Berwick, PA asked in Real Estate Law and Landlord - Tenant for Pennsylvania

Q: My son is getting evicted he was served with a quit notice by the executor of the estate. He is only 24

He signed the quit notice even though it said by the 30th and the man who delivered it said it was a 30 day notice but was delivering it on the 13th. This is in Pennsylvania. Can they lock the doors on him if he isn't out by the 30th

1 Lawyer Answer
Nellie T Schulz
Nellie T Schulz
  • Landlord Tenant Lawyer
  • Philadlephia, PA
  • Licensed in Pennsylvania

A: A Notice to Quit provides the tenant a certain amount of time to either (a) cure the default within the time period and remain at the leased premises or (b) not cure the default and vacate the leased premises. If the tenant stays at the property beyond the time period and does not cure the default, the landlord has the right to evict the tenant. In no case may the landlord lock out the tenant or otherwise prevent the tenant from using the leased premises either before or after the 30-day time period. Only a court has the legal power to have a tenant lose possession of the leased premises.

The amount of days the tenant has to cure a default under a lease is provided by law in the Landlord Tenant Act. If the Notice to Quit provided the tenant with 30 days notice, the term of the lease must have been for more than one year and the reason for the notice must have been either (1) a default of a material condition of the lease or (2) the expiration of the term of the lease.

If the reason for the notice was a material default of a condition of the lease, the tenant can avoid eviction by curing the default within the 30 days. If the reason for the notice was the expiration of the term of the lease, the tenant can request an extension of the term of the lease, but the landlord is not obligated to grant an extension.

The fact that the Notice to Quit was delivered on a particular day of the month matters only if the reason for the notice is the expiration of the term of the lease. The landlord cannot change the lease and shorten the date the lease ends by delivering a Notice to Quit sooner than required by law. The lease will terminate on the date the lease document states it will terminate.

The law does not require that a Notice to Quit be signed by the tenant. The fact that the tenant signed the Notice to Quit doesn’t mean or change anything.

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