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Eviction without any notice. Does this statement in the lease do the job?
I'm pretty sure it does, but I want to check before I go to court for my first eviction complaint. Statement in my lease agreement: "In the event of any breach of this agreement by the tenant, the Lessor shall have the right and authority, without the giving of further notice to terminate the rights of a tenant under this lease and to pursue such other rights and remedies as the Lessor may have". I just want to check before I start the process since I don't want to have to start over.
Let me clarify. I know I need to go through court. I meant giving the prior 10 days notice that must be either mailed or posted at the property before I actually place the complaint.
I'm in PA. I was under the impression that this was a state where tenants waived there rights. Sorry for not specifying. The tenants are 21 days late on rent and have not specified when they or if they are paying.
The language is not exact. A tenant could argue that they didn't realize that they waived their right to quit. A judge might accept it. I specifically state in my leases, in bold letters and underlined, "Tenant(s) agrees to waive his/her notice to quit." PA law is funny that it states language should be clear for parties to understand. For example, a quit notice that is full of legalese can be found to be invalid because it was not clearly communicated. A quit notice in PA should contain the following information (in normal terms, not legal talk):
What is expected (rent should be paid according to the lease)
What is wrong (they are late paying rent for XXX month)
What you want done (pay the rent in 10 days or vacate the premises)
What you will do if they don't do what you said (I will evict you)
As to the person who mentioned above that a judge can throw a whole lease out if a portion is illegal, they are correct. It's good to make sure that you have the following clause in your lease:
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The same person said that you need 30 days before you can do anything. they are wrong. If the tenant hasn't clearly stated they waived their rights (which I think they would be able to argue they didn't know with that clause) then PA expects a 10 day pay or quit notice. If I were you I would do it now since you only have 9 days left in this month.
Contact me if you want a copy of my pay or quit notice. I'll send it over to you.
Luckily PA is not a pro-tenant state. It's not always pro-landlord either and any judge can do whatever they want. One landlord I spoke to actually had a judge stop his eviction proceeding because he didn't give notice to quit. The landlord showed his lease to the judge showing where the tenant waived his right to quit (which is allowed by state law). The crazy judge said "no tenant in his right mind would waive his right to quit therefore I am not allowing the eviction to proceed without proper notice". I thought judges were supposed to keep their personal opinions out of it and just interpret the law.
It's unnecessary. The law presumes you have the right to evict a tenant who violates the terms of the lease. But it doesn't hurt having it there.
What it does NOT do for you is bypass the requirement to proceed with eviction through the courts. That includes all of the notice requirements and specific procedures as established in law. There is no way to bypass that.
Nothing in your lease contract can side-step the notice requirements established in law. If the law says you must provide 10 days notice to "Pay or Quit" or "Cure or Quit" then you MUST provide that notice in the manner stipulated in the law and prove that you did.
beware in every state in us your provision can not override state statute in regard to landlord tenant law
as such without knowing your state, a move for eviction for a reason of other than non-payment of rent will require notice to cease then after certain point a notice evict
even then the judge may find the infraction within the lease does not rise to the level of material breach therefore eviction fails
The law provides that you have the right to evict a tenant for cause. However, if you are doing it with no notice then it can be more difficult.
The reason is, as the laws are made in most states the rules for immediate eviction is allowed in the case of tenants doing illegal or dangerous activities - those that cause immediate problems or even danger to the tenants themselves, the property or others around them. These are considered obvious grounds for a quick eviction process.
However, while minor violations technically could cause the use of this clause, it is not an open door to run through. For instance, if one clause on the lease says your tenant is to maintain the property and landscaping, and you have found that the grass has not been left uncut too many times, very rarely will a judge grant an eviction without the normal waiting period.
So if the tenant is violating laws, doing dangerous activities, is damaging the property, is causing significant problems for neighbors, then you probably are on the right track. If it is because you simply do not like them, or are trying to get them out on a more minor issue, you will have a much more difficult time doing it.
Make sure you have proper and ample documentation: photos, copies of police reports, statements from witnesses and neighbors to take to court to convince the judge why you need to have a faster eviction.
Source(s)by rlloydevans - 7 years ago
Here is the problem with your contract.
If STATE LAW prohibits what is in the contract, which I guarantee it does, then your entire contract is void and not worth the piece of paper it's written on.
There is also something in the law that states if the conctract is so completely one sided, a judge has the right to disregard it.
People think that just because they go to a lawyer, and just because it's in the lease, and just because a tenant signs it, that it is enforceable in court...there are laws to protect tenants for a reason.
What you have basically stated, is that ONLY YOU have the sole authority to determine if there is a contract breach, and in effect, have TAKEN AWAY any legal rights that the tenant has.
If I were you, I would proceed very carefully when you go to court, because the judge will rip you a new one when he reads that clause.
PS: If your tenant is 21 days late on the rent, you cannot, by statute, persue an eviction. The minimum will be 30 days. If you are going to be a landlord, get a qualified attorney to write your leases.
It is NOT LEGAL by any stretch of the imagination.
Source(s)by Mary B - 7 years ago