Pennsylvania notice to quit or non-renewal

Pennsylvania notice to quit or non-renewal

Member since 2018 · 57 posts · 25 votes

I purchased a multi-family two months ago and inherited a tenant whose on a month-to-month lease. He's a month late and is not communicating. 

I posted the notice to quit (due to non payment) about ten days ago. I'm not sure if this is the best route to go. 

I was wondering whether to proceed with the eviction process due to the non-payment, or just post a non-renewal letter. From what I've seen, I'll have to wait 30 days after the non-renewal is posted. Any suggestions? Thanks! 

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Property Manager · Williamsport, PA · Member since 2020 · 93 posts · 74 votes
5y

Where you are in Franklin County I am only aware that you are under the CDC eviction order which is now in effect through Jan 31, 2021.  In order to be protected from eviction for non payment, the tenant must qualify under the order, submit the declaration to you and adhere to it, including making timely partial rent payments.  I have successfully evicted several tenants since the end of August under this CDC order for non payment.  I have had some courts tell us to mail in the complaints and filing fees, but nobody has turned us away.  I am aware that Philadelphia is a whole other story and this wouldn't apply there.  If have seen this a million times, and you think you can avoid the expense of an attorney and eviction.  The only savings you can get at this point is to do it quickly.  Rip the bandage off, take your lumps and get a qualified tenant when you re-lease. My best advice is to get an attorney and evict asap.  

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  • Rental Property Investor · Colorado Springs, CO · Member since 2020 · 433 posts · 284 votes
    5y

    What is the status on evictions in Pa.? Not sure how long the courts will take at this point. If you post the non renewal at least you have a starting point. That being said , seems like the earliest you can count on is Feb.1st.for replacing this tenant

  • Member since 2020 · 5 posts · 1 vote
    5y

    I have a tenant who is a month late as well and is not communicating either. I also live in Pennsylvania and currently at least in my county the courts arent processing any eviction case for any reason until march 1 . They just keep kicking the can down the road. Her lease is up next month so im gonna just post a non renewal notice on her door and hopefully she will move out on her own. If she doesnt then is really nothing i can do about it . Im very concerned and frustrated about this. Nobody help us .  I would recommend you to post a non renewal lease and if you get a chance to stand to a judge then say that you need to move in to the property yourself , if you say that you are evicting for non payment then you will have zero chance to win.  Good luck , we need it.

  • Member since 2018 · 57 posts · 25 votes
    5y

    @Jerry Lewis

    Wow, I’m sorry to hear this. What county are you in Jerry? My property is in Franklin County.

    That’s pretty frustrating. They way I read the moratorium is that tenant must prove that they are at a loss of income DUE TO COVID.  

  • Member since 2020 · 5 posts · 1 vote
    5y

    My property is in Lackawanna County. And thats correct that they must  to prove hardship but only  if the judge decides to allow you to challenge their statements.. The biggest problem for me here is that the courts are locked up and not hearing evictions cases. They are again in judicial emergency until february 28 . I might be able to get a hearing or do  something online? I dont know but im looking into it for in case my tenant doesnt move out by next month.  Im not an expert and i have never evicted anyone before but i just tell you what i know because i see we are going through the same. This doesnt look for property owners, this is a mess.

  • Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
    5y

    Tempting to come here for the easy answer, but the hard truth is you need to go and learn your specific laws like yesterday. Most places have this information available online, for instance usually the statutes and sometimes even specific landlord/tenant law guides published by the government. Sometimes you can find publishers that have looked into it and have written a book. This forum is about the worst place to find this type of information, unless you get lucky and find a person who a) is from your same locale and b) understands what they're talking about. If you can't seem to find the information you seek, perhaps a few bucks to a lawyer for a consult would be a good investment. What is true in all cases in all locales is this, time is of the essence and cases not brought forth in the right way are almost always thrown out. Tick tock.

    Good luck.

  • Property Manager · Williamsport, PA · Member since 2020 · 93 posts · 74 votes
    5y

    Where you are in Franklin County I am only aware that you are under the CDC eviction order which is now in effect through Jan 31, 2021.  In order to be protected from eviction for non payment, the tenant must qualify under the order, submit the declaration to you and adhere to it, including making timely partial rent payments.  I have successfully evicted several tenants since the end of August under this CDC order for non payment.  I have had some courts tell us to mail in the complaints and filing fees, but nobody has turned us away.  I am aware that Philadelphia is a whole other story and this wouldn't apply there.  If have seen this a million times, and you think you can avoid the expense of an attorney and eviction.  The only savings you can get at this point is to do it quickly.  Rip the bandage off, take your lumps and get a qualified tenant when you re-lease. My best advice is to get an attorney and evict asap.  

  • Member since 2018 · 57 posts · 25 votes
    5y

    Thanks @Jennifer Ruelens

    yes, as far as I know, the only order that we’re under is the federal Jan 31st. I called the court, they advised that they are not hearing cases until then. Unless it gets pushed back again. The property is at the southern point in the county, in blue ridge summit. 

    Any suggestions for an attorney? 

    thanks!

  • Property Manager · Williamsport, PA · Member since 2020 · 93 posts · 74 votes
    5y

    Yep, I highly recommend either Brett Woodburn at Woodburn Law or Steve Williams of Cohen Seglias Pallas Greenhall and Furman PC. Both in Harrisburg.  

  • Member since 2018 · 57 posts · 25 votes
    5y

    Awesome. I’ll reach out now. Thanks! 

  • Deland, FL · Member since 2017 · 2k+ posts · 1k+ votes
    5y

    To me $300 to an Atty to handle this is well worth it

    If it takes a few months to get them out and/or there is damage above security deposit a d last month Then another $300 to the Atty to Sue for back rent.  A few years later when the renter applies for credit your notice shows up


    it gets paid off with interest and you get a pleasant surprise  check in the mail 

  • Member since 2018 · 57 posts · 25 votes
    5y

    @Michael Plante

    $300 would be amazing, however I’m being quoted 1500-2000 here in Waynesboro and Chambersburg.

    Our local court isn’t hearing any cases until the Jan 31st deadline is up. However, with the new administration, it very well may get pushed back. Pretty scary knowing that any tenant who wishes to not pay, may legally do so.

  • Deland, FL · Member since 2017 · 2k+ posts · 1k+ votes
    5y
    Originally posted by @Michael Bridgett:

    @Michael Plante

    $300 would be amazing, however I’m being quoted 1500-2000 here in Waynesboro and Chambersburg.


    Our local court isn’t hearing any cases until the Jan 31st deadline is up. However, with the new administration, it very well may get pushed back. Pretty scary knowing that any tenant who wishes to not pay, may legally do so.

     YIKES!


    im actually letting houses go vacant because of all this.  And now selling to take some profits 

  • Investor · Frederick, MD · Member since 2016 · 352 posts · 194 votes
    5y

    @Michael Bridgett I've used Robinson & Robinson and they've done good work and are a fair price. They're just over the PA line in Hagerstown, MD but I would be sure they do work in PA and are well versed in PA standards.

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