Ending a month to month lease because I want to move in

[Matthew Koch]

Hello,

Is anyone here familiar with moving someone out (not lawful eviction) because you plan to move into the rental yourself? 
I am curious about notice required (lease clearly states that it's month to month) and requires only 30 days but I am just wondering about the legality in PA.  

Thank you!

[Kevin Sobilo]

@Matthew Koch, I think you are on track here. You want to non-renew their month to month rental agreement. The rental agreement says 30 days notice which conforms to PA laws.

So, you give them a notice and document that. That could be by having them sign saying they received it with a date, certified mail, posting a notice etc. You want to make sure they got the notice and document that along with the date.

If they do not leave, you then proceed to evict them as a holdover tenant. That means going to the magistrate who will give them a little more time to leave. If they still don't leave by the date the magistrate sets, then you hire a constable who will post a ~10 day notice with a specific day and time you will meet them there and the constable will forcibly evict them on the spot.

I don't believe the fact that you plan to move into the unit yourself impacts the situation in PA. In some other states especially tenant friendly states it might but PA is pretty neutral in my opinion and I don't think it really matters here.