Evicted Once Before But...

[Nick M.]

Hi All,

Few days ago I purchased a multifamily [in PA] and inherited a tenant who is late on his November rent.  Digging into it a bit further, since moving in March 2016 he's been habitually late and in Jan/Feb 2017 was given an eviction.  Some how he and the previous landlord came to terms and for the last 6 months or so he's been on time.  However, he's now slipped into lateness.  Having spoken to him, he's claiming some bank issues (no specifics given).

It's now the 19th of November.  Having learned he's been habitually late and once before served an eviction notice [from seller of property], I don't have an appetite to keep him any longer.  Question:

Notice to Vacate always seem to read: Pay up to avoid eviction or leave in X days.  Can the notice be written so it says pay up and just leave (not giving them the option to stay)?  He's currently on a month to month lease and landlord/tenant are supposed to give 60 days notice to leave if the lease is being abided by.  In this case, because he hasn't paid rent can I just tell him to leave in X days?

[Thomas S.]

No, tenants have the right to catch up prior to evicting. If you want any hope of seeing any money begin with the pay or quit notice and if he pays then give him the 60 day notice to non renew. You will not see any more money after that.

If he does not pay continue with the eviction to make sure it goes on his record and at the same time you serve the 60 day notice to non renew before the end of November.

Simply serving the 60 day notice to non renew will not guarantee he will leave resulting in you having to evict if he refuses to leave at the end of January.

Following through with the eviction process may motivate him to leave sooner there by costing you less in lost rental income. What ever you do you must not renew his M2M lease, get rid of him regardless of whether he pays or not.

Make sure you only use M2M leases in the future for all tenants if you wish to remain in control of your business.