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My father is 90 years old and has Parkinson's with dementia.

Hello...My father is 90...

Hello...My father is 90 years old and has Parkinson's with dementia. His rent for March was due on 3/1, but due to financial hardship, he is unable to pay the full amount. I just paid he February rent in full, but I need time to get the money together to pay for March. His rent is now 15 days past due. Can he be evicted for being 15 days late?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Sure...PA

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

He pays $879, the amount he has paid on time for the last two years. His lease was renewed in January

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think that's all.

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Answered in 1 minute by:
3/15/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,089
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Has the landlord given him any written notice to pay or vacate?

.

Have you talked to the landlord about this?

.

.

thanks

Barrister

.

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Customer reply replied 1 month ago
There was a hearing date in February, when his rent was late. I have talked to the landlord and eventually paid the February rent in full, including court costs. What the landlord did was add on March's rent, since that was also late. I explained to them that I am doing everything I can to make sure it is paid, including selling some of my collectibles on Ebay.
Customer reply replied 1 month ago
Sorry, but I can't afford the $59. I am trying to get the money together for his rent

Ok, so are you saying he has already been to court and a judgment of eviction was entered against him, but you then paid and landlord accepted the Feb rent?

.

And has he sent any notice for late rent for March?

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Customer reply replied 1 month ago
No, he did not go to court, but there has not been a notice to evict. I did pay the February rent, including the court costs for the hearing that he did not attend. In any event, there would be no way my father could have appeared in court. He is hardly ambulatory, and his dementia would prevent him from testifying.

Ok, if you paid off the feb rent and the court costs that basically voids that action.. If the March rent wasn't due yet, then the landlord couldn't include that in any court case..

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So basically he has to start over if he wants to evict... He has to give father a new 10 day notice to pay or vacate and then go through the entire eviction process again. If you are able to get the rent together within the 10 day notice period, the landlord has to accept it.. But if not, you would have to convince the landlord to accept it again along with any court costs..

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.

thanks

Barrister

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Customer reply replied 1 month ago
You have been a huge help....thank you very much!

You are very welcome. Happy to help any time.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,089
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
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barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,089
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Experience: Attorney over 17 years, landlord 26 years

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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