Navigating the eviction process in York, PA can be complicated! Therefore, it is important for landlords to have a clear understanding of which scenarios constitute grounds for eviction as well as the proper procedures to follow. Here are some common reasons why landlords may want or need to evict their tenants:
- Unpaid rent
- Habitual late rental payments
- Violation of the rental agreement
- Expiration of the rental term
- The tenant is creating a chronic nuisance or has engaged in criminal activity
- The rental property has been substantially damaged by the tenant or by someone under the tenant’s control
While there are many reasons why landlords may want or need to evict their tenants, it is important that proper protocol is followed to
ensure that the process is completed while remaining compliant with Pennsylvania law. The process begins with the completion and service of a Notice to Quit.
What is a Notice to Quit?
A notice to Quit is a written document that is delivered by a landlord to his or her tenant(s) which states that he or she must vacate the property by a certain date. Obtaining a Notice to Quit is the first step in the eviction process in York, PA.
The notice to quit will begin on the day it is given to the tenant, whereas in other states the countdown starts on the following day. Be mindful that weekends and holidays are not discounted, therefore every day counts unless otherwise stated in the lease agreement.
How to Complete a Notice to Quit
This written notice should include the following information which should be entered into the blank fields seen on the form:
- Date of service to the tenant and name(s) of tenant(s)
- Tenant(‘s) address
- Amount of rent due and the months for which the payments are due
- Landlord’s signature and printed name
When considering the eviction process in York, PA, it’s important to understand the different types of Notices to Quit that will affect the way in which each must be completed: 10-day, 15-day, and 30-day.
10-Day Notice to Quit
A 10-Day Notice to Quit is a formal written notice to notify a tenant of a breach, which in this case is for the failure to pay rent when due and demands for past-due rent to be satisfied within 10 days or for the tenant to be removed from the premises. The landlord can send a Notice to Quit the day after a tenant fails to pay rent, as there is no grace period in the state of Pennsylvania. In cases of nonpayment of rent, the Pennsylvania eviction notice is a 10-Day Notice
15-Day Notice to Quit
If the reason for the eviction is for anything other than nonpayment of rent, and your lease agreement is one year or less, a landlord needs to serve a 15-Day Pennsylvania eviction notice.
30-Day Notice to Quit
For eviction reasons other than nonpayment of rent for a lease that is more than one year, the notice must be a 30-Day Eviction Notice unless the written lease indicates otherwise.
Once the appropriate Notice to Quit has been completed, landlords must serve it to their tenant(s).
Service of Notice
The notice is able to be served in any of the following ways:
- In person
- By being posted on the main door of the property
- By being posted anywhere on the property that it is visible to the tenant
Simply mailing the notice does not satisfy the requirement.
Summons and Complaint
If the tenant fails to comply with the notice, the landlord must file and serve a complaint in the Magisterial District Justice Court or Court of Common Pleas. The complaint will indicate that an eviction hearing will be held within one or two weeks.
Eviction Hearing and Order of Possession
If the landlord is able to prove that the tenant violated the lease and that proper notice was given, the court will issue a Judgment for Possession. The tenant has 10-days to appeal the decision regarding the possession judgment and 30-days for any money judgment. If the tenant remains on the property after 10 days have passed, the landlord can request a Writ of Possession to be given to the tenant advising that he or she has no more than 11-days to vacate or be forcibly removed by a sheriff.
The eviction process in York, PA can be a complicated process that is best handled by an experienced property manager. Bay Property Management Group York County can provide the assistance you need to navigate the process and get rid of your bad tenants. Contact our York property management team to get started on your way to quality tenants and increased return on investment.