What action can I do to remove tenants no longer under lease agreement?

Asked over 1 year ago - Avis, PA

I have tenants who are delinquent with rent and other breaches of their lease. The lease expires on March 8, 2013. I have notified them tree times (in writing) that they must vacate at the end of the lease. The language clearly states that, as landlords, we have no intention of renewing their lease and they must vacate. My latest letter was sent via 'signature required' certified mail. My concern is that they have no intention of vacating based on recent additions to the property that they have done in spite of the lease expiring in two weeks. What action can I do to fast track their removal at the end of the lease?

Attorney answers (2)

  1. Nellie T. Schulz

    Contributor Level 13

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    Answered . In order to go to civil court to evict tenants, you must first have given your tenants a "Notice to Quit." The Notice to Quit simply tells the tenant why he must relinquish possession (in your case, the lease has terminated) and then give him a specific date on which the tenant must relinquish posession, including taking all and I mean ALL of their possessions with them. If the rent is delinquent, you may give them 10 days to move out. If the basis of the termination is a default or the termination of the term of the lease, THEN: if the lease that has terminated was for a year or less, the tenant gets 15 days to move out and if the lease was for a term of more than a year, then they get 30 days to move out. If, the tenant does not move out by the appointed time, then you may file a complaint with the justice of the peace who shall issue a summons which contains the contents of the compaint and directs any writ server, constable or the sheriff of the county to summon the tenant to appear before the justic of peace and answer the compaint on a date "not less than 7 more more than 10" days from the date of the summons. The summons may be served personally on the tenant or by mail or by posting it conspicuously on the leased premises. When the appropriate time has passed, you will then have your day in court. You should engage a real estate or litigation attorney do write the court papers for you.

  2. Robert John Carey

    Pro

    Contributor Level 12

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    Lawyers agree

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    Answered . Attorney Schulz has given you a thorough recitation of the law. I assume you mean May 8, 2013 and not March 8, 2013. You must also review the lease to see if the renewal is automatic unless you refuse to renew within a set number of days. Since you claim a current default, you should be heading to the local DJ as you read this to start the process as soon as possible. If you wait until there is no lease in place, and there are complications such as the addition you mention, you may have to file a Quiet Title or Ejectment action in Common Pleas Court, which will be much more expensive.

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