Pa law. I am a landlord. Tenant about 4 to 5 months into lease. Rent not paid yet. This month . Tenant had unknown to me a mom n child illegally subletting a bedroom or 2. Also his dog destroyed the place and pot everywhere.I get a call Monday night from friend of squatter. Tenant stole her rental car, went on a DUI rampage, tried to run down a trooper and bla bla the rental car burned. He is asking if she can stay the month free. I laughedHim I know. Eviction court.Her, I don't know. She wants to remain a tenant but can't post any money for 20 days.Even if she could, can I take her money while he is legally my tenant. There are a lot of lease clauses broken but stillHow do I get rid of her? I need posession back asap
State/Country relating to question: Pennsylvania
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..
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12 years real estate, Realtor. Landlord 23+ years
So she's not a squatter I can just kick?If I take an application fee from her for another unit, does that cloud this?
Unfortunately no, if she has been paying rent to the primary tenant, she would be considered a resident that would have to be evicted as well if you wanted to clear the unit. If you just evicted primary tenant, the constable or sheriff wouldn't force her out as well unless you listed her on the eviction complaint and summons or put "unknown occupants, et al" if you don't know her name..But no, taking an application would not create any binding relationship between you and the applicant. That is basically a request for you to consider renting to her. If you evict the primary tenant, there is nothing that would prevent you from entering into a lease agreement with her after you have regained possession of the unit..
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