Where can I find the proper procedure to evict tenants in Pennsylvania?

My tenants are 15 days late and giving me the run around. I have been searching the internet but I haven’t found what I need. Can someone please point me in the direction of the proper procedures and forms necessary to file for eviction and also for recovery of rent? They have the money to pay, but I get the feeling they want me to evict them because they never planned on staying that long. Can I sue them after they are evicted for the remaining 9 months of the lease? I’m in a college town and won’t be able to find new tenants until June 1st 2008. Any help would be greatly appreciated I’m obviously new to this.

Posted in Pennsylvania Landlord Tenant Law.

7 Comments

  1. As a previous renter, yes you can sue them for the remaining term of the lease if they move out before the lease is broken. I’m not sure if you can sue them if you evict them. I believe that may come back on you. However, to evict them, you should be able to go through your local codes enforcement office to get more information on the procedure you have to follow for that area. Make sure you have a lawyer and everything documented. Make sure you’ve given them notice that they’re late and make sure it was sent certified mail. If you post it on their door make sure you take pictures of it posted on their door. If you don’t want to evict them for the fact of them wanting to leave early, force their hand, make them leave early and then sue them. Sorry i can’t be of much more help. Good luck

  2. You can get the info through your city hall office of housing and urban developement good luck been there and done that.
    This office offers a handbook of the how to and how not to’s of evicting tenants.

  3. The way to go about this depends on your lease. PA is a state where tenants can sign away their notice to quit. If you have that the tenant waives his right to notice in your lease then you can send a demand letter stating to pay or you will file for eviction. Send it certified mail, return receipt requested.

    If the tenant’s have NOT signed away their notice to quit then you should immediately post a 30 day notice for the tenant. They picked the right time to choose to stop paying. From April 1 to September 1 you only have to give 15 days notice. From Sept 1 to April 1 you need to give 30 days notice. To give notice you are allowed to do it in person, by mail or by posing it on the premises. It’s best to bring a witness if you will be posting on the premises to giving it in person to avoid the he said/she said in court.

    For the eviction you should include the remainder of the lease term. This is a touchy situation because you must continue to try and find new tenants during the entire time the place is vacant. If you are found to not be advertising, returning calls, showing the property then you will be in trouble.

    As for collection, good luck. Collecting money from people is not easy in this state and i would gather you’ll not see any money until these people go to get another place or buy a house. You stated you are in a college town, hopefully you had the parents co-sign the lease so you can drag them in to court also. I hope you have enough cash to carry the property until next June.

    One thing, the courts are sticklers for making sure that things are done according to proper procedures here in PA. If you do something incorrectly or without giving the proper number of days, the court will cancel it and you will have to start all over. Since this is your first eviction I would get an attorney involved who knows PA evictions. A general practice attorney will not work here as they may not know the intricasies of PA evictions.

    Joining a local landlord association is very helpful when situations like these arise. They can provide guidance and also make recommendations on lawyers, leases, etc. I’m not sure which college town you are in but I have heard great things about HAPCO (http://www.hapcoassoc.com/) for the eviction, I have never had to use them (knock on wood) but I’ve kept the website http://www.evictionsunlimited.com/ bookmarked in case it ever came to it.

    I’d also check out some websites of other landlords for some insights. Personally I am biased towards http://weblogfor.us/

    Good luck!

  4. The procedures and steps required are governed by the landlord tenant laws of your state. Besides getting some legal advice in your area, you might want to review these links for the procedure
    LANDLORD TENANT ACT: http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf#search=%22landlord%20tenant%20act%20Pennsylvania%22
    Pennsylvania Human Relations Commission
    http://www.phrc.state.pa.us/
    You might also want to visit this link to see what pamphlets and other information they have on the subject
    State bar Association: http://www.pabar.org/
    Best of luck on your research

  5. Hi,
    Sorry to hear that you are going through this process. Most states have Landlord Tenant laws that pertain to that State, so please check with your State to understand the process. In Vermont the Landlords of our State are going to change these laws because the laws discriminate against the Land owner, and strip them of their property rights along with loss of rent income. This doesn’t include the damage loss which could run into the tens of thousands. For all Vermont Landlords that see this and know this please go to gopetition.com and type Landlord at the search line, and you will see our petition come up. Please sign it, and pass this idea on to all Land lords across the country so we can get our property rights restored. As small business owners we too have the right to grow our business without the laws playing into the hands of thieves and deadbeat tenants that strip us of our profit and property. Maryland has “Rent Court” to protect the Landlords and Property Owners from the very thing you are going through now. They have made it a criminal act to steal from Landlords or damage their properties. This should be done everywhere! Please all Landlords should read this petition and sign it for the advancement of ALL our property rights!

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