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Old 04-25-2019, 02:27 PM
 
Location: Allentown, PA
8 posts, read 3,280 times
Reputation: 10

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I live in Allentown, PA and the landlord just accepted my rent for April. He cashed it and then sent me a 30 day Notice to Quit for the late payment of $25.00. Can I be evicted for not paying late fees?
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Old 04-25-2019, 05:32 PM
 
Location: Allentown, PA
8 posts, read 3,280 times
Reputation: 10
ok i really need to know the answer as I can't afford a lawyer. All i need to know is can i be evicted if it is for late fees only. the notice to quit is for breaking a lease provision (paying the rent late and not paying late fees).
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Old 04-25-2019, 08:40 PM
 
572 posts, read 473,938 times
Reputation: 156
Yes. Lease violated !
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Old 04-25-2019, 09:03 PM
Status: "Look right->My Blog Entries:1 for my Top 200 USA Cities" (set 2 days ago)
 
Location: A place that exists, right now.
779 posts, read 548,429 times
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Can't you call your landlord and ask for a one time forgiveness of this late fee and promise to be on time in the future? Wouldn't it just be easier to pay the fee than be evicted and incur moving relocation costs? Perhaps there are other factors at play, like you don't like where you live. Seems pretty silly to be evicted over a minor $25, from both perspectives (for you loss of hosuing and moving costs, for landlord loss of much larger rental income and a tenant). But maybe there is something else you have not mentioned...?
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Old 04-25-2019, 10:00 PM
 
150 posts, read 103,060 times
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A few thoughts on the matter:
Evicting you for not paying the $25.00 late fee at first glance seems awfully petty on the part of the landlord; could there be another, more reasonable explanation for the eviction?

If paying your rent late is a repeat performance then, perhaps, you've worn out the LL's patience and good will. In such a case, the relatively low amount you owe is not the issue but, rather, the straw that broke the camel's back. It seems unlikely that this one late fee constitutes grounds for eviction but, of course, the landlord could, technically, use that excuse to evict you for other reasons. Let's start with that late payment:

If you are late with your rent on a frequent basis, then you are not making a full payment towards your rent. The late fee is usually deducted from the rent first. You know this, I'm sure. You didn't state your payment history with this landlord, but is it possible you've never caught up with late fees from previous months, meaning that you are, in essence, short on your rent each month and, therefore, in consistent violation of the terms of your lease?

As for additional "other reasons" to evict you, it would seem more reasonable for the landlord to simply state those reasons rather than use this $25.00 late fee as the cause even if it did, technically, break the terms of your agreement. I'm guessing that paying late was a pattern, and you possibly owe more than that one modest sum. I know landlords don't exactly relish having to bring tenants into court, particularly for the amount you claim to owe.

Did the Notice to Quit present the option for you to pay that late fee (or cumulative late fees, if any) to avoid eviction? That would mean you had 15 days to satisfy the debt (if you've lived in the dwelling for less than a year) or 30 days if you've been there one year or longer. Have you spoken to the landlord since you received the Notice?

Last edited by StayingAfterSunday; 04-25-2019 at 10:17 PM..
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Old 04-26-2019, 03:36 AM
 
Location: Allentown, PA
8 posts, read 3,280 times
Reputation: 10
Well the lease in PA has to specify the late fee as additional rent which it does not. And that is why I asked can he cash the rent check and then give me a 30 day notice and say he wants the late fee AND i said i just paid my rent for April. for 3 years I have always paid the rent on the 15th even though the lease states by the 3rd. the landlord has never charged me late fees nor has ever asked for the late fee. Until this month. when i changed the locks on the door and subtracted from the rent as I am allowed to do. The locks were changed and the landlord was notified last month i would be doing that and he didn't say a word when I gave him the rent for this month minus the locks and locksmith. I gave him a month to do it himself which is reasonable time. Anyways so you are saying that the landlord can evict me for not paying late payment of $25.00. thank you. I will fight it as a retaliation eviction.
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Old 04-26-2019, 06:41 PM
 
Location: Long Island, NY
1,890 posts, read 2,291,713 times
Reputation: 2510
Quote:
Originally Posted by cchaudhary View Post
Well the lease in PA has to specify the late fee as additional rent which it does not. And that is why I asked can he cash the rent check and then give me a 30 day notice and say he wants the late fee AND i said i just paid my rent for April. for 3 years I have always paid the rent on the 15th even though the lease states by the 3rd. the landlord has never charged me late fees nor has ever asked for the late fee. Until this month. when i changed the locks on the door and subtracted from the rent as I am allowed to do. The locks were changed and the landlord was notified last month i would be doing that and he didn't say a word when I gave him the rent for this month minus the locks and locksmith. I gave him a month to do it himself which is reasonable time. Anyways so you are saying that the landlord can evict me for not paying late payment of $25.00. thank you. I will fight it as a retaliation eviction.

There is no specific law in PA that regulates late fees. They just have to be listed in the lease.

Also, under PA law, you had no right to change the locks and bill the landlord.

Honestly, it sounds like the landlord is fed up with you violating the lease by paying rent late every month and by deducting the costs of a locksmith from the rent....which is not legal in PA unless specified in the lease.

He let you slide on 3 years of paying your rent late ($900.00) and then you had the nerve to deduct late locksmith fees?


BTW....unless you do not have a current lease, he is not EVICTING you. He simply is ending your month to month tenancy, so there is nothing to "fight".
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Old 04-26-2019, 06:55 PM
 
Location: Allentown, PA
8 posts, read 3,280 times
Reputation: 10
well actually i have every right to change the locks based upon repair and deduct and I gave him over 30 days to correct this issue. The locks were changed for safety and privacy reasons which is part of the right to privacy for every tenant and safety issue as per the implied warrant of habitability. So please only answer what you know. I do not have to spell out every issue to ask the original question. The letter he sent with the Notice to quit specifically stated since I changed the locks I now have to start paying late fees, thereby making it a retaliation letter. and he thanked me for changing the locks. But now because i followed thru with changing the locks he wrote I was to start paying late fees every month.
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Old 04-26-2019, 06:57 PM
 
Location: Allentown, PA
8 posts, read 3,280 times
Reputation: 10
Reneez, im not sure what you mean i had no right to change the locks when the law specifically allows for repair and deduct. and the landlord even thanked me for changing the locks. and by the way i have an automatic renewal lease unless 60 days is given.
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Old 04-26-2019, 08:23 PM
 
Location: Long Island, NY
1,890 posts, read 2,291,713 times
Reputation: 2510
Quote:
Originally Posted by cchaudhary View Post
Reneez, im not sure what you mean i had no right to change the locks when the law specifically allows for repair and deduct. and the landlord even thanked me for changing the locks. and by the way i have an automatic renewal lease unless 60 days is given.

Please cite the statute that gives you the right to deduct the bill from your rent.
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