Altoona, PA asked in Landlord - Tenant for Pennsylvania

Q: Can a landlord reclaim the property when you have a month to month lease that has expired without evicting you?

Receiving certified letter to vacate premises and that landlord is reclaiming his property, not renewing month to month lease but is claiming he is NOT evicting us.

Related Topics:
1 Lawyer Answer
Nellie T Schulz
Nellie T Schulz
Answered
  • Philadlephia, PA
  • Licensed in Pennsylvania

A: The law in Pennsylvania is that on the date that the term of a lease expires, the lease itself expires and terminates. If a lease terminates, it terminates and no longer exists. This means the tenant no longer has any right to remain at the leased premises and the tenant must vacate the leased premises. No eviction lawsuit is required for the lease to terminate when it says it terminates, but under Pennsylvania's Landlord Tenant Act, the landlord has the right to sue a tenant in eviction in the case where the tenant did not move out before the lease terminated. In addition, the landlord has the right, in the same eviction lawsuit, to demand the tenant pay to the landlord money for damages, court costs, filing fees, and (perhaps) attorneys fees. The money judgement awarded by the court is automatically a lien against the tenant's property and the court may issue additional orders, if requested, to collect the money owed, which could be orders to the tenant's bank, employer or taxing authorities to compel payment. The money damages demanded by a landlord could include money lost by the landlord as a direct result of the tenant's failure to move out on time. All of the above should apply unless the lease agreement has provisions clearly to the contrary. To avoid the cost, stress and time involved in a lawsuit a tenant has little chance to win, many tenants try to meet personally with the landlord, in a calm, unemotional and reasonable frame of mind, to try to find an alternative that is acceptable to both of them.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.