Real Estate Law
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What was the new arrangement?
What does the written lease say in comparison?
What did each side give up in arriving at the new arrangement?
Was the new arrangement in writing or oral?
in february i was six thousand dollars behind with the landlord due to a job loss and a judgement against my ex husband, and due to my name being on the lease i was responsible. He brought the constable to the house the first of february and we had an oral agreement that i would pay $3000.00 that month and would set up a payment plan with him each month. Last month due to a bank account freeze on a person on a joint account i fell behind again. The Landlord is upset and said that if he didn't get money he would have to see what happens. It was all oral except what i could give him money wise i would write down when and how much i could give him. My question is can he just have the constable come and ask me to leave being is has been 90 days since the last or do we have to go to the magistrate again. I know he spoke with the constable in february and said that as long as i complied with the schedule set it would be ok for me to stay.
Since there appears to have been a part performance of the new arrangement by both sides, the new arrangement appears to be a valid enforceable contract.
Under PA law, if a tenant is behind in the rent and has an oral lease with the landlord, the landlord needs to give only fifteen (15) days notice between April 1st and September 1st, but thirty (30) days notice between September 1st and April 1st.
If the tenant is not out of the property by the end of the eviction notice, the landlord must follow the procedure through the District Justice's office by filing a new complaint for possession.
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