Eviction assistance question please help

[Linda Thomas]

Hey everyone,

New tenant moved in 5 months ago. Upon move in, she obtained rental assistance and the agency paid her rent of 5 months and one months security to me about 1.5 months after she moved in. Effective 1/15 she needed to start paying rent. I sent her a friendly reminder that her 5 months of no rent due was approaching. She thanked me for the reminder. Come 1/15 she sends me only have of the rent due and said that she won't have the other half until the end of the month. I am in the state of PA. I have a clause in lease that I am not required to provide notice to quit. I'm thinking I should file for eviction given the facts that she had 5 months rent free and it's ridiculous that she can't pay the entire rent now. She had 5 months to save up. She said got sick, hurt, and issue w/ pay check at work. Would everyone agree or am I being to harsh?? 

[Michael K Gallagher]

Hey @Linda Thomas what a bummer!  in these instances I usually just remember to "follow the lease" and do what it says in my documentation. If thats what the lease says then I'd certainly start there.  its not about if you are harsh or not its about what is in contract she signed. 

[Karl B.]

You didn't deposit the partial rent, did you? I know one cannot accept any rental payment once the eviction process has begun; I'm not certain if one can accept partial rent AND THEN BEGIN the eviction process. I reckon it varies by jurisdiction but I know that partial payments can sometimes set a precedent. Anyone know? 

[Linda Thomas]

@karl b yes i did, i have never heard of this?? can't i file for the other half owed? 

[Joe Splitrock]

I believe Pennsylvania requires you to serve 10 day notice to quit. You can't modify state law with any clause in your lease. That clause would be considered an illegal clause and the judge could penalize you for even attempting to file eviction when not following the property process. Who put this clause in your lease - was it an attorney?

Since you accepted partial rent for one half months rent, I think you could have problems with filing eviction. Technically they are paid up through the end of January. At a minimum you probably need to wait half a month before serving the 10 day notice. 

It is important to follow the law when writing leases and evicting tenants. Consult an attorney.

[Nathan Gesner]

As a general rule, accepting even $1 from a Tenant implies you're accepting their continued tenancy. If you intend to kick someone out, it's best to reject any partial payments. If they offer to pay everything in full with certified funds (money order, cashiers check, or cash), then you should probably accept. It's hard to justify eviction for non-payment of rent when the tenant is offering to pay in full.

Don't be surprised that she's unable to pay. Most poor people are poor because they make bad decisions. In this case, she got free rent for five months and could have easily saved up a couple months of rent to get ahead, but she instead chose to spend every dime. I had a tenant move in, get assistance for three months, and then she was unable to pay a $100 utility bill. When someone starts their tenancy with assistance from another source, that's a red flag that should be watched closely.

[Linda Thomas]

@joe 

not done w/ attorney - added it myself -There is an option on the landlord tenant complaint form that says no notice is required under the lease terms

[Linda Thomas]

@Nathan G. - Rent was due 1/15 (I allow 3 day grace period) on 1/13 she sent half and I deposited it. She said she would have the other half in 2 wks around 1/26. I wasn't planning on evicting her but given the circumstances and thinking more about it i think i want to.  So you are saying by accepting the 1/2 i accepted this and can't do anything. I thought I could file for eviction for the half. And yes makes sense what you said about the red flag. 

[Ron Brady]

We'd move to evict.  Not too harsh at all.

[Jennifer Ruelens]

In PA (except Philadelphia they play by a different set of rules there) you are permitted and it is quite common to have a waiver of the notice to quit requirement in the lease.  Occasionally there are District Magistrates who won't give a judgment if you didn't post one, but generally, you are fine. As for accepting partial rent, you are right, in PA the rules state that if you accept partial payment after you have started the eviction process, you must then start over.  However, I have never seen that be enforced by a judge.  I accept partial payments throughout the process and will still be able to get an order of possession and execute it if it isn't fully satisfied.  

You aren't being harsh, just follow your lease.  However, you should not continue to bring up the fact that ERAP paid her rent so far.  It is immaterial to the situation now.  She owes rent and didn't pay it, time to enforce the lease.   

[Kevin M.]

@Jennifer Ruelens do you know where specifically the 'rules state that if you accept partial payment after you have started the eviction process, you must then start over'? I'm unfamiliar with this rule in PA. It would be helpful to have a source to explore further TY

[Jennifer Ruelens]

Originally posted by @Kevin M.:

@Jennifer Ruelens do you know where specifically the 'rules state that if you accept partial payment after you have started the eviction process, you must then start over'? I'm unfamiliar with this rule in PA. It would be helpful to have a source to explore further TY

Landlord Tenant Act

[Kevin M.]

@Jennifer Ruelens I am familiar with the Landlord Tenant Act and see nothing in the text of the law that would suggest your claim to be true