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My lease allows me to start eviction of a tenant if he is…

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My lease allows me to...
My lease allows me to start eviction of a tenant if he is more than 10 days late. My tenant paid Feb 15 for the first time, and has not paid since. But he is in contact with me, offered to do paypal, then replaced that offer with sending me a check direct from his bank every week. I declined to have a check sent and asked that we use his suggestion of paypal.
Can I evict him even though he has made two "offers" of ways to pay?
Submitted: 23 days ago.Category: Landlord-Tenant
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Answered in 4 hours by:
4/2/2018
Lawyer: legalgems, attorney replied 23 days ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified
What state is this please?
Does the lease specify how payment is to be made? Is the rent currently late?
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Customer reply replied 23 days ago
PA. The original lease says just that it is to be paid by the 1st of the month with a check written to me and collected by my agent with a 5 day grace period before late charges of $7 a day are applied. That lease was not completed until mid Feb AND he changed the due date to the 15th (I agreed) but he did not revise the section on late fees, so one part of the lease says they start after 5 days of the due date (would now be the 20th), but another that they start after the 5th of each month.
I even wonder if this inconsistency could void the lease and its protective provisions for me?He has had access to the property since Dec 1 and has paid the electric since then (which is a lot in the winter) but found black mold and delayed moving in, supposedly, until he got it fixed, which he says it is (pictures sent) His first rent check and security and the revised lease were collected by my agent on Feb 15."Breaking the lease" "The lease is broken if any of the conditions of this lease are violated, if the tenant does not pay rent as specified in this lease . . etc. If the lease is prematurely broken, land lord may take action to evict tenant. Upon 10 days written notice, Landlord may obtain possession of the property, if necessary, by going to court and filing a law suit. "I don't want to start eviction at this time, just want to have my ducks in a row. So the big question is this: Since we have been in communication off and on, and he has proposed rent payment plans to which I've agreed, and since I have refused the most recent one (that he has it set up with his bank to send me a check every week directly from his account) does our communication to try to work payment out and/or my refusal of his most recent suggestion void the original non-payment eviction provision?This has been going on since Dec 1, 2017l the original move in date. I am in Florida so cannot check on things directly for another month when I go t PA.
Lawyer: legalgems, attorney replied 23 days ago
That would be frustrating. The lease may change the statutory notice requirements.
Please see
https://www.palawhelp.org/resource/landlord-tenant-overview-and-notice-requiremeIf a tenant wishes to modify the lease that requires consent. One party cannot unilaterally change the contract.
As for inconsistencies there is a legal doctrine called in contra proferentem where any inconsistent phrases are construed against the drafter, the argument being they created the issue and would bear the consequences.If the owner agrees to modify some provisions of a lease that does not give tenant carte Blanche to demand or impose additional modifications.
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Customer reply replied 23 days ago
This is looking bad for me. I did not initiate the change, I only agreed to it - verbally on the phone. But there is no record other than tenants initials re change in due date, although I might be able to find an email requesting it, not sure if he wrote it or we agreed over the phone. Of course, I am the drafter of the lease.
Can you clarify where I stand a litttle more, please?
Lawyer: legalgems, attorney replied 23 days ago

Even verbal modifications are binding unless the lease explicitly states otherwise.

Proof of verbal modifications can be oral testimony, email references, etc.

Which part did you need clarification on?

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Lawyer: legalgems, attorney replied 20 days ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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