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Landlord Tenant Lawyer, I need your advise on how to proceed

Hi Landlord Tenant Lawyer,I need...
Hi Landlord Tenant Lawyer,I need your advise on how to proceed with my current situation with a Tenant.
1. I am the Landlord for a townhouse property in Exton, PA
2. I leased it out to 3 adults Lady + Father & Son . All 3 are on the lease.
3. lease term - May 5th 2017 to May 30 2018 is the lease duration. 1 year 26 days.
4.I hold a deposit of 2 months rent and the rent is current for this month of August ( another 14 days left)
5. There was a domestic dispute and things have become rough with doors being broken, cable being cut and lady blaming the duo and Vice versa. Police was called and advised the Father and Son ( the gentle folks) that its in their interest to get out else the Lady may hurt them.
5.The Father and Son have been kind of forced out of the house and sleeping in their car and now want out of the lease.
6. Lease breaking charges are 4 months rent if you move out immediately and only 2 months rent, if they give formal notice and continue to live for 2 more months and then move out. However, looks like the Father and Son just don't want to stay and want to terminate the lease and get out.
7. The Lady wants them out too and may even get a new room mate which I can consider as a swap for the outgoing father and Son, However knowing the nature of the Lady,
8. I want to get her out of the house too because of her violent nature and damage that is being caused to the property and just get my Lease breaking fees.
9. Father and Son are very willing to give in writing that they want to terminate the lease as they cant live in the house
10.I want to side with the Father and Son and get them out of the situation , but not sure if that will force the lady out.
11. I need steps on what to do and options I have ( other than swapping the outgoing tenants)
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Answered in 13 minutes by:
8/17/2017
Andrew
Andrew, Attorney
Category: Landlord-Tenant
Satisfied Customers: 195
Experience: Attorney
Verified

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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Ok so since father and son are leaving and it sounds like you want to get the Lady out as well you need to giver her a Notice to Quit. All damage to your property and hell raising is sufficient to be a violation of the lease. I am assuming that this is somewhere in your lease agreement regarding default.

In Pennsylvania, a landlord is required to give a written notice to quit the property. Since this is a lease violation and not a failure to pay your are required to give 15 days where the lease is 1 year or less or 30 days where the lease is over a year. Since your lease is 1 year and 26 days she is entitled to a 30 day notice. This notice must be delivered in person or posting it on the door.

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Once the 30 days have passed if she is still there you will have to begin the formal eviction process.

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You need to file a complaint to get the process started. Here is an online handbook for the step by step process in PA:

http://www.tenant.net/Other_Areas/Penn/harris/pa-part5.html

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If you have any other questions please let me know otherwise just accept my answer and enter a rating. 5 stars would be appreciated. Thanks!

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Customer reply replied 3 months ago
1. Okay so Eviction is always an option, but then I lose the lease breaking fees of 2 to 4 months rent. I don't like that route as it shifts the onus on me
2. I would rather use the option where the duo breaks the lease and I get Lease breaking fees + damagesHow can that happen if the Duo give some sort of the notice that they are walking out of the lease and will no longer be living and hence not responsible for the rent....

You are entitled to compensation for the damages already done to your property right now. If you want them to verbally break the lease then your only option is to wait for them to do so.

If the father and son break the lease and go elsewhere then you are entitled to lease breaking fees if thats the way your lease is set up. My comments above were more about evicting the lady should she want to stay after the father and son have left.

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Customer reply replied 3 months ago
Hi Andrew,
Simple questions as I don't think my lease handles this situation.a) If Dad and Son give notice, and "vacate" is the Lease terminated or not ?
b) What is Father and Son liability after such a notice AND what are the "options" for the Lady. Is she not automatically supposed to vacate the home?
c) If the Lady continues to Live after the Duo gives the notice , what happens to the original lease
d) I got a text message from the Father that they have decided to terminate the lease today, and I asked them to give it in writing . Have not received anything yes. My Lease provides for notice in writing - Is Text message , considered in writing.I understand this has been a bit demanding on your time, but please excuse me. I ma building a portfolio of rentals and in future would just come straight for your advise, including reviewing the lease for the next tenant etc.

a) If Dad and Son give notice, and "vacate" is the Lease terminated or not ? YES

b) What is Father and Son liability after such a notice AND what are the "options" for the Lady. Is she not automatically supposed to vacate the home?

They are liable for damages to the house regardless of whether they gave notice. Since all three are on one lease this usually means the lease is terminated however this could depend on what your lease states. Normally she would be expected to vacate the home.

c) If the Lady continues to Live after the Duo gives the notice , what happens to the original lease?

She is then considered a holdover and the terms of the original lease still apply.

d) I got a text message from the Father that they have decided to terminate the lease today, and I asked them to give it in writing . Have not received anything yes. My Lease provides for notice in writing - Is Text message , considered in writing.

letter, email, text all are in writing but you want something signed normally.

Andrew
Andrew, Attorney
Category: Landlord-Tenant
Satisfied Customers: 195
Experience: Attorney
Verified
Andrew and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 3 months ago
Thank You
Customer reply replied 3 months ago
Hi Andrew,
I closed our discussion, but need a clarification. Can you please help with closure on this ?a) I did not find a format for quit notice, so I made up one . Can you review and let me know if it is accurate. I got the termination notice from Father and son ( see attached)b) Please clarify what will be the amount that I can claim/get from the tenants as lease breaking fees ( see agreement attached, sorry I scratched the names ).FYI - Sept 1st, rent will be due. Plus as per clause 10 of the lease I can get upto 4 months rent as lease breaking charges. Given our particular situation and the 30 day notice (and assuming she leaves within the 30 days )c) If Lady does holdover, will I need to get rent from her alone or also Father and Son ?
Customer reply replied 3 months ago
Sorry the attachments are not coming through

Ok reviewing.

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If she does not leave then send her the 30 day notice to quit.

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Let me find a form for that:

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Customer reply replied 3 months ago
Andrew,
The official termination PDF you sent is not custom to my situation.Plus I do not want to state more than necessary and leave the door open for negotiation
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I think she needs to know that the lease was terminated by her former roommates. Thats the only reason.

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With the termination notice you are just telling her that the lease is up and she needs to get out. You do not have to give her this though. If she holds over as discussed before then you need to give her the notice to quit.

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Customer reply replied 3 months ago
Andrew, this eviction notice is also not in line with my situation with Father and Son giving termination notice and she is still living. Her rent is current until the end of the month of Aug too. The lease also provides ( See section 10) for tenants to be able to stay for 2 months as part of notice period
Customer reply replied 3 months ago
I need your help for my specific situation .

It is just a form you can adapt it to your needs. They have terminated the lease and moved out. So you would be entitled to whatever early termination clause you have in the lease.

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So your notice to quit is fine. I guess what threw me off was the reference to father and son , xyz etc. I see now that you are trying to maintiain their privacy.

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Customer reply replied 3 months ago
Andrew, I have all the general info and way forward. Please reply to my specific questions. I want to be simple but stern about the situation. If need be, please call me on my cell(###) ###-####
Customer reply replied 3 months ago
you are right, I scratched stuff to maintain privacy.

I would put the date that she needs to be out on in the notice to quit as well.

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as far as the early termination amount this would depend on your lease terms. If your lease says up to four months this would certainly qualify as an early termination.

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All three parties whether holdover or not are responsible to pay the early termination fees. You could collect from anyone of them. This was just one lease.

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If she does holdover current rent would only come from her as she is the only holdover tenant.

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That was me trying to call you btw

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Was I able to answer all your questions? Do you have any more?

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Customer reply replied 3 months ago
Andrew,On your comment "
as far as the early termination amount this would depend on your lease terms. If your lease says up to four months this would certainly qualify as an early termination"* I attached the lease specifically. Please read lease, specifically Sec 10 and based on current situation, please tell me specifically , after I serve the 30 day notice today, what is the amount I can claim .
Customer reply replied 3 months ago
What number were you calling from. I just get too many calls - Sorry. Please call again if need be. Preferable at 5.30 when I am driving

please upload again

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Good luck to you let me know what happens.

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Andrew
Andrew
Andrew, Attorney
Category: Landlord-Tenant
Satisfied Customers: 195
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