Updated over 7 years ago on . Most recent reply
Eviction Process Question (Pennsylvania)
I have a tenant who I suspect intends to move out at the end of the month. Her lease is up at the end of the month, but continues month to month unless a new lease is signed. She didn't pay this month and seems to have stopped communicating.
The grace period ended yesterday, so today I posted a 10 day pay or quit type notice.
My question is can I file with the magistrate to evict before the 10 days is up? I'm 90% sure she isn't going to pay and even I'm sure even if I filed tomorrow that the court date would be after the 10 day pay or quit period. Of course, if she pays, I would have to eat any costs related to filing.
Also, I'm not even sure I would try doing this in a case like this. However, I was curious if anyone else has tried doing this to speed up the eviction process when they feel confident the tenant will not make good on the pay or quit notice.
Most Popular Reply
I would wait until the 10-day period passes to start the eviction action. As a practical matter, the magistrate judge probably won't care. But it arguably creates interesting jurisdictional questions and could potentially drag on the case for no reason if the tenant decides to fight it for whatever reason.
Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.