Your tenant is expected to pay rent to use your property, but what if they stop? Though it can be distressing, it’s crucial to handle the situation with care and minimize risks to achieve the best possible resolution. Here are some helpful insights into this process.
Can I evict a tenant for nonpayment of rent?
Yes, you can evict a tenant for failing to pay rent. Nonpayment or consistently late payments are violations of the lease agreement and provide legal reasons for eviction. In Pennsylvania, landlords are required to have a court order to evict a tenant. However, many commercial leases include a Confession of Judgment clause, enabling landlords to swiftly secure a judgment for possession without a standard eviction hearing.
How can I proceed legally?
Here are some recommended steps to ensure the process complies with the law:
- Examine the lease: It should outline terms and conditions under which the landlord can initiate eviction proceedings, as well as other terms that can impact the eviction process.
- Deliver a notice to quit: Unless the lease agreement outlines a different period or completely waives the notice, this document must give the tenant 10 days to either pay the rent or move out (68 P.S. § 250.501(b)). It also needs to be delivered properly, such as through personal service or by being clearly posted on the property.
- Submit a complaint: If the tenant has not moved out, you will need to submit a Landlord-Tenant Complaint (or Complaint for Possession) to your local Magisterial District Court, or the Court of Common Pleas, depending on the county and the rent or damages amount involved
It is crucial to avoid making hasty decisions by either illegally locking tenants out or forcefully taking possession of a property. In Pennsylvania, only a sheriff or constable, following a court-issued Writ of Possession, is permitted to physically remove a tenant.
Handling the eviction process effectively
Dealing with a tenant who doesn’t pay can be upsetting for commercial landlords. However, an experienced attorney can assist you in navigating the process, increasing your chances of reclaiming your property and steering clear of potential complications.