How can a lease be terminated in the Commonwealth of Pennsylvania?
If there is a written lease, the lease will generally contain provisions for giving notice. If the lease says nothing about giving notice, the tenant is not required to do so if the tenant moves out at the expiry of the lease. But whether it is stated in the lease or not, a tenant should give the landlord as much notice as possible. If the lease is month-to-month, either party can terminate by giving 30 days written notice to the other party.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for the following reasons:
(a) the term of the lease has expired;
(b) the tenant is behind in the rent; or
(c) the tenant has breached a provision of the lease.
The landlord does not need a reason to evict a tenant if the landlord has given the tenant proper notice that the landlord wants the premises back at the end of the lease term.
A landlord must file a complaint with the District Justice’s office and obtain an Order for Possession before the tenant can be evicted. The landlord cannot forcibly remove the tenant, only a constable or sheriff can do this. The landlord cannot seize a tenant’s belongings or sell them to pay outstanding rent. A landlord also cannot threaten a tenant, change the locks or cut off essential services or utilities in order to force a tenant to move.
Residents of a mobile home park (i.e. those who own their mobile home and are renting lot space) can only be evicted for the following reasons:
(a) nonpayment of lot rent;
(b) two or more violations of park rules within a 6-month period; or
(c) the park is closing or the park land is being changed to a different use.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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