Eviction notice for unpaid rent in Philadelphia
This is a discussion on Eviction notice for unpaid rent in Philadelphia within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I failed to promptly pay rent this month (as well as several other months in my 2.5yrs of living here) ...
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#1 |
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Junior Member
Join Date: Aug 2009
Location: Philadelphia
Posts: 1
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I failed to promptly pay rent this month (as well as several other months in my 2.5yrs of living here) and was recently served a termination of lease/notice to vacate by the management corporation's attorney (dated 8/18). The 'move out' date on the notice is 9/3. I had actually submitted rent in full on the morning of 8/19 and did not receive the notice until the afternoon of 8/19 after i returned home from work. The check has been cashed as of 8/21.
Am I legally obligated to leave the apartment if I received the notice after I submitted the back rent? Does it matter at all that they have already deposited the check or was I responsible for paying back rent anyway even though they have started the eviction procedures? Because they did accept payment, does this nullify the eviction? If it does, can they again give me notice next month even if I pay on time? Also, the notice did not give a 'pay and stay' option, if it matters. I live in Philadelphia |
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#2 |
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Top Level Member
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Join Date: Dec 2008
Location: USA
Posts: 2,059
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The Landlord has lawfully terminated your lease due to late payments. Yes you have to leave or face eviction
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#3 |
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The notice didn't give you a pay or stay option because PA is a"no second chances" state. That means they can serve you an unconditional quit notice (move out, whether or not you pay). The notice was completed before you paid and is valid. Paying now has no bearing on the notice. Just failing to pay on time is valid reason to terminate you. This is what they have done. Your options: move out before the notice expires or face eviction and the permanent record of an eviction filed on your court record for any future LL to see. You have been terminated for repeated late payments. In future, pay rent on time. As you have learned, PA landlords can terminate you without any option to pay your rent (and they can give you this notice on the day after rent is due!). Rent must be a priority in PA.
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