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 Post subject: Pay or Quit Notice
PostPosted: Tue Jan 25, 2011 5:01 pm 
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Joined: Tue Feb 12, 2008 4:45 pm
Posts: 111
Location: Pittsburgh, PA
1. Does anyone have a legally sound Pay or Quit notice that's appropriate for PA,
that you would be willing to share? (No, the lease in this case doesn't have the waiver of notice.)

If you do, would you please either paste it into the reply to this posting, or email to
me (emilie@real-estate-roundtable.com).

2. During the winter months, is the deadline for the tenant to get caught up
30 days from the date the notice was posted? And this would be the date I can
file for an eviction at the magistrate? I'm finding some conflicting information
online.

Thank you,
Emilie


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 Post subject: Re: Pay or Quit Notice
PostPosted: Wed Jan 26, 2011 10:11 am 
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Joined: Sun Jan 25, 2009 12:00 pm
Posts: 13
Location: Murrysville
Emilie,

I assume you are referring to a Notice to Vacate. If you don't have the waiver of notice in you lease (you should) then it depends on what you are planning to file the complaint for.

A lease up to 1 year requires a 15 day notice to vacate and and lease for more than one year requires a 30 day notice for a breach in terms other than failure to pay rent. For failure to pay rent between April 1st and August 31st a 10 day notice is required. Between September 1st and March 31st a 30 day notice is required.

After the notice period has expired you can file your landlord tenant complaint.

Here is the waiver of notice clause we have in our lease.
[i]NOTICE TO LEAVE THE LEASED PROPERTY (NOTICE TO QUIT)

Tenant agrees to give up certain legal rights as provided by the LANDLORD and TENANT ACT OF 1951. No notice will be required to be given by Landlord and Tenant to leave and give up the leased property. Tenant will be asked to leave the leased property without notice under any of the following conditions.

1. Tenant does not leave the property at the end of the lease term.
2. Tenant breaks any of the terms and conditions of the lease.
3. Tenant fails, upon demand, to make all rent and other payments when due.

__________________ Tenants Initials



Here is a copy of a notice to vacate.


NOTICE TO VACATE




TO:_____________________



THIS NOTICE SHALL SERVE AS A ___ DAY NOTICE TO VACATE FROM THE DATE OF DELIVERY, OR POSTING, TO VACATE THE LEASEHOLD PREMISES LOCATED AT:__________________________________,_________________ Pennsylvania _______, __________ County.

FOR:



YOU SHALL REMOVE YOURSELF/SELVES FROM THE ABOVE LOCATED ADDRESS NO LATER THAN __________. FAILURE TO VACATE SAID LEASEHOLD PREMISES SHALL GIVE CAUSE TO ISSUE A LANDLORD-TENANT COMPLAINT THROUGH THE LOCAL MAGISTERIAL DISTRICT JUSTICE TO GAIN POSSESSION THROUGH EVICTION.

THIS NOTICE IN NO WAY EXCUSES YOU FROM ANY LIABILITY NOW DUE, OR WHICH WILL BECOME DUE; OR FROM ANY UNPAID RENT/S NOW DUE OR WHICH WILL BECOME DUE. ANY UNPAID RENT/S ARE NOW DEMANDABLE AND SUBJECT TO LEGAL RECOURSE FOR COLLECTION THEREOF.

DATE OF DELIVERY OR POSTING OF THIS NOTICE:___________



BY: ___________________________________ DATE: ____________
Landlord


BY: ___________________________________ DATE: _________________
Attorney
_________________________________________________________________________________________________________________________________

Good luck with everything. I would recommend talking to Phil Scolieri if you have any issues with the eviction.

Sincerely,

Mark Fichtner, Managing Member
Penn Pioneer Enterprises LLC
412-380-2600 Office
724-744-1777 Office
724-744-0440 Fax
mailto:info@pennpioneer.com
http://www.pennpioneer.com/


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 Post subject: Re: Pay or Quit Notice
PostPosted: Wed Jan 26, 2011 8:52 pm 
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Joined: Tue Feb 12, 2008 4:45 pm
Posts: 111
Location: Pittsburgh, PA
Mark, thanks very much.

There's a signature line for an attorney on the Notice to Vacate. Do you think I need to have an attorney sign it?


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 Post subject: Re: Pay or Quit Notice
PostPosted: Thu Jan 27, 2011 9:16 am 
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Joined: Sun Jan 25, 2009 12:00 pm
Posts: 13
Location: Murrysville
No you don't need an attorney's signature however having one may reassure the tenant that you are not playing games.

Sincerely,

Mark Fichtner, Managing Member
Penn Pioneer Enterprises LLC
412-380-2600 Office
724-744-1777 Office
724-744-0440 Fax
mailto:info@pennpioneer.com
http://www.pennpioneer.com/


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