Question

Can my landlord evict me for my late rent. ?

It is always paid every month. But it also is late every month. It is normally only a week at most late. The rent this month was due by the 5th (stated in lease). Today I received an eviction notice when I went.in today to pay it. It is only 3days late. Now i owe him a $9.89 gas bill. It states that my door will be padlocked on Nov. 22nd. But a full month rent was paid and I need more than the time giving to find a place and.have money to move. I am currently 4 months.pregnant and have 2 children. Please Help to inform me of my rights. I live on Pennsylvania if that helps. And.what step need taken to get more time.

3 years ago - 10 answers

Best Answer

Chosen by Asker

Yes. It is legal in most states to evict a tenant that is always late whether they are currently late or not. Paying late all the time IS a violation of your lease. Since the rent has been paid, you are being evicted for the general lease violation and they must typically give you 30 days notice for that. Even if the short notice is legal, (I am not sure if 30 days is required in PA or not) it is ILLEGAL for them to lock you out before taking you to court. A landlord MUST file the eviction in court, have a hearing & get the court order before they can ever lock a tenant out. You have every legal right to stay put until they go through the proper process.

Source(s):

3 years ago

Other Answers

Yes

by will - 3 years ago

Never heard of rent being due on the 5th. Sorry if you are consistently late you can be evicted.

by asrai - 3 years ago

Well YES, you can be evicted if you continue to fail to honor your promises to pay $X at Y date. You can be charged late fees, and you can be evicted.
However in most states, the LL cannot just padlock the door. They must give you notice, then file in court, then you are served and then the court orders you out. Who was this notice from? Have you been served and given a court date? LL cannot evict you or lock you out himself--if he does, call police immediately. LL must go to court and sheriff does the dirty deed of evicting deadbeat tenants.

Rent is generally DUE on the 1st and LATE on 5th, so you are 8 days late, not 3. Being pregnant is irrelevant to whether you owe rent or not, or your rights.

Source(s)

by chatsplas - 3 years ago

First question is - are you under a month-to-month lease or are you finishing a 1 or 2 year lease? In most states, as long as you bring the arrears up to date, you cannot be evicted (the court will throw out the case once you pay the arrears). In this case, the landlord cannot padlock the door.

If you are on a month-to-month, the landlord can terminate the lease at any time with proper notification. Unluckily, you don't provide any time lines here other than your rent payments (i.e., three day notice to vacate, notice of eviction proceedings, etc.).

Talk to the Pennsylvania state Attorney General's office and ask them if they have any information about renters rights (they should have a toll free number).

by Steve D - 3 years ago

Yes, he can. Your rent is habitually late. He cannot, however, throw you out without first going to court and get a judge to order you to leave. Your landlord cannot lock you out of your apartment. Only a court order can do that.
Open the link below to familiarize yourself with the PA eviction process,
rhol.org/csu/evictions/PA/Pennsylva...

P.S. Being pregnant or having children is not your landlord's problem. You can still be evicted. Where are your baby daddies?

by ∞infiniti∞ - 3 years ago

Reread your lease. I'm sure it states that it is due by the 1st, but anything past the 5th is considered late and subject to fees and such. If that is the case, then you may have stacked up notices for being late those other times but not this time, which can be applied against you if you are late again. If you do have a leeway of to the 5th to pay your rent, then you wouldn't have technically been late by paying on the 3rd this time, so I don't see the grounds for eviction unless there is something other than or in addition to late rent which he is evicting you for. However, he must give you 20 days to leave the premises as long as you don't pose a threat. So the 22nd isn't 20 from the 3rd, if that was the day you were given notice.

by nonentity - 3 years ago

When a landlord signs a lease with a tenant, they dont expect the rent will be late every month. The landlord has his property taxes and mortgage to pay also. You should have set this up at the beginning of your lease to pay your rent on the 15th or something. If you paid rent for all of November, you should have a credit for the 8 remaining days. He could have given you 5 days notice. He can deduct your gas bill from the 8 days he owes you. You dont have more time if he has given you a court order to vacate. You could plead your case with him about the pregnancy, and get his sympathy.

by Flower - 3 years ago

Well - anywhere in the nation - they can not just boot you out. It is a lenghty court procedure.

However, you need to come up with some cash ASAP to prevent further action which will be completely on the side of the landlord.

If you can not come to terms with your landlord, contact social services for help and explain you situation in detail.

by Susi C - 3 years ago

yes he can evict you but he must follow the law. he can't padlock anything without a court order.
if he accepted your late payment, his rights are more limited.

by wg0z - 3 years ago