Tenant rent past due, no one living in home

[Susan Fromm]

This is in Pennsylvania. I have a rental next door (and this is the only rental I have). A few months ago the tenant announced that he was "working as a truck driver and you won't see me much". He has lived there over 2 years with a one year lease that has renewed itself. The utilities are set to automatically go back to me when a tenant leaves. So far that hasn't happened. I haven't seen the tenant for a month and now rent for April is 30 days past due and May rent is 3 days past due. His cell phone number reports "no longer in service". His alternate contact also does too.

The lease says The tenant is in default if rent is not paid when due. then one of the terms in the event of default says:

"B. Landlord may cancel the Lease by giving Tenant a written three day notice stating the date the term will end. On that date the term and Tenant's rights in this Lease automatically end and Tenant must leave the premises and give Landlord the keys. Tenant continues to be responsible for rent, expenses, damages and losses."

Since I can't personally give the notice I assume I could send a certified letter even though he isn't there.

My question is that all I need to do? Do I need to go to the magistrate?

I ask that mostly because the last time I did for an issue to get a bill paid they gave a date that was over two months out and said that was usual because of staffing.

[Joel Owens]

I do not know about Pennsylvania as it would depend on that state's statutes and landlord tenant laws.

What you can't do is self- help eviction. Each state has personal property disposal laws that must be followed. If the tenant isn't there by what you have said with the lease it looks like they are in default under your agreement.

That doesn't mean you can just go in and re-rent to someone else. In each state there is an amount for instance in Georgia some attorneys say if it looks like 500 dollars or less of items are left in the unit and they have vacated then you do not have to evict.

If you go in the unit you would need to check if it is totally vacant or personal property is stored there. You need to give notice at the door that you are going to enter for an inspection with usually 24 to 48 hours notice taped to the door unless there is an emergency with the unit. If a tenant is storing valuable property there and you move it they can claim there 5,000 ring is missing it and you have lost the family heirloom etc. This is why it is best to go through with the eviction. It is tough as sometimes you lose an extra month of rent waiting for the Marshall to come out and displace the tenant. You need to change all the locks after evicting. There is no telling who keys have been given too or what kind of verbal or written agreement this defaulted tenant has made with others for a place to crash.

No legal advice. Seek legal counsel in your area (eviction attorneys) who can possibly guide you through this.