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Updated about 3 years ago on . Most recent reply
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Eviction assistance question please help
Hey everyone,
New tenant moved in 5 months ago. Upon move in, she obtained rental assistance and the agency paid her rent of 5 months and one months security to me about 1.5 months after she moved in. Effective 1/15 she needed to start paying rent. I sent her a friendly reminder that her 5 months of no rent due was approaching. She thanked me for the reminder. Come 1/15 she sends me only have of the rent due and said that she won't have the other half until the end of the month. I am in the state of PA. I have a clause in lease that I am not required to provide notice to quit. I'm thinking I should file for eviction given the facts that she had 5 months rent free and it's ridiculous that she can't pay the entire rent now. She had 5 months to save up. She said got sick, hurt, and issue w/ pay check at work. Would everyone agree or am I being to harsh??
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- Real Estate Broker
- Cody, WY
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As a general rule, accepting even $1 from a Tenant implies you're accepting their continued tenancy. If you intend to kick someone out, it's best to reject any partial payments. If they offer to pay everything in full with certified funds (money order, cashiers check, or cash), then you should probably accept. It's hard to justify eviction for non-payment of rent when the tenant is offering to pay in full.
Don't be surprised that she's unable to pay. Most poor people are poor because they make bad decisions. In this case, she got free rent for five months and could have easily saved up a couple months of rent to get ahead, but she instead chose to spend every dime. I had a tenant move in, get assistance for three months, and then she was unable to pay a $100 utility bill. When someone starts their tenancy with assistance from another source, that's a red flag that should be watched closely.
- Nathan Gesner
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