State Specific Question About: PENNSYLVANIA (PA)

I have sent my tenant an email telling him I will not renew his m-m lease at the end of January giving him over a full calendar month notice. What do I do if he does not move out? Do I go to court to evict him or call someone to move the tenant out? He will have no lease and will be a holdover or is he trespassing and I should call the police? What rent do I charge him for staying in my house without a lease? My son needs the house after his divorce.

Hi Warren,

If a tenant does not move out when the lease ends, they go into "hold over" status. Each state has laws for how hold over works. For example, in Missouri I can legally charge 2x the normal rent. Whether or not the tenant pays that amount is another issue....

To remove the tenant legally, typically the land lord files an unlawful detainer case. This is what most folks refers to as 'eviction'. The tenant will be served notice, and if they don't move out then you go to court. There the judge will make the final decision and if the court rules in your favor you get a document called a Writ of Possession. Typically, you have to 'execute' or file that with the court and then make arrangement with the sheriff's office or constable for a set out date. The set out date is the last day the tenant has to leave on their own. If the tenant is not out, you are legally allowed to enter the premises, remove their possessions and change the locks.

There are a lot of variations on the timing of when notices are served, who enforces the set out process if the tenants refuse to budget, and what your obligations are for storing or removing their personal property, so I encourage you to ask a local, experienced, LL/tenant attorney who will know the correct answers. Don't just try to "wing it" and screw up: it can get expensive.

Most likely the police will not help with trespassing until after the lease has been terminated by the court and the set out day has come and gone. Land lord/tenant issues are considered "civil" matters, meaning they have to be decided in court as there is no criminal activity.

Bummer, I know! Legally, the tenant has possession of the premises until the day on which the court says they have to be out. Even though they are supposed to be gone...the court has the final say, not you.

what you want is self help eviction-- but don't we ALL?

I believe in talking with a tenant, besides giving the proper legal notice. Now is the time to help the tenant prepare for the move, go over move-out cleaning, point out dings to their security deposit that they can remedy yet. I even am willing to help haul some large furniture items to the city dump, just to get tenants in the clearing, cleaning-out mode. ( I have a pick-up truck, permit to use city ‘self-help center’, and dropping household items is free of charge, so all that costs is time and mileage.)

Warren, more I ponder this, more, I’m definitely thinking renting to son is bad idea.

If son can afford your rent, then son might be able to pick up a ratty old duplex for low money, move into the worst unit, fix the other unit , and rent that baby out. Then fix his own unit, with money from HIS tenant.

Certainly, with a parent in the rental biz, son has learned to swing a hammer in hi# day.....?

You need to send a letter, not an email. Or a copy of the letter with your John Hancock on it.

BUSY WI did you post "sounds like bad parenting for a kid getting divorced"? R U for real? I know what WARREN should ponder on your behalf. What are you 9?

Gee let me have the couch in the basement-- thanks Dad!

If I ever become a LL or PERSON like you let me get my gun!!!!

Busy you are a ***K

Gee, myob, Thanks for the laugh!. And threatening with a gun. Nice! I stand by what I said.

Sure, it’s harsh that I don’t want to bail a grown child out, but, for Dad/Mom to have to lose money because his/her kid made whatever choices, doesn’t sound like a great financial plan for Dad/ Mom. Nor a good parenting plan. REALLY.

Grown children need to behave in grown ways. If they will not, coddling doesn’t usually help. REALLY.

Warren, there surely is more to this than what is useful to share on the inter webs, so, I am not asking. I would merely hope that you have pondered whether providing housing for grown children is a good move at this stage of your life. (Obviously, you are old enough to have a grown son getting a divorce.) Again, I am not asking; it’s your business, but, you did state that as the reason tenant needed to move.

It may very well be that (because of circumstances which I AM NOT asking you to describe,) the proper solution to your specific situation IS to have a different tenant in that rental, and perhaps the son IS the best choice. Again, I am not asking for particulars.

It is often quoted on this forum and in many rental property books, at least what I have read, that renting to family and friends is not advised.

Warren631, I didn’t mean to be overly harsh. Just harsh enough to make you ponder whether this will be the best solution for YOU.

"Me, I’d tell the son to find his OWN place, and keep my tenant. Renting to a son that cannot keep a marriage together sounds like bad business, bad parenting to me. But, I’m pretty opinionated. Best of luck to ya. Tough to hear the kids are breaking up".

That's what you wrote. My gun reference was if I had a parent like you i"d get my gun and shoot myself. idiot!

Advice I heard in a local landlord meeting, regarding using the Notice To Vacate to terminate a MTM tenancy is simply state to the judge, ‘ I need the property back.’ Do not state any other reason to tenants or judge.

Now I know why.

Everyone is UN-necessarily putting the horse before the cart.

1) Yes you need to advise the tenant by letter--not email.

2) You still need to talk with the tenant. Remind him that the 30 day notice was agreed to by both parties, and the contract became law as soon as both parties signed it. You gave him MORE time than usual, and he needs to use it to his benefit.

3) Also advise him of the procedure--what happens to him if he is a holdover and has to be moved out by courts and the sheriff. You don't want to do this--but you are within your legal rights to do it--its up to him to comply (or not).

4) Also you can ask if there is something simple you can do to help him. On the day he is actually OUT and you have the keys, you can turn the utilities back to your name, if he leaves it clean, you can get the Deposit acctg done faster, help him find boxes, etc.

I proceed as if there is no other option but for the tenant to leave. I mail/post the legal Notice of Termination of Tenancy. I usually give 60 days because it is hard to find affordable housing. 2 weeks before the end of the term, I send my move out cleaning instructions. I also send the form I use to get a forwarding address so I can send the SD accounting. These serve as reminders that we are serious, the tenancy is ending, and that the tenant needs to be out.

On a month to month lease, you can terminate it by giving a resident a 30 day notice.

If they don't move out at the end of the 30 day period, you will need to take them to the local DJ to complete the eviction action.

Under act 36, the time line from start to finish an eviction can be as short as 36 days. I find that it is normally longer than that as 10 day notice periods end on weekends and that causes the period to become more like a 45 day event.

I wouldn't badger your resident that much. Now is the time for you to seek an environment of cooperation. They can create a much bigger problem for you and getting them stirred up may make you feel better today.......that victory will be short lived if your home is trashed out. If you provide the resident a financial incentive to move out quickly and leave the place clean - you will have less headaches and will be further ahead financially than playing hardball.

LANDLORDING IS MORE ABOUT RELATIONSHIPS AND LESS ABOUT BRICKS AND MORTAR (AD Kessler).