The notice gives the tenant time to either rectify the problem or to vacate the premises. (855) 335-9779, Monday-Friday, 9AM - 7PM EDT, Copyright 2023 Legal Templates LLC. If a renter has engaged in illegal activity while on the property, the landlord can give the renter a 10-Day Notice to Quit before beginning the eviction process. The landlord can serve those who have lived on the property for more than a year with a 30-Day Notice to Quit. If you live in Northern Ireland or Scotland, your landlord must follow different procedures to evict you: Periodic tenancies run on a week-by-week or month-by-month basis with no fixed end date. If you have an excluded tenancy or licence (for example you live with your landlord), your landlord does not have to go to court to evict you. Most frequently eviction consists of ousting a tenant who has breached the terms of a lease or rental agreement by not paying rent or a tenant who has stayed (held over) after the term of the lease has expired or only had a month-to-month tenancy. If they do neither, the landlord can begin an eviction lawsuit. An eviction notice in Pennsylvania takes effect the day after it is served. week-to-week or month-to-month), regardless of the length of tenancy. The landlord must provide the tenant with a notice to quit giving a reasonable amount of time to vacate the property, explaining why they must vacate, and letting the tenant know if there is anything they can do to resolve the situation if they wish to stay. Well send you a link to a feedback form. Your council can take action if your landlord has evicted you illegally. The tenant may pay all overdue rent and any court costs to stop an eviction if the lawsuit goes to court. This order only applies for eviction matters related to nonpayment of rent, or when the renter has overstayed their lease. If either party does not show up, the case is typically decided in favor of the party that does appear. They must serve the tenant with a written notice and formally file an eviction proceeding in court. Please note that the language you see here may change In this instance, a renter does not have the option to stay. Upon receiving, the tenant will have a specified number of days to either comply or vacate the premises per state law. They must resolve the nonpayment within this notice period or move out. In addition, landlords do not need a separate reason to evict tenants whose leases have expired. As a landlord, its best to try to avoid no-lease situations as much as possible. It depends on: They can then change the locks on your rooms, even if youve left your belongings there. This notice must be a 10-day notice if he/she is evicting you for nonpayment of rent, or 15 days if the eviction is for breach of the lease or end of lease term. All days during the notice period are counted. While cash for keys can speed up the process, the best way to avoid eviction is to make sure you always have a lease in place and screen all tenants before signing an agreement with them. Questions? You will also be required to follow the legal eviction process. How do I file an eviction notice in Pennsylvania. Landlord-Tenant Laws on Withholding Rent in Pennsylvania, How to File an Eviction Notice to a Live-In Boyfriend in Pennsylvania, Community Legal Service of Philadelphia: The Eviction Process in Philadelphia County, Pennsylvania Legislature: 1951 Act 20 Section 503 Hearing; Judgment; Writ of Possession, HUD.gov: Know Your Fair Housing Rights When You Are Facing Eviction, Pennsylvania Legislature: 1951 Act 20 Section 505-A Use of Illegal Drugs, Pennsylvania Legislature: 1951 Act 20 Section 501 Notice to Quit, Attorney General.gov: Consumer Guide to Tenant and Landlord Rights. However, the law does change, sometimes quickly and unexpectedly. Eviction for No Lease or End of Lease In Pennsylvania, a landlord can evict a tenant without a lease or with a lease that has ended (known as a "holdover tenant" or "tenant at will"). No fault of the tenant (s): No notice is required by law. Just as there are some legal reasons for eviction, there are also several reasons that you cannot use to justify asking a tenant to leave your property. 15/30 Day Notice to Quit (Non-Compliance) This form can be used when a tenant is violating the terms of the lease other than non-payment of rent. The clerk will issue a Summons which will be used to inform the tenant of the trial information. A family member - maybe a parent, a sibling, a child, a cousin or anyone else - needed a place to stay or help was needed with the rent. Illegal Drug Activity If the tenant is convicted of committing illegal drug activity on the premises of the leased property, or if a controlled substance is seized from the tenant while on the premises of the leased property, the landlord shall provide the tenant with a 10-Day Notice to Quit. If the tenant refuses to comply with this request, you can then proceed to an eviction hearing in your local court jurisdiction. If the notice does not follow the law, you can ask the Magisterial District Judge, at the eviction hearing, to dismiss the Landlord/Tenant Complaint filed by the landlord. Even if the court decides in your favor, it is possible that you will not be able to get any money back from the tenant to cover damages or unpaid rent. A squatter may be someone you previously rented your property to and they then stayed beyond the end of their rental contract. If the landlord wins the judgment, they can issue an order of possession after ten days. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. At the end of the hearing, the judge will decide what happens next. The Pennsylvania eviction process begins when the tenant breaches the lease or rental agreement. We write helpful content to answer your questions from our expert network. This writ lets the renter know they are being physically evicted from the property on or after 11 days after it is served. Customize your own printable eviction notice with our step-by-step template designer. Before a landlord can start filing an eviction, the landlord must give the tenant a 10-Day Notice to Quit. The tenant will have a chance to explain why they deserve to stay. The landlord may ask for possession of the property, money for unpaid rent and damages to the property, if any, at the hearing. [2]. Keep that in mind and move forward to regain control of your living situation. Can you evict a tenant without a lease in Pennsylvania? THE NOTICE TO VACATE MUST BE SERVED UPON THE TENANT IN A CERTAIN WAY. It addresses the lease termination date. Every state has procedures for how to do a no-lease eviction. How Much Time Does A Landlord Have To Give A Tenant To Move Out? Be sure to double check your local requirements. The landlord must arrange to have the Summons served to the tenant by the local sheriff or a constable (a fee will be required). As long as theyve given you correct notice, they can apply to the court for a possession order. The Magisterial District Judge will make a decision, either at the hearing, or within 3 days after the hearing. A notice to quit is an official way of letting someone know by what date they must leave a property. They may also have specific additional components. A landlord may not evict a tenant for certain actions, according to the federal Fair Housing Act and the state of Pennsylvania. In official eviction documentation, you will need to explain how the no-lease situation arose between yourself and the tenant and the basis for your unwritten understanding. Tenants who have been living in a property for more than one year will need to be given 60 days to vacate. The length of the lease dictates when the landlord asks the renter to leave. It doesn't apply to evictions for other breaches of a lease. What about tenants that you allowed to live in your property beyond the end of their lease, or without having their original lease, but you would now like to evict? A tenant can be evicted even if they do not have a written lease. If you are a tenant facing eviction, resources are available to help you. Pennsylvania 10-Day Notice to Quit for Non-Payment of Rent To help us improve GOV.UK, wed like to know more about your visit today. By Pat Krueger As defined by RentLaw.com, eviction is a legal proceeding through which a landlord seeks to reclaim his premises by removing a tenant from a building. In Pennsylvania, landlords must give tenants 10 days to pay rent before eviction can proceed in court. We also use cookies set by other sites to help us deliver content from their services. The property address and any lease period information, The landlord name and contact information, Why the notice to quit is being sent (lease expiration, agreement violation, nonpayment of rent, etc. Because there is no long-term lease agreement, this is the extent of notice that you need to give to a tenant-at-will. If they do, the tenant could sue them. Even though you do not have a written lease, your state law will consider that you have an oral agreement with the tenant. Month-to-month tenants of at least one year must be given 30 days' notice. A Pennsylvania 30 Day Notice to Vacate is a lease termination letter served by either party to terminate a lease with a term of more than one (1) year. 15-Day Lease Termination: Use this notice to let a tenant know that youre ending a lease and that they must prepare to leave your property. Therefore, it is important to read any lease you are being asked to sign very carefully. If there is no lease, or if the lease does not provide information on month-to-month lease termination without cause, it is generally acceptable for the landlord to provide the tenant with a 30-Day Notice to Quit. So what to do now? Your landlord will have to follow different rules to evict you and youll have increased protection from eviction. The tenant has the option to pay the rent balance due or vacate the premises within ten (10) calendar days. Another type of tenant without a lease who you might be trying to evict is a squatter. I rented a room in my home to a man who only paid 125 of the. According to 250.505-A, an act constituting illegal drug activity occurs when the , The Pennsylvaniafifteen/thirty (15/30) day notice to comply or quitis meant to be used by a landlord to inform a tenant that they have broken the lease terms. If you wish to send a letter simply reminding your tenant that rent is late (without the threat of eviction), use a late rent notice. 10-Day Notice to Pay Rent or Quit: Use this notice to evict a tenant if they havent paid rent on time. Not every landlord will want to deal with this process, and some may even be willing to lose money to avoid eviction procedures. If the tenant does not leave the property by the specified date, its time to file for an eviction hearing. Determine if your reason for wanting to evict a tenant without a lease is legal or not. If the court gives your landlord a possession order and you still do not leave, your landlord must apply for a warrant for possession - this means bailiffs can evict you from the property. A judicial day is a day when the courthouse is open. If the court sides with you that the squatter should be removed, you can use the court order to have them removed from your property by the authorities. By state law, the official first step in the Pennsylvania eviction process is to send a violating tenant one of the following eviction notices: A 10-Day Notice to Quit for Non-Payment. The notice must also state the landlords reasons for evicting the tenant. Evicting squatters is very similar to evicting renters. How is a family member evicted in Pennsylvania? Download: Word (.docx) or Adobe PDF After your pre-defined notice period is over, the actual eviction can take 1 to 2 months. Even when there is no lease between a landlord and a renter, a legal tenancy still exists. To evict a squatter, you still need to give them notice that you will be filing a suit for eviction. An eviction notice, or notice to quit, is sent by a landlord to inform a tenant that they have committed a lease violation that could result in default. But in places where you would refer to the conditions of the lease, you should refer to the conditions of the unwritten contract between you, whether this is a verbal agreement, information in a lease that has now expired, or agreement based on precedent (what you and the tenant have been doing for an extended period of time). Remember, a written lease can waive or change these notice requirements. Non-Compliance with Lease Terms If the tenant breaches the lease for any reason other than non-payment of rent or illegal drug use, the landlord must provide the tenant with a 15/30-Day Notice to Quit. They cannot conduct self-help or retaliatory evictions, meaning they cannot take matters into their own hands. For example, unless the lease is three years or longer, or is for a manufactured home community, PA law does not require leases to be in writing (although, it is certainly recommended). In that instance, they landlord files the eviction case in Common Pleas Court and not in a Magisterial District court. 10-Day Notice to Pay Rent or Quit: Use this notice to evict a tenant if they haven't paid rent on time. If you do not leave at the end of the notice period, your landlord must apply to the court for a possession order. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. The amount of time they have to leave will vary depending on the state and situation. If there is a lease violation on behalf of the tenant, the landlord can serve a 15-Day Notice to Quit to tenants at will and tenants on a fixed lease who have lived in the unit for one year or less. The tenant will leave the property, and you will need to do usual cleanup and repairs. The exact policies can vary from state to state, but the general process usually looks very similar. Shelter Cymru has more information about assured tenancies and regulated tenancies in Wales. Non-Payment of Rent The landlord must give the tenant a 10-Day Notice to pay or Quit. Act Fast When Evicting A Tenant Without A Lease, 30-day notice to tenant sample template here, such as the services provided here at RentPrep, Breaking any contract terms or agreements, Owner removing property from the rental market, Discrimination (racial, religious, familial, disability, or otherwise), Retaliation for complaints made or suits brought by tenants, Withholding rent until a health or safety issue is resolved. You will compose a notice to quit or an eviction notice for a tenant without a lease in the same way that you would for a tenant with a lease. A landlord can formally evict a tenant in Pennsylvania for a variety of reasons, including failure to pay rent or the occurrence of an illegal activity. First, the landlord notifies the tenant in writing of the reason for eviction. Let us know what you think of our site or make requests for new content. If you continue to use this site we will assume that you are happy with it. After the landlord formally files their complaint, hearing dates will be set for the landlord and tenant(s). Both parties must uphold written lease or rental agreement terms to avoid violations. The landlord has to follow this law no matter the reason for the eviction. When the tenancy ends, and the renter hasnt left, the landlord can begin eviction proceedings. If the landlord is granted possession of the premises (i.e., if they win the eviction lawsuit), a Judgment for Possession will be issued to the landlord. The court will then serve the Order for Possession to the tenant. 2023, iPropertyManagement.com. Rent in Pennsylvania is considered late a day past its due. A renter making rent payments in court can stop the eviction by paying the amount the Magisterial District judge ordered.