What is needed and how do you evict someone who is behind on rent?
Full Question:
We have just become landlords, we were given an apartment in an inhertance, the tenant has not paid rent in 3 months and will not pay, what can we do and what do we have to do legally to get him out of the apartment?
05/18/2007 |
Category: Landlord Tenant |
State: Pennsylvania |
#5222
Answer:
68 P. S. § 250.511a. Escrow funds limited
(a) No landlord may require a sum in excess of two months'
rent to be deposited in escrow for the payment of damages to
the leasehold premises and/or default in rent thereof during
the first year of any lease.
(b) During the second and subsequent years of the lease or
during any renewal of the original lease the amount required to
be deposited may not exceed one month's rent.
(c) If, during the third or subsequent year of a lease, or
during any renewal after the expiration of two years of
tenancy, the landlord requires the one month's rent escrow
provided herein, upon termination of the lease, or on surrender
and acceptance of the leasehold premises, the escrow funds
together with interest shall be returned to the tenant in
accordance with sections 511.2 and 512.[fn1]
(d) Whenever a tenant has been in possession of premises for
a period of five years or greater, any increase or increases in
rent shall not require a concomitant increase in any security
deposit.
(e) This section applies only to the rental of residential
property.
(f) Any attempted waiver of this section by a tenant by
contract or otherwise shall be void and unenforceable.
[fn1] 68 P. S. § 250.511b and 250.512.
68 P. S. § 250.511b. Interest on escrow funds held more than two years
(a) Except as otherwise provided in this section, all funds
over one hundred dollars ($100) deposited with a lessor to
secure the execution of a rental agreement on residential
property in accordance with section 511.1[fn1] and pursuant to
any lease newly executed or reexecuted after the effective date
of this act shall be deposited in an escrow account of an
institution regulated by the Federal Reserve Board, the Federal
Home Loan Bank Board, Comptroller of the Currency, or the
Pennsylvania Department of Banking. When any funds are
deposited in any escrow account, interest-bearing or
noninterest-bearing, the lessor shall thereupon notify in
writing each of the tenants making any such deposit, giving the
name and address of the banking institution in which such
deposits are held, and the amount of such deposits.
(b) Whenever any money is required to be deposited in an
interest-bearing escrow savings account, in accordance with
section 511.1, then the lessor shall be entitled to receive as
administrative expenses, a sum equivalent to one per cent per
annum upon the security money so deposited, which shall be in
lieu of all other administrative and custodial expenses. The
balance of the interest paid shall be the money of the tenant
making the deposit and will be paid to said tenant annually
upon the anniversary date of the commencement of his lease.
(c) The provisions of this section shall apply only after the
second anniversary of the deposit of escrow funds.
[fn1] 68 P. S. § 250.511a.
68 P. S. § 250.511c. Bond in lieu of escrowing
Every landlord subject to the provisions of this act may, in
lieu of depositing escrow funds, guarantee that any escrow
funds, less cost of necessary repairs, including interest
thereon, shall be returned to the tenant upon termination of
the lease, or on surrender and acceptance of the leasehold
premises. The guarantee of repayment of said escrow funds shall
be secured by a good and sufficient guarantee bond issued by a
bonding company authorized to do business in Pennsylvania.
68 P. S. § 250.512. Recovery of improperly held escrow funds
(a) Every landlord shall within thirty days of termination of
a lease or upon surrender and acceptance of the leasehold
premises, whichever first occurs, provide a tenant with a
written list of any damages to the leasehold premises for which
the landlord claims the tenant is liable. Delivery of the list
shall be accompanied by payment of the difference between any
sum deposited in escrow, including any unpaid interest thereon,
for the payment of damages to the leasehold premises and the
actual amount of damages to the leasehold premises caused by
the tenant. Nothing in this section shall preclude the landlord
from refusing to return the escrow fund, including any unpaid
interest thereon, for nonpayment of rent or for the breach of
any other condition in the lease by the tenant.
(b) Any landlord who fails to provide a written list within
thirty days as required in subsection (a), above, shall forfeit
all rights to withhold any portion of sums held in escrow,
including any unpaid interest thereon, or to bring suit against
the tenant for damages to the leasehold premises.
(c) If the landlord fails to pay the tenant the difference
between the sum deposited, including any unpaid interest
thereon, and the actual damages to the leasehold premises
caused by the tenant within thirty days after termination of
the lease or surrender and acceptance of the leasehold
premises, the landlord shall be liable in assumpsit to double
the amount by which the sum deposited in escrow, including any
unpaid interest thereon, exceeds the actual damages to the
leasehold premises caused by the tenant as determined by any
court of record or court not of record having jurisdiction in
civil actions at law. The burden of proof of actual damages
caused by the tenant to the leasehold premises shall be on the
landlord.
(d) Any attempted waiver of this section by a tenant by
contract or otherwise shall be void and unenforceable.
(e) Failure of the tenant to provide the landlord with his
new address in writing upon termination of the lease or upon
surrender and acceptance of the leasehold premises shall
relieve the landlord from any liability under this section.
(f) This section shall apply only to residential leaseholds
and not to commercial leaseholds.
68 P. S. § 250.513. Appeal by tenant to common pleas court
(a) Every tenant who files an appeal to a court of common pleas of a
judgment of the lower court involving an action under this act for the
recovery of possession of real property or for rent due shall deposit
with the prothonotary a sum equal to the amount of rent due as determined
by the lower court. This sum representing the rent due or in question
shall be placed in a special escrow account by the prothonotary. The
prothonotary shall only dispose of these funds by order of court.
(b) Within ten days after the rendition of judgment by a lower court
arising out of residential lease or within thirty days after a judgment
by a lower court arising out of a nonresidential lease or a residential
lease involving a victim of domestic violence, either party may appeal to
the court of common pleas, and the appeal by the tenant shall operate as
a supersedeas only if the tenant pays in cash or bond the amount of any
judgment rendered by the lower court or is a victim of domestic violence
and pays in cash any rent which becomes due during the court of common
pleas proceedings within ten days after the date each payment is due into
an escrow account with the prothonotary or the supersedeas shall be
summarily terminated.
(c) Upon application by the landlord, the court shall release
appropriate sums from the escrow account on a continuing basis while the
appeal is pending to compensate the landlord for the tenant's actual
possession and use of the premises during the pendency of the appeal.
(d) Upon application by the tenant, the court shall release appropriate
sums from the escrow account on a continuing basis while the appeal is
pending to directly compensate those providers of habitable services which
the landlord is required to provide under law or under the lease.
(e) As used in this section, the following words and phrases shall have
the meanings given to them in this subsection:
"Lower court." District justice, magistrate or any other court having
jurisdiction over landlord and tenant matters, excluding a court of
common pleas.
"Victim of domestic violence." A person who has obtained a protection
from abuse order against another individual or can provide other suitable
evidence as the court shall direct.