Tenant rent past due, no one living in home

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Tenant rent past due, no one living in home

Susan Fromm
Allentown, PA · Member since 2013 · 1 post · 0 votes

This is in Pennsylvania. I have a rental next door (and this is the only rental I have). A few months ago the tenant announced that he was "working as a truck driver and you won't see me much". He has lived there over 2 years with a one year lease that has renewed itself. The utilities are set to automatically go back to me when a tenant leaves. So far that hasn't happened. I haven't seen the tenant for a month and now rent for April is 30 days past due and May rent is 3 days past due. His cell phone number reports "no longer in service". His alternate contact also does too.

The lease says The tenant is in default if rent is not paid when due. then one of the terms in the event of default says:

"B. Landlord may cancel the Lease by giving Tenant a written three day notice stating the date the term will end. On that date the term and Tenant's rights in this Lease automatically end and Tenant must leave the premises and give Landlord the keys. Tenant continues to be responsible for rent, expenses, damages and losses."

Since I can't personally give the notice I assume I could send a certified letter even though he isn't there.

My question is that all I need to do? Do I need to go to the magistrate?

I ask that mostly because the last time I did for an issue to get a bill paid they gave a date that was over two months out and said that was usual because of staffing.

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Joel OwensBusiness Member
Moderator
Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
13y

I do not know about Pennsylvania as it would depend on that state's statutes and landlord tenant laws.

What you can't do is self- help eviction. Each state has personal property disposal laws that must be followed. If the tenant isn't there by what you have said with the lease it looks like they are in default under your agreement.

That doesn't mean you can just go in and re-rent to someone else. In each state there is an amount for instance in Georgia some attorneys say if it looks like 500 dollars or less of items are left in the unit and they have vacated then you do not have to evict.

If you go in the unit you would need to check if it is totally vacant or personal property is stored there. You need to give notice at the door that you are going to enter for an inspection with usually 24 to 48 hours notice taped to the door unless there is an emergency with the unit. If a tenant is storing valuable property there and you move it they can claim there 5,000 ring is missing it and you have lost the family heirloom etc. This is why it is best to go through with the eviction. It is tough as sometimes you lose an extra month of rent waiting for the Marshall to come out and displace the tenant. You need to change all the locks after evicting. There is no telling who keys have been given too or what kind of verbal or written agreement this defaulted tenant has made with others for a place to crash.

No legal advice. Seek legal counsel in your area (eviction attorneys) who can possibly guide you through this.

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  • Mike Franco
    Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
    13y

    check your state's abandonment laws. See if law enforcement can find info on him e.g whether he got injured somewhere.

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  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    13y

    I do not know about Pennsylvania as it would depend on that state's statutes and landlord tenant laws.

    What you can't do is self- help eviction. Each state has personal property disposal laws that must be followed. If the tenant isn't there by what you have said with the lease it looks like they are in default under your agreement.

    That doesn't mean you can just go in and re-rent to someone else. In each state there is an amount for instance in Georgia some attorneys say if it looks like 500 dollars or less of items are left in the unit and they have vacated then you do not have to evict.

    If you go in the unit you would need to check if it is totally vacant or personal property is stored there. You need to give notice at the door that you are going to enter for an inspection with usually 24 to 48 hours notice taped to the door unless there is an emergency with the unit. If a tenant is storing valuable property there and you move it they can claim there 5,000 ring is missing it and you have lost the family heirloom etc. This is why it is best to go through with the eviction. It is tough as sometimes you lose an extra month of rent waiting for the Marshall to come out and displace the tenant. You need to change all the locks after evicting. There is no telling who keys have been given too or what kind of verbal or written agreement this defaulted tenant has made with others for a place to crash.

    No legal advice. Seek legal counsel in your area (eviction attorneys) who can possibly guide you through this.

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    NNN Invest53 Reviews
    WebsiteView Page
    1Reply
  • Roy N.Pro Member
    Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
    13y
    Originally posted by S F:

    Since I can't personally give the notice I assume I could send a certified letter even though he isn't there.

    Check your state tenancy act (or equivalent). Here we can affix the notice to the entrances of the rental unit in the event we cannot find the tenant in person.

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  • Rob K.
    Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes
    13y

    You said the rental is next door and it's the only rental you have. Does that mean it's right next door to your residence? If so, have you seen this guy in the last month? Did you see anyone moving stuff out? If not, you need to serve him with the proper paperwork for your state and then take him to court. If he has moved out (you should know already if you live next door), you need to decide if the house is empty and abandoned and go from there.

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  • Chad Heard
    Virtual Assistant · Augusta, GA · Member since 2013 · 29 posts · 7 votes
    13y

    Yea, I agree with Joel and Rob. You have to go through the correct legal proceedings or you are opening yourself up for a world of hurt. In the standard Georgia Board of Realtor's lease there is a provision that states that the landlord may enter the property at anytime upon 24 hours notice to the tenant. I am not sure about what the law is up there in Penn. but I would find this information out, give the tenant notice ( tact on door, mail, etc.),enter the property and inspect to see if it appears that your tenant is in the wind. Regardless of doing this or not, I would still file the dispossess on them if they are that far behind on the rent. We don't let our tenant go out any further than 30 days without paying rent.

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  • Savannah Leigh
    Real Estate Investor · scranton, PA · Member since 2010 · 174 posts · 14 votes
    13y

    Consider it abansoned. I am a pa landlord

    First of all post notice on door. 24 Hour notice of entry. Go in and photograph evidence of abandoned.

    if its in your lease (a clause of abandonment) then go re rent it. Dare them to sue you

    Or go to magistrate. File and take the pictures tocourt

    be prepared to showjudge cell phone not in service message. Bring lease etc

    IF YOUR LEASE HAS NO WAIVER TO QUIT clau. ..I would skip the court (I actually normally take the chance anyway if they like took all their stuff) no waiver is a longer process

    if they left too much stuff to make it clear...go to court for nonpayment,

    next time, file the 3red day after first month is late. Never wait,

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