Landlord Question and Answer Forum

My tenant was picked up by the police on Fathers Day for past due child support and it looks unlikely that he will be a free man any time soon. He is currently 10 days late on rent. Today, I supplied him, in person, with the 5 Day notice today. He refused to sign it to acknowledge receiving it, but I did get a visitation pass from the jail showing the date and time I saw him, along with both of our names. I assume this is adequate to show that he got it, right? Also, he is the only one who signed the lease. His minor son and his elderly mother are listed on the lease as others that were living there, but the mother moved out of state 6 months ago and the son is with the mother. The only one living in the house is the tenant's dog, which his current girlfriend comes by to feed and let out. The tenant doesn't want to voluntarily have someone else move his stuff, so I have no choice but to evict. Anything special I need to know/do?

The landlord must give the tenant written notice that the tenant has five calendar days to pay the rent or the rental agreement will be terminated and the tenant will be evicted. The notice can be given to the tenant when nonpayment occurs. The notice may be hand-delivered to the tenant or sent by certified or registered mail. If the notice is sent by certified or registered mail, the judge will assume the tenant received the notice on the date the tenant signs for it, or five calendar days after it was mailed, whichever occurs first.

Posted by Denise S, PA on Monday, July 5, 2010