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In PA: We are currently renting a 1 bd apt to a young man who was my husbands friend. We have a verbal agmt with him to pay his rent weekly. (I know, I know... stupid - but he was living at another one of our properties and seemed really reliable) anyway... several weeks ago, he moved in his new girlfriend and her two small children (without telling us in advance). At that point we nicely told him that he cannot have 4 people living in the small 1 bedroom apt and that he should find someplace more suitable for a family. He stated that he would do that, but he would need to save up money for a deposit. So we decreased his rent by $50., because at this point we just want them out. Since then, he has not been able to hold a job, his girlfriend doesn't work and they have not been paying rent on time or even at all. We have been trying to work with him but have come to the conclusion that we're being screwed. We have told him that they have until the 1st of January to leave and he states that he understands this and will be out, but I don't believe him.
I have called our local magistrates office and asked them what we can do, but they stated that they couldn't help me with that, and that we should find an attorney. I've worked in property management several years ago and since then have been doing fine on my own, but I've always had a written lease agreement to fall back on, and the laws are very clear for written agreements. However, I can't seem to find any information on verbal, weekly paying agreements.
Has anyone ever been in this situation before? Does anyone have any suggestions? Any help would be appreciated, even if you can point in the right direction for finding the information. I have no problem doing my own work.
thanks!
You can hire a lawyer, or you can do it yourself. Research on the internet what you have to do in your state. I would call a lawyer, find out how much an eviction will cost, and how long it will take. Then I would offer the tenant money to move out right away. He will get some money in his pocket, and avoid having an eviction on his record - which is a big plus for him, unless he already has bad credit and a history of prior evictions, which I bet he does. You get your apartment back. If he won't move out and take the money, you have to start a formal eviction proceeding with the court, and it's going to take at least two months, from what I'm finding on line. If there is no written lease, he is assumed to be on month to month.
I have to agree with your observation that you're being screwed!
He's paying rent weekly but (I could be wrong but I don't think so and it depends on your state landlord tenant laws which you'll find linked in the first "sticky" on this page) I think you can safely treat him as a basic month to month tenant (no written lease required). Give him an official 3-day notice to pay or quit and if he doesn't pay what's outstanding you can then file eviction against him. You're too late now to give him 30 days notice to be out by January 1st but you CAN give him written notice now to be out by 30 (or again whatever you state law degrees) days from now. If he doesn't move out when he's been told to do so then you can immediately file eviction. So you pretty much have a choice of the lesser of two evils.
That notice that he has to be out by the first of the year had to be in writing. If you didn't do it in writing, then give him a 30 day notice in writing right now.
If he hasn't paid rent, also give him his pay or quit notice for no payment of rent. You can start an eviction sooner than the 30 days if he doesn't pay when he gets the pay or quit.
For future reference, reducing the rent is not how you induce a tenant to move out.
That notice that he has to be out by the first of the year had to be in writing. If you didn't do it in writing, then give him a 30 day notice in writing right now.
If he hasn't paid rent, also give him his pay or quit notice for no payment of rent. You can start an eviction sooner than the 30 days if he doesn't pay when he gets the pay or quit.
For future reference, reducing the rent is not how you induce a tenant to move out.
This is good advice. You have 2 options, as stated above. All notices to move out must be in writing to be enforceable. If he doesn't leave by the time the 30 days is up, then you follow steps to evict. First step is 3 day notice to quit(or whatever your state specifies), then file eviction.
Other option (I would do the 30 day notice as well)...is to start with eviction immediately when he doesn't pay rent by the grace period. See what your state law says about default grace period. Some states define it in their law and others don't.
Also when you evict you must evict the girlfriend as well in order to legally get her out. You need a lawyer for that.
Another option...Offer him "cash for keys". Google this term. Tell him you will give him $250 if he moves out by MM/DD/YYYY. I think this will work since his real issue is needing money to move. DO NOT give him the money before him and his girlfriend are 100% moved out and keys given to you. Don't give them security deposit back until they are moved out and you approve of condition of property when it's turned over.
You have received some good advice so let's just close some holes.
In PA, the minimum notice is 15 days, so you only have to give them a 15 day notice if they pay rent on a 15 day or less day cycle. Once you give that 15 day written notice, you can commence the eviction process if they don't move after the 15 days. You can offer any incentive (financial or other) you like to facilitate their moving out. The more you make it easy for them to move, the more likely they will move. Pretty much everything is on your side.
There is one thing that could cause a problem. You wrote that you told him "that he should find someplace more suitable for a family" I hope you did not actually use the wrod "family" because thats a No-No! The Fair Housing Act is a federal law that protects people from descrimination related to their family status in housing. Normally it would not be an issue since the law has exemptions for the "small" landlord. However, PA has enacted legislation that replicates the federal Fair Housing Act in state law and extrends the protection to all housing with no limitations or exemptions. Although you would still be within your rights to terminate the tenancy for whatever legal reason you have such as wanting to renovate, the tenant can make it difficult for you if they suddenly make some claim or complaint that you are throwing them out just because of their family status. How likely? well you know best if they are the type that could find out about this and use it.
You may want to sweeten the pot from the get go and just get them out.
I was asked to leave my apartment 3 day notice but the landlord gave me till the end of the month 2 wks my new apt was not ready so paid by the week 1 wk does that make the eviction null ? they want $600.00 for breaking my lease live in nevada
I was asked to leave my apartment 3 day notice but the landlord gave me till the end of the month 2 wks my new apt was not ready so paid by the week 1 wk does that make the eviction null ? they want $600.00 for breaking my lease live in nevada
when landlord weeks go until apt lease nevada only month eviction till wks ready
when landlord weeks go until apt lease nevada only month eviction till wks ready
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