As a landlord in Pennsylvania, evicting a tenant can be challenging. While the process may seem straightforward, it is governed by strict legal requirements that you need to abide by.
To avoid sabotaging your efforts, it is important to recognize the frequent mistakes landlords often make when evicting a tenant. Doing so can ensure a smoother process that stays on the right side of the law.
Mishandling the Notice to Quit
When planning to evict a tenant, you have to give a Notice to Quit document before filing a case with the local court while following the correct notice period. You typically have a 10-day period for failure to pay rent and 15 days for lease breaches.
Moreover, you need to properly serve the notice by posting it on the tenant’s door or hand-delivering it to them. Failing to follow the required deadline and delivery method can put your eviction case at risk.
Engaging in self-help evictions
Many landlords make the mistake of trying to force a tenant out by changing the locks, shutting off utilities or removing their belongings. However, this is a violation of your tenant’s rights and can expose you to further liabilities. It is always better to follow proper legal procedures to avoid facing criminal charges or paying for the tenant’s legal fees and damages.
Accepting rent after filing for eviction
After serving the Notice to Quit, accepting a full or even partial rent payment after the termination date can legally waive the document. This can make it seem like the tenant is establishing a new lease, which can force you to restart the eviction process.
Attempting retaliatory eviction
Sometimes, the timing of an eviction notice matters just as much as the motivations. If you attempt to evict a tenant immediately after they report a building code violation or request a necessary repair, the court may rule in their favor.
As the landlord, you have a duty to maintain a safe environment for your guests and tenants. Using an eviction notice as a tool for punishment is unlawful when evictions should be based on legitimate lease violations.
Protecting your investment
Evicting a tenant can be a detailed process where precision matters more than speed. Seeking legal guidance can help you regain possession of your property efficiently and lawfully.