How must a Notice to Quit be served to a tenant in PA? Can it be given to their atty instead of the tenant?

Landlord / Tenant Real Estate

Is sending an email to the atty of the tenant sufficient, or must it personally be given to the tenant by mail, etc.?

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Attorney answers (2)

Contributor Level 16
 
Answered July 24, 2010 12:08. The LLT Code says it has to be 1) handed to the tenant, 2) posted of the door or 3) slipped under the door. That said the District Judges would probably treat e-mail to the lawyer as sufficient.
DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
James S. Tupitza
212 West Gay Street
West Chester, PA 19380
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Contributor Level 14
 
Answered July 25, 2010 12:29. Don't take the chance that the case will be thrown out, if not at the district magistrate, then at arbitration, by relying upon defective notice. There are cases that interpret the Landlord & Tenant Act to mean what it says. Hand the tenant a notice to quit and start again.

On the other hand, before you do, check your lease. Many leases contain waivers of the notice to quit. If your lease contains such a provision, your notice was given as a courtesy, not a prerequisite to your suit.

Clifford L Tuttle, Jr
Attorney at Law
Pittsburgh, PA
412-228-0411
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