Eviction: Rent Late vs. Rent in Arrears

[Nick M.]

Hi All,

I served a 10 day Notice to Quit/vacate to a tenant who is late on January rent.  I received an angry call from the tenant saying notice can't be given when a person is late.  It can only be given when someone is in arrears.

I'm situated in PA.

Thoughts on being late vs. arrears and the implications to a Notice to Vacate?

Thanks!

[Al D.]

I don’t know where in PA the property is located - you should find out whether the specific jurisdiction has any specific rules (although, for the death of me, I can’t imagine some bureaucrat specifying that one must be “in arrears” vs being “late,” which would void your Notice.) about Notice to Quit.

Here is the state law:

http://codes.findlaw.com/pa/title-68-ps-real-and-personal-property/pa-st-sect-68-250-501.html

I don’t know what else you wrote in your Notice (or from where you obtained it,) but imagine that if your tenant is upset over the one word vs the other, your form may actually be just fine.

Tell them you’ll see their arrears in court, later.