Hello,

Thank you for using JA.
.
Since the primary tenant is the only one you have a contract with, you could evict him and any occupants who are in the home without your permission.
.
If the lease does not specify a notice period for delinquent rent, then PA law states the landlord needs to give the tenant only fifteen (15) days notice between April 1st and September 1st. Landlord would need to arrange for the notice to be served on the tenant by a sheriff or constable at the jail (assuming he is in jail) as well as posted at the home. Once the 15 days expires landlord can file a summons and complaint against the tenant for possession of the property.
.
In order to evict all occupants, landlord would need to list all known parties by name, then "unknown occupants, et al", if landlord doesn't know the name of everyone living there and file it with the court clerk. Then the landlord would be responsible for having the tenant served with the summons and complaint (again in jail if the tenant is still there) and posting it at the home.
.
If the landlord wins a judgment for possession, which means the tenant must move, the landlord can then enforce the judgment. This means that no sooner than fifteen (15) days after the District Justice makes his decision and enters the judgment for possession, the landlord can have the constable give the tenant an "Order for Possession". This Order for Possession is a notice telling the tenant that unless the tenant is out of the property by a date set on the notice (no sooner than fifteen (15) days after the date the tenant receives the notice) the Constable or Sheriff can forcibly set the tenant and his/her belongings out of the house or apartment. This is a total of at least thirty (30) days after the judgment for possession was entered.
.
But if you accept money from her, she legally becomes your tenant and you would still have to evict the primary tenant to get rid of him and his property.
.

.

.

Thanks.

Barrister

.

If you need further help please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.