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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35287
Experience:  Attorney over 16 years, landlord 26 years
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Barrister, hope you are having a pleasant evening.I had

Customer Question

Hi Barrister, hope you are having a pleasant evening.I had my eviction hearing today. Some things did not go as planned and I fear the judge is going to deny my request due to a technicality.I gave the notice to quit...I know when we spoke you said 15 days...and in my first letter I wrote 15 days...but the magistrates office told me ten. I questioned over and over and they said, yes, 10 and that I should come back on the eleventh day and file...which I did...which apparently was 5 days early.The judge has not yet ruled on the case...he said it could takes up to ten days. My question is...do I have to wait for his ruling to put another notice of quit on the door? Could I put one on tomorrow just in case he rules in her favor and then it would be saving some time down the road.....Also, before she moved in she did tell me that she works from home....yet the lease clearly states on the front page that "Neither the Property nor any part of the Property will. Ensued at any time during the term of this Lease by Renant for the purpose of carry on any business, profession, or trade of any kind, or for the purpose other than as a private single-family residence." She works as an online tech.I don't like playing dirty...but her lawyer got nasty today...so I'm not really having problems holding back at this point. Besides she lied under oath...Wish I could afford to have you in the courtroom with me.
Submitted: 11 months ago.
Category: Landlord-Tenant
Customer: replied 11 months ago.
I forgot to also ask....her lawyer kept asking me if I knew about the tenants right to waiver or something like that. What does that mean? I don't know what the tenant's waiver is.Lydia
Expert:  barristerinky replied 11 months ago.
Hello again,.Just got back from a little vacation with the family so everything is good, thanks for asking...I hate it when the people who are supposed to know these things get it wrong... My question is...do I have to wait for his ruling to put another notice of quit on the door? Could I put one on tomorrow just in case he rules in her favor and then it would be saving some time down the road......I hate to say it, but I would opine that you would have to wait until the current case is decided before you begin another. A judge would likely rule that the second case was not "ripe for adjudication" because it overlaps a current case and would become moot in the event that you win the current one. .The business prohibition is generally interpreted to mean that a person can't operate a business from their home in the sense that they can't have customers coming and going from the property due to parking and foot traffic. I think that you would have a hard time getting a judge to agree that an online tech is operating a business in the sense of what was intended to be prohibited..What does that mean? I don't know what the tenant's waiver is..I can only guess that he was talking about a "waiver of notice" allowed under PA law that states that it allows you to file for eviction without first having to give the tenant a written posted notice under the landlord tenant act. It can save you weeks in a standard eviction...thanksBarrister
Customer: replied 11 months ago.
Sorry...am really tired and it's been a rough day....I've read the statement about the notice several times but just can't quite figure out what it actually means, or why she kept asking me if I knew about it.From what I am comprehending it sounds to me that that would be in my favor that when I gave her the letter back in Jan. stating I was terminating the lease early that that would trump this 10 day thing....so I guess I'm misinterpreting.And yes, it was very frustrating and upsetting to hear that I was misguided.Where was the vacation....man, do I need one!
Customer: replied 11 months ago.
I kept trying to explain to the judge that this whole thing is having a terrible impact on my health and ability to walk, as I have MS. I can only hope he rules in my favor and I don't have to start all over again.
Customer: replied 11 months ago.
By the way...thank you for the help. I should have double checked with you...but who'd a thought the magistrates office would tell me the wrong thing? I figured...what better source?With proper notice....am I allowed to end a lease early, basically, just because I want too? I mean, do they actually have to break the lease in some way to get them out? Since apparently just calling the cops on me for sweeping out the garage after the workmen finished, may not be enough of a reason.Also, within the lease, it says that I can raise the rent after giving adequate notice. How soon after signing a lease can I raise the rent? Just feeling evil at the moment....so I'm curious. 😄
Expert:  barristerinky replied 11 months ago.
With proper notice....am I allowed to end a lease early, basically, just because I want too? I mean, do they actually have to break the lease in some way to get them out?.Not a fixed term lease. But a month to month yes..Also, within the lease, it says that I can raise the rent after giving adequate notice. How soon after signing a lease can I raise the rent?.If this is a month to month lease and not a fixed term, then you can change the terms with a written 30 day notice at any time. The changes would take effect 30 days from the date of the notice once it is delivered to them...thanksBarrister
Customer: replied 11 months ago.
Good Morning, and again, thank you for all your assistance. I'm still not quite understanding the "waiver of notice". Would you mind explaining it one more time? I'm sure you would...but would you do it anyway?!?!?!? :)
Expert:  barristerinky replied 11 months ago.
Morning...You are very welcome.. Happy to help any time...This is the best explanation I was able to find:.Waiver of NoticeBy Steve Powanda.This is the waiver of notice that should be in your Pennsylvania lease. The language allows you to file for eviction without first having to give the tenant a written posted notice under the landlord tenant act. It can save you weeks in a standard eviction..Waiver (giving up) of right to notice to quit: tenant hereby waives (gives up) any right to notice to quit which may now or at any time during the term of the lease be required by Pennsylvania law, including the landlord and tenant act of 1951, as amended. Tenant hereby agrees to give up possession of the leased premises without further notice from the landlord upon termination of this lease..Disclosure of tenant’s waiver (giving up) of tenant’s rights under the landlord/tenant act: This lease includes a waiver (giving up) of the tenant’s right to notice to quit. Notice to quit is a formal written notice delivered to tenant or posted on the leased premises that states that tenant has violated a term of this lease. The waiver (giving up) of the notice to quit means that landlord has the right to begin a legal action against tenant without first giving notice to quit. The waiver (giving up) of notice to quit does NOT mean that a court can enter a judgment against tenant without providing tenant an opportunity to present defenses or claims in court..So it basically means that you don't have to post a formal written notice of a breach of the lease and can jump right to court to file to evict. I think that this is mostly used for grievous violations like if the person is selling drugs and gets arrested or commits some other lease violation where the landlord doesn't want to give them any opportunity to cure the breach...Have to take off for court but will check back in later when in office....thanksBarrister
Customer: replied 11 months ago.
Thank you so much. I will be scouring my lease for this clause tonight. Good luck in court!!!! Just curious...in what general area of the world are you located? Just curious. If I were a cat, I'd be dead ten times over!!! :)
Expert:  barristerinky replied 11 months ago.
Again..very welcome... They don't like us to give out any personal information, but there is lots of bluegrass and horses where I live.....thanksBarrister
Customer: replied 11 months ago.
:) Awesome!!!!
Expert:  barristerinky replied 11 months ago.
Yep, nice this time of year barring the pollen....Barrister
Customer: replied 11 months ago.
Hi. So I lost. I'm guessing based on that technicality. So, since I have already given her I writing that this lease will be terminated early as of May 15th. So, I'm grasping at straws.... The rent is now late by 4 days....is that breaking the lease? She hasn't paid at all yet, but even if she does...it is late. It is worth my effort and money to post another notice of quit? And giving it the FIFTEEN days? I'm wondering if that is why the judge told me to hold on to all my stuff that I would need it.
Customer: replied 11 months ago.
I just need to know what to do to get her out!
Expert:  barristerinky replied 11 months ago.
I kind of thought that might be the case... the procedural rules are hard to get around...The rent is now late by 4 days....is that breaking the lease? .It is a violation of the lease and you can give the tenant a written ten day notice to terminate for failure to pay rent. (68 Pa. Cons. Stat. Ann. § 250.501(b)). Fifteen is for a lease violation other than late rent..(b) Except as provided for in subsection (c), in case of the expiration of a term or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one year or less or for an indeterminate time, the notice shall specify that the tenant shall remove within fifteen days from the date of service thereof, and when the lease is for more than one year, then within thirty days from the date of service thereof. In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall remove within ten days from the date of the service thereof..So you start the clock again with a written 10 (ten) day notice to pay rent or vacate. Then you know how the rest goes...thanksBarrister
Customer: replied 11 months ago.
If she pays the rent before the ten days is up, then I have to start over again with the 15? So should I just make it 15?
Expert:  barristerinky replied 11 months ago.
Correct. If she pays within that 10 days, she cures the breach for failing to pay rent. .But there is no reason why you can't give her a 10 for late rent and a 15 for any other breach as they can both be effective at the same time...thanksBarrister
Customer: replied 11 months ago.
Awesome! Thanks!!! You really are the best!!!
Expert:  barristerinky replied 11 months ago.
You are very welcome.. And thanks very much....Barrsiter