Landlord Question and Answer Forum

We have a rental property in PA that rent is now past due over 10+ days. Our last communication with the tenant was she would electronically transfer the past due amount into our acct. ( the routing information was sent) on the day it was to be deposited electronically- they mailed us a check First Class ( taking an additional 3 days to get to CA) the check is for half of what is owed. No note, no information that the remaining funds will be coming, no mention of the electronic transfer that was to take place three days ago. IF we except the partial payment it will take another three days for the check to clear, then what? I would like to just send notice that they are in breach of the lease and start the eviction process. What is the next step? contact an attorney or send them another letter? What letter do we send them? Any help would be greatly appreciated. We are in CA so if I need to overnight mail I will at this point. They have known since Dec. 22 that Dec. rent check was returned with insufficient funds.

Yes you can start the eviction process, I would start with a demand for payment, this notice lets them know if they do not pay the remaining amount by the date that you set they will be evicted. Then file for the eviction and submit to the court so that it is official. In most cases the tenant does not want to deal with the court so they will pay or move out. As for other funds and fees like a late fee and such you can go to small claims to recover that money owed.

Posted by Richard W, PA on Saturday, January 24, 2015