Landlord Question and Answer Forum

Lease violation, asking them to move out, how to proceed

I have a girl renting my house. She moved in it was just her and her kid. (it was a family member of my fiance, bad move i know) Well this girl is violating the rules left and right. There is now 5 people living in the house, the back yard is all tore up for some reason, their is garbage all over the place, on the porch, and the house itself is getting destroyed. It's time for her to go. She has only been in the house for 9-10 months so even if the lease says i will give 30 days notice, since it is less than a year can i give the 15 day notice to vacate or face eviction? If so does it have to be hand delivered, can i mail it? Etc, ive never rented property and know nothing of the procedures. I want her out as soon as possible. The lease is a 30 day renewing lease. Should my first step be to simply say, your lease will not be renewed you have 30 days to vacate? I would appreciate legal advice on this too so she can't try to screw me over. Thanks!

If she's on a month to month lease, then the easiest thing to do is give her a non-renewal notice, which will state the day she has to vacate. If she doesn't vacate by that date, you can give her an eviction notice, to vacate within a certain period of time, or be taken to court. If she STILL hasn't vacated by then, you can file for eviction in court. On a more personal note, the first thing you might consider is having your fiancee give the non-renewal notice to her, and have a discussion with her about cleaning the place up, etc, but I'd try to handle it amicably if possible. Best of luck!

Posted by Brian D, MD on Tuesday, May 26, 2009

Hi Joseph K, I also have apartments I rent in Scranton, PA. I don't know how your lease reads, if it has a list of rules and regulations included, or if you gave her one seperately from the lease, I have both, but she is clearly violating the provisions of either or both. Write her a notice stating she has violating the lease, site the violations, date and sign it. This is what I write on the lower or bottom of my notices: Proof of Delivery This Notice delivered to Tenant: [X] by personal delivery , possted in plain site on door of residence [ ] certified/registered mail, return receipt requested [ ] other form of notice pursuant to Lease Agreement: Signed: __________________________Date:________ Have someone witness you handing the notice and have them sign and date it or sign it yourself. I will get back to you

Posted by Sheila J, PA on Tuesday, June 30, 2009