Landlord Question and Answer Forum

I have served a tenet with a 3 day notice on the 6th of April. There has been police activity at the property since. The electricity has been shut off because the tenet has not paid for it. He has a 9 yr old son. How can I now serve him with a forcible entry and detainer eviction notice. Which one do I use. I want to get the court proceeding under way today

An eviction notice based on an alleged violation of the lease must give the tenant the alternative of moving or complying with the lease within three days. The notice does not have to give the tenant this alternative if the tenant is accused of committing a "substantial violation" that endangers life or involves property or violent- or drug-related felonies. There is a second situation when the notice does not have to give the tenant the alternative of moving or complying with the lease. If the tenant previously had been given a three days notice to move or comply and the tenant, after such compliance and expiration of the first notice, commits the same breach of the lease, then no second notice to move or comply is required. The tenant must still be given a three-day notice to move. It seems to me that police activity may constitute a substantial violation. Be careful if the police activity involves domestic abuse, many states have adopted regulations on how to handle that.

Posted by Denise S, PA on Monday, April 12, 2010