Process to evite in Pennsylvania if tenant does not pay late rent

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Process to evite in Pennsylvania if tenant does not pay late rent

Keniya Lee
Philadelphia, PA · Member since 2016 · 16 posts · 1 vote

Hey Everyone,

I received a text from my tenant on the 4th of the month stated he would be late on rent and would pay on the 10th. He is aware of the 10% late fee. My question is if I dont receive full payment by the 10th can I file for eviction for non payment, and lease agreement? He smokes and has the hallway smelling like sweat. His home so much I dont believe his working anymore. The lease only started in July. I dont have patience for non payment when you just moved in.. 

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  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y
    @Keniya Lee Watch for Philly laws but in pa to my knowledge you typically put up a quit or pay notice on 5th and can fIle evict papers on 15th . Pa is neither a tenant nor landlord friendly state . Do it as soon as you legally can because it’s not going to get better with him and you can always stop the eviction .. better to get the ball rolling now than wait around hoping and wishing he’ll make good in his payment
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  • Keniya Lee
    OP
    Philadelphia, PA · Member since 2016 · 16 posts · 1 vote
    8y

    Ok. So should I place the notice on his door on the 10th and file the papers through the court for eviction?

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    Pennsylvania eviction process

    You should bookmark that web site and buy their book, "Every Landlord's Legal Guide." It is written by attorneys and full of good, practical advice, all your state laws, and a lot of forms you can edit/use.

    The DIY Landlord Book4.7248 Reviews
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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    8y

    Before you do anything or take anyone's advice on the interweb you need to sit down and study/learn all your state landlord tenant regulations. This is not the wild west, you are operating a business in which laws govern your operations. You have a legal obligation to know the law.

    Having said that you should have file your pay or quit notice immediately upon rent being late. Rent is due on the 1st, late on the 2nd. You should have started the process by issuing a pay or quit notice on the 2nd. You are now losing money daily that you will likely never get back if your tennat is evicted or leaves. Tic, Toc. 

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  • Keniya Lee
    OP
    Philadelphia, PA · Member since 2016 · 16 posts · 1 vote
    8y

    I see. If I dont receive payment by the Monday I will give him notice to end lease.  In the lease agreement he waived his right and agreed I can end the lease agreement. 

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  • Mike McCarthy
    Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    8y
    @Keniya Lee I would always recommend a lawyer for at least your first eviction. While it’s not rocket science, there are errors that you can make that’ll extend the pain longer than necessary. It should be pretty cheap to get a lawyer to help make sure everything is done by the book.
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  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y
    @Keniya Lee Once the landlord gives the tenant a Notice to Quit, the tenant has ten days to pay the rent or leave the rental property. The ten days begins on the date the notice is posted or given to the tenant. Weekends and holidays are included in the ten-day period. It is possible for the landlord and the tenant to agree to a different time period in the lease or rental agreement, at the time the agreement was made. If the lease agreement allows for a longer or shorter time period for the Notice to Quit, that time period must be followed. These are requirements of Pennsylvania state law (see 68 Pa. Cons. Stat. Ann. § §250.501-(b) and (e)).
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  • Keniya Lee
    OP
    Philadelphia, PA · Member since 2016 · 16 posts · 1 vote
    8y

    Thank you Dennis. Very helpful! I will get him notice on the 10th with the 10 day notice to quit lease for non payment

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  • Amy Beth
    Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
    8y
    @Keniya Lee I would not drag this out by waiting until the 10th. Remind him when the rent is due and let know you will be filing for eviction if it is not paid. Then follow though. If he does pay the eviction can be cancelled. If not then you are minimizing the amount of time that u are losing in rent and able to find another tenant faster.
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  • Keniya Lee
    OP
    Philadelphia, PA · Member since 2016 · 16 posts · 1 vote
    8y

    Thank you Amy..

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