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Updated almost 3 years ago on . Most recent reply

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Jesenia Peralta
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Change of Pland after notice to vacate was given

Jesenia Peralta
Posted

Hello,

I have a tenant that has become very disgruntled after he broke a toilet and had to pay for the repairs.  Our relationship has declined and has become pretty toxic.  We had a two year lease, but I managed to reason with him and he has signed a month to month addendum and agreed to look for another place to live.  He has become more hostile and has been harassing my contractors and has become very disrespectful.  It was always my intention to give him as much time as he needed to find another place to live under the month to month addendum as long as he gave me 60 days notice.  But he is becoming more and more difficult to deal with so I gave him 100 days notice about 15 days ago to vacate the property. 

He informed me last month that there are signs of water damage in the bedroom and it took him 3 weeks to give us permission to enter the property.   Since I do not have any money to make the fixes I will need to do a cash out refinance to correct the issue and to replace the roof.  I am worried that he will try to sabotage my appraisal if he is in the property and I really need to fix the issue of moisture ASAP.  I would like to have him out of the property so that I have access to fix things and not have to work around his schedule.  Since he agreed to move out already, is it legal to change my mind about the original 100 days notice and change it to 30 days?  In PA a landlord only needs to give 30 days notice for a month to month tenant.  My worry is that I already gave him 100 days to move out, can I modify that now and ask that he leaves sooner so that I can tend to my property sooner?

Thanks in advance for your input.

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Jim K.#3 Investor Mindset Contributor
  • Handyman
  • Pittsburgh, PA
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Jim K.#3 Investor Mindset Contributor
  • Handyman
  • Pittsburgh, PA
Replied

@Jesenia Peralta

The problem is that you would need to change his notice now from 85 days to 15 days. No, you can't do it in PA. You CAN change it to 30 days starting from now, but not 15, as you are planning to do. One notice supersedes another. It can't borrow credit in the form of days from the former notice.

There was no need to sign any sort of month-to-month addendum. After a lease is over in PA it automatically changes to a month-to-month lease.

If you are reduced to having to do a cash-our refinance in order to fix a roof, you have been running your rental property with sharply insufficient reserves. You need to rectify this or it will eventually break you when you don't get lucky.

There are easier ways to borrow short-term money for something like this than doing a cash-our refinance. Find a roofing company who accepts credit card payments. Put the repair on your card. Then apply for a balance transfer card that will allow you 18 months of zero interest as long as you pay 3% extra on a balance when you transfer it. Put the balance for the roof repair on the new card as soon as it comes through and spend the next few months paying it off.

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