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PA - how "late" can payments be before 10-day eviction notice can be sent?

This is a discussion on PA - how "late" can payments be before 10-day eviction notice can be sent? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Please correct me if I'm wrong, but from what I understand, in Pennsylvania, the LL must file a 10-day notice ...

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Old Apr 10th, 2009, 07:08 PM   #1
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Default PA - how "late" can payments be before 10-day eviction notice can be sent?

Please correct me if I'm wrong, but from what I understand, in Pennsylvania, the LL must file a 10-day notice to the tenant before actually filing for eviction with the court. Also - a LL can file for 30-day eviction due to "frequent late payments".

But what constitutes "late payments"? How late - and how many months does it have to happen?

Our tenants have paid the rent late roughly 10 times over the past 18 months. At first it was 1-3 days late, then 3-7, then 7-10 - and now they want to pay 1/3rd of the rent each week for the remainder of their current lease.

I just want them gone at this point. So - two questions:

1. Is paying rent 1-10 days late truly "late enough" and -
2. Is paying rent late 10 out of 18 months "late enough" to-

-send them the 10-eviction notice and then follow-through with the 30-day eviction filing with the court?

I don't want to get in front of a judge, plead my case, show my evidence, and then have the judge say "well it was only a week or so late" - yeah, well that's 10 out of 18 months!

Thanks so much in advance!
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Old Apr 11th, 2009, 09:05 AM   #2
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Default Re: PA - how "late" can payments be before 10-day eviction notice can be sent?

If late, you should issue a 10 day Pay or Quit notice to the tenant. After it expires and the tenant hasn't paid, you can file for eviction.

As for the 30 day notice, does the tenant have a lease? If so, you may be stuck. Unless your lease mentions that continual late payments are grounds for eviction, a judge may well toss this. I know of no limit for the number of times a tenant can pay and stay in PA.

If they have no lease, they are month to month tenants. You need only give them a 30 day notice to terminate their month to month tenancy. No reason is needed. Issue it on or before the 1st of the month (if payment is due on the 1st). State that the tenant must be out and return the keys on the last day of the month.
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Old Apr 11th, 2009, 09:17 AM   #3
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Default Re: PA - how "late" can payments be before 10-day eviction notice can be sent?

Thanks for the response. So basically, if the 2nd of the month comes around and not is not paid in full, I can issue a 10-day Pay or Quit - but if the tenant pays a day later (and this goes on for months) there's nothing I can do?

I was under the impression that you could terminate a lease for habitual late payments even if it's not specifically addressed in the lease itself.
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Old Apr 12th, 2009, 10:07 AM   #4
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Default Re: PA - how "late" can payments be before 10-day eviction notice can be sent?

You would have to read through PA LL-Tenant statutes {68 PA Cons. Statute 250.501(b)}. I saw nothing of habitual late payments or a limit on the numbe rof time a tenant can pay and stay. When does the lease end?

Start issuing the Pay or Quit notices as soon as any grace period in your lease expires. Jump on these quickly and you will minimize the late rent. Also, do you have a late fee in your lease? You should have. Enforce it if you do.
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