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Can my landlord file eviction with magistrate if I paid after notice to quit?

York, PA |

In March, my landlord gave me a notice to quit. After discussion with her, she agreed to me paying half immediately & half the beginning of next month. My lease is up May 1st. I had to call codes on her for not making repairs. We discussed renewing another year's lease but she's currently in foreclosure & never made repairs. On 2nd, I gave her 30-day notice of my moving out, and told her I was withholding the 1-1/2 months rent for nonrepairs. If she repaired before I moved out, I would pay her, if not I wouldn't. I just found out she filed @ magistrate on the 4th for possession. Doesn't she have to give me 10-days notice again before filing with the magistrate?

Attorney Answers 1

Posted

Not as I understand your situation. She gave you notice to quit, and then worked something out with her. She doesn't have to give you a new notice when you renege — she already gave you one.

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Daniel Pollock

Daniel Pollock

Posted

The notice as I understand is to file with the district court. Even if she did file since you will be out within the next 30 days, your hearing probably would not happen until after you had moved out

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