Non Paying Tenant in Pennsylvania HOW TO PROCEED

[Ben Pentz]

So I have tenants that are habitually late with paying rent and I worked with them for a few months until this month they are late and unwilling to communicate.  After last month's late rent I had them agree to not renewing the lease (auto converts to month-to-month) and had them sign an agreement that they understood this and would move out by that time which is Sep. 30th.     Now fast forward to now and they are not paying and also not communicating as no surprise to me.    My question is:  what is the best way to handle this situation?   They are in their second year of tenancy and I want to serve them notice to quit but am unsure which notice and timeline to impose on this.   Also, I would not want to allow the option for them to 'pay' or quit and just want to 'quit' and get them out.  Also, Can I get away with a 10 day notice since it is for non payment but they are in second year of tenancy or do they get 30 days?   Any input appreciated.  Thanks!

[Gail K.]

"They are currently in default of their lease for non payment of rent. Couldn't I serve them with a 10 day pay or quit thus forcing them to pay and/or allowing me to start eviction process?"

Yep.  Doesn't matter how long they have resided there.  Your tenants have not paid this months rent.  You need to have started the eviction process the day they were late on the rent.

If your state requires a 10 day Pay or Quit notice, provide this now.  If a shorter time period for the Pay or Quit, do this.

The important step is to begin the process of eviction now.  The first step would be the Pay or Quit notice.  If no response (i.e. payment) from your tenants within the time period the second step is filing for the actual eviction through your court system.

Gail