Can I Evict a Tenant for Not Turning on the Electricity and Having Roaches?
Full Question:
Answer:
While there is no law requiring a tenants to have electricity. they must obey health and building code regulations, such as regulations related to the removal of garbage or notification of insect or rodent infestation. A tenant has a general duty to act reasonably. This duty encompasses duties of the tenant to obey laws, regulations, building codes, and health and safety codes.
Related reasons for having electricity are a tenant’s duty to: 1. Keep the premises safe and sanitary. 2. Dispose of rubbish in the proper manner. 3. Keep the plumbing fixtures as clean as their condition permits. 4. Use electrical and plumbing fixtures properly. 5. Comply with housing, health, and safety codes that apply to tenants. 6. Refrain from damaging the premises and keep guests from causing damage. 7. Maintain appliances supplied by the landlord in good working order.
Factors to be considered may include:
(1) whether the condition violates a housing law, regulation, or ordinance;
(2) the nature and seriousness of the defect;
(3) the effect of the defect on safety and sanitation;
(4) the length of time the condition has persisted; and
(5) the age of the structure.
A written notice of the violation should be sent to the tenant. If the problem isn’t corrected within the specified time, the lease may be terminated according to the lease terms or the statute below if there is no lease in effect.
The following is a PA statute governing termination of at-will tenancies:
68 P. S. § 250.501. Notice to quit
(a) A landlord desirous of repossessing real property from a tenant
except real property which is a mobile home space as defined in the act
of November 24, 1976 (P.L. 1176, No. 261),[fn1] known as the "Mobile Home
Park Rights Act," may notify, in writing, the tenant to remove from the
same at the expiration of the time specified in the notice under the
following circumstances, namely, (1) Upon the termination of a term of
the tenant, (2) or upon forfeiture of the lease for breach of its
conditions, (3) or upon the failure of the tenant, upon demand, to
satisfy any rent reserved and due.
(b) Except as provided for in subsection (c), in case of the expiration
of a term or of a forfeiture for breach of the conditions of the lease
where the lease is for any term of one year or less or for an
indeterminate time, the notice shall specify that the tenant shall remove
within fifteen days from the date of service thereof, and when the lease
is for more than one year, then within thirty days from the date of
service thereof. In case of failure of the tenant, upon demand, to
satisfy any rent reserved and due, the notice shall specify that the
tenant shall remove within ten days from the date of the service
thereof.
(c) In case of the expiration of a term or of a forfeiture for breach
of the conditions of the lease involving a tenant of a mobile home park
as defined in the "Mobile Home Park Rights Act," where the lease is for
any term of less than one year or for an indeterminate time, the notice
shall specify that the tenant shall remove within thirty days from the
date of service thereof, and when the lease is for one year or more, then
within three months from the date of service thereof. In case of failure
of the tenant, upon demand, to satisfy any rent reserved and due, the
notice, if given on or after April first and before September first,
shall specify that the tenant shall remove within fifteen days from the
date of the service thereof, and if given on or after September first and
before April first, then within thirty days from the date of the service
thereof.
(c.1) The owner of a mobile home park shall not be entitled to recovery
of the mobile home space upon the termination of a lease with a resident
regardless of the term of the lease if the resident:
(1) is complying with the rules of the mobile home park; and
(2) is paying the rent due; and
(3) desires to continue living in the mobile home park.
(c.2) The only basis for the recovery of a mobile home space by an
owner of a mobile home park shall be:
(1) When a resident is legally evicted as provided under section 3 of
the "Mobile Home Park Rights Act."
(2) When the owner and resident mutually agree in writing to the
termination of a lease.
(3) At the expiration of a lease, if the resident determines that he no
longer desires to reside in the park and so notifies the owner in
writing.
(d) In case of termination due to the provisions of section 505-A,[fn2]
the notice shall specify that the tenant shall remove within ten days
from the date of service thereof.
(e) The notice above provided for may be for a lesser time or may be
waived by the tenant if the lease so provides.
(f) The notice provided for in this section may be served personally on
the tenant, or by leaving the same at the principal building upon the
premises, or by posting the same conspicuously on the leased premises.
