Question on not renewing a month-to-month lease

[Kevin Miklusko]

Hello everyone! I live in the Pittsburgh area and am a brand spanking new investor. I am in the process of purchasing my first multi-family property. I'm using conventional financing using FHA as I plan to live in one of the units for the first year while I rehab it. My closing is currently set for March 4. The problem is, the unit I want to live in is occupied by a tenant whom I will be inheriting. Since he is on a month-to-month lease, which renews on the 1st of every month, can I legally give him 30 days notice to vacate (which would take it to April 4)?

PA law states that "any change in the lease should only take place at the beginning of a "new term." This means that, in an oral month-to-month lease, the landlord must give the tenant the notice at least one full rental period (in this case, one month) before the change is to take place."

"Example: The landlord wants to raise the rent in an apartment rented under an oral lease where the rent is to be paid on the first of each month. The landlord gives the tenant a written notice of the raise in the rent on January 20. The change cannot take effect until March 1."

I'm worried that if I serve him a notice to vacate in 30 days on 3/4, that I'm doing it 4 days into his new term, which technically is not a full rental period...which means he wouldn't have to leave until 4/30 instead of 4/4. Can anyone provide any insight into this? Am I allowed to serve him a notice on 3/1 even though I haven't closed on the property yet?  Help! 

Kevin

[Thomas S.]

Close on the sale, this will assure the seller the deal is done, but insist he give notice to the tenant to not renew their lease as part of your closing. Move the close date to accommodate the notice to vacate based on them actually being out of the property. Again your closing date will be contingent on vacancy. You either get what you want or you walk away from the deal since your financing depends on it.

However be aware that banks do not follow up on the occupancy financing requirements so you could simply not move in immediately while you are evicting, Even if the bank did find out they would not have a issue since it is still your intent to move in. Banks understand these situations. It all comes down to your intent. 

If the seller does not agree his issue is not with fear of you not closing it is because he simply does not want to be the bad guy.