All Forum Posts by: Johnny Mack

Thanks everybody. Might just move on

So the story gets better. I’m evicting a tenant and I avoided the judge and came to an agreement for the tenant to move out in 45 days. However, the tenant called themselves suing me with wild claims, as I flipped through the paperwork I saw a lease similar to mine with small differences, but most of all the signature is nothing like mine, neither is the notary stamp. I admit, 3 years ago on my first and only property I googled a PA compliant lease, made some changes and used it, so it was easy for the tenant to find. The tenant dropped the suit. But I would like to press charges. What is my next step? Go to the precinct, or hire a lawyer. Thanks for any help once again.

Quote from @Greg Scott:

Quote from @Peter M.:

@Johnny Mack Check your state laws. Everyone who has posted about not accepting partial payments probably live in states where it matters. In Texas for example there is no "clock". I can accept partial payments and still evict, it only changes the amount awarded in the judgement. An eviction case is for a breach in a contract. They failed to pay as agreed. Simple. They get out. (I had a judge explain this to me and a tenant right before he ruled in my favor) In Texas that is how most JPs interpret the law (landlord friendly state). But a JP in urban Dallas may not rule the same as a JP in a rural county. PA may or may not be that way but you need to talk to a lawyer or other landlords in your area who know how the court works and leans.

I love Texas and have many real estate investments there.  Most lists I've seen TX is the most landlord friendly.  PA seems to be in the top 10 so hopefully you have more options.

FWIW, I invest a lot in IN and it is often cited as the 2nd most landlord friendly state, and also MI which is also in the top 10.  In both instances, accepting partial payments kills the eviction proceedings.

Yeah, problem is, Philly has some the most tenant friendly laws that supersedes PA laws.

Quote from @Matt Bishop:

@Johnny Mack, oh the tangled web we weave when first we practice to self manage our properties.. I believe you would enjoy ownership more and make more money if you partner with a great property management company.

Oh trust me, after this. I certainly will be using a property manager.

Quote from @Theresa Harris:

Talk to your lawyer. I wouldn't accept the partial payment though if they are still not caught up on rent, it may not matter.  But why risk it at this point?

I totally agree, I will call them on Tuesday. Thank you.

Quote from @Greg Scott:

Typically if you accept any payment, the current eviction process ends.  We never accept partial payment for a resident in eviction status.

Technically I did not except it, they used the rent redi app and made a partial payment, I should have turned it off. The original reason why they are being evicted is for breach of lease, they stopped paying afterwards until now. Would returning the payment help?

I have a  rental  property in Philadelphia, PA where I am currently in the process of an eviction. I was notified that we have a court date in another week for the eviction for breach of lease, damages, and non payment etc. The tenant has been making partial payments until a few months ago when they stopped making payments completely. Just today, the tenant made another partial payment. Will this slow up, or hurt my chances of getting the tenant out of the property? I have no problem returning the payment if that helps at this point as I just want the property vacant so I can begin repairst. Thank you for any help.

They weren't interested in seller financing, they just backed out of the deal

@Tim Herman yeah, learned that the hard way lol