Landlord Question and Answer Forum

Does anyone know if the process is different in getting a tenant to vacate a property if they are within the dates of their lease but just haven't paid rent, versus if their lease has ended/not renewed and they still fail to leave?

THE LANDLORD CAN EVICT IF SHE/HE CAN SHOW TENANT DID NOT KEEP THEIR PART OF THE LEASE AGREEMENT. If tenant does not pay rent when it is due, the landlord may give him/her written notice explaining how much rent and late fees are owed, and demanding payment within five (5) days. Tenant has a right to reinstate the rental agreement anytime in the five days before the landlord files in court by paying the unpaid rent and any late fees. Landlord can only charge late fees if they are included in tenants lease agreement. If settled with landlord, be sure that tenant gets a receipt of payment showing that he/she does not owe any additional money. If tenant does not settle with the landlord or pay the full amount owed within five days, landlord may file in court to have tenant evicted. At this point, tenant can still reinstate the lease, but must pay rent, late fees, and court fees and possibly attorney’s fees. Even if tenant makes an agreement with the landlord, they should attend court to make sure the eviction is dismissed. If tenant loses, the court will issue an eviction judgment against them. Once tenant gets that judgment, the landlord has no obligation to reinstate the lease, even if he/she pay the full amount of the judgment. If the landlord is willing to work with tenant, however, and tenant is able to come to an agreement, be sure to get the terms of any reinstatement or new lease in writing.

Posted by Erica S, PA on Wednesday, June 29, 2011