What can i do to revome a tenet at the end of the lease??

Question

Hi I live in Sharon PA, and I own a house which I rented to a family from June 30 2006 to June 30 2007. On The 2nd of May 2007 I wrote them an Email telling them that I dont want to renew the lease that that Im moving back on the property at the end of the lease. They replyed that they understood and that they would look for a new home.

On June 27th I got a called from the tenents telling me that they found a new place but because of repairs needed it wont be ready for 3-4 weeks.

I told them that its not acceptable that I intended to move in a week and that they should leave the premesis by Jun 30. I was told that they arent moving and that I couldnt make they move until they were ready.

What can I do?? Can I move in ontop of them, since it is my property and they can show a legal document that they have a right to be there??

I

Answer 1

You screwed up with the email

You should have sent by registered mail notification that the lease will not be renewed and that they will need to vacate by June 30.

I would head down to the courthouse and find out what options you have now.

More than likely if they don't move out on the 30th, you will have to begin eviction proceedings.

I would back all this up with a letter (registered - so they have to sign for it to prove delivery) re-stating your original email.

You could also consult with the Sheriff - since they don't have a legal right to the home after June 30th by contract - they are now in violation of the law.

Answer 2

im a landlord and i deal with tenant eviction proceedings all the time. unfortunately, the law is skewed more to tenants rights. this means that although the property is yours and their lease is up, you cant just go in and move them forcibly. and no, you cannot just call the police to move them for you because before the sherriff can perform an eviction you will need documentation from the city magistrate that you have formally filed eviction proceedings and the time given by a judge has elapsed.
1: file the eviction now- even though they promise to be out in three weeks, anything can happen to delay that and you will be stuck.
2: eviction is a formal process where the constible attempts to hand deliver an eviction notice. if he is able to do so, the tenant will have 10 days to vacate property (each state may be a little different as to the time allowed), if he is unable to hand deliver the notice then he will stamp a notice to the door after the 2nd attempt and the tenant will have 20-30 days to vacate the property (again each state may be different)
3: if the tenant contests the eviction, a court date will be given to appear so both sides can argue the points.
4: after the eviction is over, you may also file civil charges against the tenant if you so please.

good luck, i know how frustrating the process can be, let me know if you have any questions.
also you can look up the TENANT LANDLORD ACT for your perspective state, or simply call your local magistrates office for further information.

Answer 3

Sorry pal, but you're not playing by the rules yourself!

First off, you must provide them with a 30 day Notice to Quit in WRITING. E-Mail does NOT qualify as written notice. Most state laws provide that any 30 day notice must span a full rental period. If you mail that notice today, it will be effective on September 1, 2007. Most laws and leases provide for First Class Mail as sufficient for all noitifications but I'd recommend Certified Mail, Return Receipt Requested.

Since your tenants have not been served with proper Notice to Quit, they are absolutely correct when they say that you cannot force them out. The still have an absolute right of occupancy even if the initial lease term is expired. Most leases and virtually every state's laws provide that a lease automatically converts to a month-to-month tenancy at the expiration of the initial term. As long as they are paying rent (whether you accept it or not) they have a right of quiet enjoyment and your only right is to continue to collect the rent.

If you enter the property without their permission you will be subject to arrest for criminal treapass at the very least. Many state laws also provide for treble damages to the tenant if you attempt a constructive or self help eviction.

So, until you send proper written Notice to Quit and wait until Septermber 1st, there's NOTHING that you can legally do to remove these folks from your home. From the sounds of things they'll probably be out by then but you still need to send that notice today as there will be no way to proceed with a formal eviction through the courts until YOU have properly played by all of the rules yourself.

Answer 4

Depending on state laws you can serve them with a notice to vacate, reg mail, posting on the inside of the main entry door, ect, however if they do not leave at that time you have to file with a Justice of the Peace for eviction. To get them into court can take up to a month or more. When you go to court, the judge will make a rulling. If he tells them they are in the wrong then they usually have 10 days to vacate. If they refuse to at that time you will have to file for a writ of possession which means you are back in front of a judge. When the judge rules in your favor that is when a constable or deputy sheriff will go out and physically remove them. Unfortunately, they hav ethe advantage right now that they are living in the property. Most police will not get involved until a judge has ruled on the matter.
Good Luck.

Answer 5

All tenancies and the methods use to terminate and or evict tenants in PA are governed by the Landlord Tenant Act. The question here is whether you acted properly and will the law allow you to give the required notice through an email. I have not read up on that within your law so you might want to do that yourself. Here is the link from our research department
LANDLORD TENANT ACT: http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf#search=%22landlord%20tenant%20act%20Pennsylvania%22
Best of luck to you

Answer 6

You gave them notice and so long as you have it in writing you can call the Police and have them evicted. In california my parents had to give at least 2 weeks notice before they could ask someone to leave from their rental; I'm not sure how long you have to wait where you are; but you oughtta call up your local police department; not 911 and ask them about it. They probably won't have a problem sendig someone out on the 30th when you plan on moving back in to evict the family. Right now the family is trespassing and if they don't have your permission to stay; they can't period. However short of pressing charges I'm not sure how to solve your problem.