Philadelphia, PA asked in Real Estate Law for Pennsylvania

Q: I have someone living in my house and they are 2 months behind in rent. If we never wrote a lease what do I do

She refused to leave

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2 Lawyer Answers
Elizabeth Tarasi
Elizabeth Tarasi
Answered
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: Send them an eviction notice. Once they have received the eviction notice you can file a complaint for possession and rent at your local magistrate.

Nellie T Schulz
Nellie T Schulz
Answered
  • Philadlephia, PA
  • Licensed in Pennsylvania

A: There is no requirement that oral leases be in writing (except if their term is for more than 3 years and except for lot leases in a manufactured home community). When a tenant fails to pay rent under an oral lease and the landlord wants to have the tenant evicted, the landlord must first provide to tenant a written "Notice to Quit". The Notice to Quit must include the name of the landlord; name of the tenant; address of the rental property; that tenant is in default because tenant failed to pay the rent for the months of _____ and ______; the amount of monthly rent; the total amount of rent which has not been paid; the method and location to make payment; the specific date by which the tenant must move out or pay rent due; and a statement that the landlord may pursue legal action if the tenant does not meet the demand of the Notice to Quit. In the case of nonpayment of rent, the specific date should be the date which is 10 days from the date the notice is provided to tenant. The 10 days starts the day after it is provided to the tenant. DO NOT MAIL the Notice! It must be either: delivered to the tenant in person or by securing or posting the Notice to Quit in a visible location on the rental property. If by the end of the 10th day, the tenant has not paid the full amount of all the rent due, the only way to force the tenant to move out is by the landlord's filing a landlord and tenant complaint, also known as an eviction lawsuit, in court the magisterial district where the rental property is located. Assuming you win, the court has the power to force the tenant to move by a court order.

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