 more days. The 30 day notice to vacate is also a waste as you she won't pay attention to that either. Sometimes getting the notice to appear in front of the magistrate will get a reaction but it is her son and she won't just send him on his way. --96.236.xxx.xxx |
Pa LL/T act unauth. occ (by NE [PA]) Posted on: May 20, 2017 5:44 PM Message:
Ed, I can't just file on Monday. Based on what? I have to build some sort of a case for this. Even if it was for her to vacate, I still need to give her a notice to vacate before going the court route.
Nicole, the falling back to a standard Pa lease was something I heard referenced from a magistrate. I can't remember if I heard it in court or when we had a magistrate as a speaker at our association meeting, that's why I'm trying to find the reference. --50.32.xxx.xxx |
Pa LL/T act unauth. occ (by rentON [PA]) Posted on: May 20, 2017 6:09 PM Message:
It's been a while since I read the PA LL/Tenant Act but I do not recall it addressing any unauthorized occupants. I do believe that when no written lease is present you do default to a month to month tenancy term.
Depending on your Magistrate, it can very hard to prove an unauthorized occupant. As you probably know, the easiest way to get them out is for non-payment.
You will need solid proof to substantiate someone is living there that is not on the lease. Do you have copies of mail with their address and name on it, copies of a PA Fishing license with their name and address on it (which I used in court one time), etc.
Good luck.
--72.95.xxx.xx |
Pa LL/T act unauth. occ (by Nicole [PA]) Posted on: May 20, 2017 7:39 PM Message:
just guessing but I think the magistrate probably meant standard clauses that are basically approved across the board ... like the waiver of notice. if you get copies of the leases provided by the big associations like Diversified, ACRE, REI, they all basically say the same thing - different set ups and order.
statute says they need full 30 days rent cycle written notice to get out. so a notice delivered Monday means June 30. I too always had the constable deliver the notice when I inherited tenants with no leases.
you don't need to give her a reason. Tell her again ... she'll either do it or not. Photos aren't going to be required for the magistrate because they don't care why you want her gone ... if you say go, she goes. --72.95.xx.xx |
Pa LL/T act unauth. occ (by GKarl [PA]) Posted on: May 20, 2017 7:47 PM Message:
I would just give her notice that you're not renewing her m2m term and be done with both of them and save the court action for later if she's a holdover --172.58.xxx.xxx |
Pa LL/T act unauth. occ (by Ed [PA]) Posted on: May 21, 2017 6:52 AM Message:
Giving her notice of non-renewal is definitely cleaner but you have given her notice of lease violation that she has not corrected. You can evict for that. It does depend on the magistrate but even without a written lease most will allow that you rented long-term to one person the oral agreement was for just one and a second person violates the agreement. Most magistrates will ask if you can come to an agreement for more rent but they will allow you to ask for possession. --96.236.xxx.xxx |
Pa LL/T act unauth. occ (by Ray-N-Pa [PA]) Posted on: May 22, 2017 10:06 AM Message:
In Pa you are required to give them a cure notice unless they elect to waive it. In Pa they can only waive a non-cash cure notice --24.239.xx.xxx |
Pa LL/T act unauth. occ (by Nicole [PA]) Posted on: May 22, 2017 11:12 AM Message:
as I understand it, he doesn't have a written lease so he doesn't need a cure notice ... just needs to let her know her tenancy is ending. no reason needs to be given so there is nothing to cure. --72.95.xx.xx |
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