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I have a tenant who is chronicallly late on his rent.

Excuses are that he's having...
I have a tenant who is chronicallly late on his rent. Excuses are that he's having a hard time setting payment up. A couple of weeks ago he told me - and has sent - $200 from his bank on a plan that he would have his bank pay $200 every week. I accepted the payment but refused the plan. Now he has finally gotten paypal set up and I received the remained of the money for his March 15 rent. April is of course due and quite late.
The lease says if heis 10 days late Ican take steps to evict him. Given that I refused his one plan, can I still do this?
And if so, how do I proceed and how do I protect myself from retaliation. The property is out of state.
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Answered in 11 minutes by:
4/27/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

A tenant cannot require a landlord to accept payments on the rent in installments. Rent is due in full on the due date, which is ordinarily the 1st. Since you never agreed that he could make payments over time, you're free to give him a written notice to pay the amount owed in full or vacate. The notice should be either handed to him personally or posted on the front door and also mailed. If you don't have a friend who can serve the notice for you, a local sheriff should do it for a nominal fee. He then has 10 days to either pay you the rest of the money due or move out. If he doesn't do either, you can bring an eviction suit in the county where the property is located.

Depending on how far away you live, it may be easier to hire a local attorney to handle the eviction than to travel back and forth. That's an option. Note that, even if he pays for April, he's going to have to give you May's rent before you get to court if he wants to be allowed to stay.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 3 months ago
THank you, ***** ***** is clear. But I don't want to have to go through this every month or two. If he continues to mess up, can I put him out even if he brings payment after I've given him notice?
He is always in touch with me, friendly, tells me how and when he's going to pay and then doesn't or makes a new plan for payment, etc
I have a 60 day clause in the lease to breaki it, so I can do it this way, but was wondering if it can be done quicker.
Hope I've made my dilemma clear.

The only way to make it faster would be if you give him a notice to pay in full or vacate and he isn't able to pay. I'm afraid Pennsylvania doesn't have a law that allows you to do a faster eviction for chronic late payments. You'd likely have to use the 60 day notice clause in the lease if he starts paying every time you give him a notice.

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
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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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