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kattorney
kattorney, Lawyer
Category: Landlord-Tenant
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Experience:  18 years of experience helping clients with landlord tenant issues.
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if i tell my tenants that they can only have their children

Resolved Question:

if i tell my tenants that they can only have their children here one night a month, and they and they are here more than that a month can i evict them
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  kattorney replied 5 months ago.

kattorney :

If this provision is written into the lease, then they are in violation of the terms of the lease and you can evict them

kattorney :

Do you have a written lease with these tenants? If so, does it specify the number of residents? Does it address the children being there?

kattorney :

And finally, does the lease have a provision that states if terms of the lease are violated the tenants can be evicted?

JACUSTOMER-k2wwpsze- :

i dont have a sign lease with them,,,they were homeless and i offer them a basement apt, i fixed up in my basement for them to live

kattorney :

As they are just staying there at your invitation, they are not tenants (unless you have an oral lease) and cannot be evicted. However, if there is no lease (written or oral) they do not have any rights as tenants. You can ask them to leave at any time, and if they refuse they are trespassing and you can have them removed.

kattorney :

If you do have an oral lease, you can give them notice that they must leave within 30 days. (Written notice). If they do not comply, you can evict them legally.

JACUSTOMER-k2wwpsze- :

well, they do pay me rent, and we both would agree its an oral lease, nothing in written, so may i ask one more question?

kattorney :

Sure.

JACUSTOMER-k2wwpsze- :

if i wanted them to leave because i wanted to move a friend in and i gave them 30 to 60 days to leave, and they refused, could i evect them, or if i just didnt want tenats any longer???

kattorney :

Yes. What state are you in?

JACUSTOMER-k2wwpsze- :

penna

kattorney :

Ok, give me just a few minutes please.

JACUSTOMER-k2wwpsze- :

sure

kattorney :

In Pennsylvania, for an oral lease, you must give only 15 days notice. You must give this notice in writing, and you have to either deliver it personally or post it on their door. It must state that they have 15 days to move, and the reason for the eviction (non payment of rent, breach of lease provisions, or simply that you have decided to terminate their lease). Since they do not have a written lease with a specified term, you can terminate the lease for any reason you choose at any time you choose so long as you follow the legal requirements.

kattorney :

If they do not leave after you have given them the 15 day notice, you can evict them by filing an eviction action in court.

JACUSTOMER-k2wwpsze- :

wow, thanks!

kattorney :

You are very welcome!

kattorney :

Here is a link to some information that you may find useful as a landlord. This covers many situations, and even if you don't need it now it may come in handy for you later.

kattorney :

http://www.palawhelp.org/files/A50D42DC-FCAA-1883-E79C-9619DF2007FA/attachments/0A0C7D34-FB8A-29A5-1968-BC177E72B162/137821pa_midpenn_LLTPacket.pdf

Customer:

ok, thank you! you been very helpful, have a nice day, bye!

kattorney, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 1142
Experience: 18 years of experience helping clients with landlord tenant issues.
kattorney and 3 other Landlord-Tenant Specialists are ready to help you

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