Pennsylvania Law — Educate Yourself

Evicting a tenant is an unfortunate and undesirable part of investing in real estate. Between legal bills, vacancies, loss of rent and time, the financial burden may seem overwhelming — but you can lessen that burden by knowing your rights as the Landlord. Perhaps you have a management company that will handle your evictions, but you should know your rental property’s state and local laws regarding evictions so you can ensure your money is protected and evictions are expedited when needed. The key to a successful eviction is acting promptly. You have heard the phrase “time is money” - and that’s especially true when it comes to evictions. If you wait too long to act — you will find each passing day becomes a very slippery slope and traction is hard to gain when trying to recover financially. The good news is — Pennsylvania is a Landlord friendly state and that makes evictions swift and painless when needed!

In Pennsylvania, the Landlord and Tenant Act dictates the eviction process for rental properties. Every state is different, so be diligent and do your research on the state laws prior to purchasing your next investment. Evictions and vacancy have a direct impact on your profitability. If you purchase in a state that is not Landlord friendly, one bad tenant could ruin your chances of any success. Here are a few questions to research when trying to locate your next investment property.

1. What should you evict a tenant for?

2. What is a notice to quit?

3. How do you file for eviction and what is the timeline until possession?

4. What happens to personal belongings left behind?

Why evict a tenant?

Landlords can evict tenants for two main reasons: nonpayment of rent or lease violations. Nonpayment can be categorized as any bill not paid per the lease agreement including but not limited to rent, utilities, and fees. Violations are any act that does not comply with the agreed terms of the lease — such as by keeping a pet in the home when the lease prohibits it, allowing a person who is not on the lease agreement to live in the home, or illegal activity.

In addition to nonpayment and violations, landlords can also evict a tenant for “holdover.” This is when a tenant continues to occupy the premises after the term of the lease has ended. If the landlord continues to accept rent payments, the holdover tenant can continue to legally occupy the premises. If this occurs, and if a new lease is not signed, the length of the new rental term is then dependent on each state’s laws. In Pennsylvania, the term is month-to-month. Once the landlord no longer accepts the continued payments, they can begin the eviction process.

Notice to Quit

Landlords may not take self-help measures, such as changing locks or removing tenant’s property, to force a tenant to move out. Instead, they must follow specific procedures beginning with serving a “Notice to Quit” on the tenant. A Notice to Quit is a document delivered by the landlord to the tenant notifying the tenant in writing of the violation and it provides a specific number of days to cure the violation or move out of the property. The notice can be delivered personally to the tenant, or posted to their door or at another visible location at the property. If the notice is posted for nonpayment of rent, the tenant is given the option of paying the rent or moving out by the deadline specified in the notice. If it is posted for a lease violation, the tenant’s only option is to move out by the specified date.

The deadline by which the tenant must move out (the date specified in the Notice to Quit) depends on the reason for the termination:

• Nonpayment of rent — Pennsylvania law requires that the tenant be given 10 days from the date of being served the Notice to Quit to either pay the rent due or move out of the property.

• Violation of Lease — For lease violations, the landlord must give the tenant 15 days to move out for lease terms of one year or less, or 30 days for leases of one year or more.

You can expedite the eviction process but simply putting a waiver of a notice to quit term in your lease. Generally, it would say something like- tenant gives up or waives their right to a notice to quit by signing here. In this case, as soon as a violation is found, for any reason, eviction proceedings can begin. This is the quickest method to dealing with a problem tenant.

Filing for eviction

Once the violation occurs or the Notice to Quit deadline has passed, the landlord may file with the magisterial district office. The magisterial district judge's office will schedule a hearing in about 7 to 10 days from the date the complaint is filed. The landlord may ask for possession of the property or money for unpaid rent and damages to the property or both.

The judge will make a decision, either at the hearing, or shortly after the hearing — this is known as a judgement. There are two types of judgements — pay and stay or a possession order. Tenants in Pennsylvania have the right to pay and stay under the Landlord and Tenant Act. This means that a tenant can make payment up to the actual time of the eviction and remain in the property. If payment is received, the landlord may not seek possession. The law requires a tenant to pay “rent in arrears and the costs.” Simply put, the tenant must pay the judgment amount plus the landlord’s costs to be able to remain in possession of the rental property. If the judges grants possession of the property to the landlord, the tenant will be given 10 days to leave the property. Keep in mind, in either case, there is a 10 day waiting period in which the tenant can appeal the order. Once the 10 day period is up, if the tenant has not paid in full, appealed the order, or vacated the property, the landlord can file for an order of possession of the rental property. If the tenant has not moved by the date set forth in the order for possession, a constable or sheriff's deputy will forcibly remove them at that time.

Abandoned Possessions

A recent amendment to the Landlord and Tenant Act (Act 129 of 2012), established new rules for a tenant trying to retrieve personal belongings left at a rental property. If the tenant has been evicted from a rental property, they are still able to retrieve their belongings, but only for a very limited time. The new law gives tenants 10 days from the date of eviction to contact the landlord about retrieving any personal property. The tenant then has 30 days to retrieve that personal property and the landlord may keep the personal property at a site of their choosing. If the tenant fails to contact the landlord within the first 10 days, then the landlord can dispose of all the personal property.

How to PREVENT an eviction

I never want any investor to experience an eviction, but unfortunately that risk comes along with the reward of investing in rental properties. I have complied a list of “best practices” to help aid in avoiding an eviction.

• Being fair, but firm. You must be firm with your tenant from the get-go in hopes of preventing an eviction down the road. Have a solid lease agreement, be sure to stick to the terms of lease, and be consistent with all tenants.

• Nonpayment must be acted on quickly. Remember that if a tenant does not pay within the first few days of their due date, it can turn very quickly into months of no income from that unit.

• Have the right connections. Build relationships with those who deal with evictions at your local courthouse. Every judge is different and knowing how he or she typically rules can be beneficial.

• Stay “in the know”. Landlord tenant laws change. Get to know the law in your state and stay current on the changes.

• Hire a property manager. It goes without saying — you need a property manager. They are worth their weight in gold when it comes to avoiding evictions in the first place.

If you do nothing else, make sure you do these two things — get legal advice and have an ironclad lease. Do not wait for a problem to arise to learn how to deal with it. This is the moment to be proactive and make sure you are protected so you can be successful in your investment goals. Having a solid lease, being well versed in the Landlord and Tenant Act, and staying up to date on the latest information will set you up for success. I hope you never have to evict a tenant but if you do — take my advice and act quickly!

NOTICE: This article is not a substitute for legal advice and you should consult an attorney.