My husband and I signed a one year lease on March 16, 2014. The landlord had us sign an addendum to the lease saying he could evict us at any time without having to go through a PA magistrate. At the end of May, my husband suffered a heart attack and is temporarily out of work. As a result, our June rent is late. Today, June 20th, the landlord brought us a letter saying we have to vacate the premises by July 5th. He sites the rent being late and our storing boxes in the basement of the house as his reason. There is nothing in the lease that says we do not have a right to use the basement for storage. He shows up at our house 3 to 4 times every week to look around, go in basement, go in shed etc. Can he evict us without a magisterial hearing even though we signed his addendum? We did not fully understand what we were signing. We live in Littestown, Adams County, PA.

Boxes don't mean much, late rent payment does. Why did you sign the amendment if you did not now what it meant?

I don't know. He made it part of the lease and we signed it. Question is, will it hold up?

Unless it goes against commonly accepted forms used in PA leases, it will hold up. I understand your lack of funds but you signed the lease. Husband does not get any sick pay? Do you work?

The really funny issue, you can deny to move, he will have to still go to magistrate to see if it will hold up.

You signed away your right for a eviction hearing, and a legal eviction though the court. The issue, without going to court, you can not find out, if it is legal or not.

Going to court, will only give you maybe 2 or 3 weeks, extra, and you will have to move.

Also, the landlord, can not come into the house, without giving you proper notice, that is at least 24 hours. You do not have to allow him in. to look around.

The word evict has a legal meaning, and it trumps any meaning he gives it. He can't throw you out and he can't change the locks. So what you signed is meaningless. He has to evict you in court, using the entire process required in PA. But he's going to do that, and it was foolish to just let things slide with the rent. It doesn't sound like you even notified him on the first of June. What have you done about any sick pay, rental loan from your town, talking to town social worker, anything? You can't just hide your head in the sand and react to what others do first. Get on the phone and start calling.
(Yes, a landlord can still follow through with an eviction even if you come up with the rent late.. TALK to him about that, and try to stay. Don't dwell on boxes in the basement right now! And yes, he can say they can't be there, even if that wasn't in the lease. But you need to concentrate on what matters now, which is money.)

I have to agree with Joy, you can't legally sign away rights given by law. So I doubt if this will hold up in court. This site give you the rules on PA evictions: Pennsylvania Evictions (http://rentlaw.com/eviction/paeviction.htm) Notice the bolded part;

For a Landlord to evict you in Pennsylvania:


They must go to court,

I think the court will not like this addendum at all. But that doesn't change the fact that your rent is late. And unless you can pay it in full with late charges, you will be evicted by the courts.

Your answers helped a lot. We tried to pay the rent today but he refused it. He said he wants June and Julys rent plus he has now added $600 for propane he bought for the house before we moved in. He wants all of this by 5:00 tomorrow, June 23rd, or he says he is terminating the lease. I don't believe he can ask for Julys rent to be paid before July even gets here. The lease also says I can have my four dogs and I pay $50 extra per month. He now says that I am not allowed to have anyone visit with their dog. He also has neighbors watching me to "report" if they see other dogs on the property. I love my house but feel like I can never relax in it because I don't know what to expect from him next.

No, he cannot require that you pay in advance. Clearly he wants you out and I would start looking for a new place. But I would inform him that you have checked on your rights. That if he refuses to accept payment in full for June, you will put that money in a separate savings account as escrow to prove you were prepared to pay. That you were advised that the addendum will not hold up in court and that you look forward to your day in court to show how he has violated landlord/tenant law.

Tell him also, that you understand that he no longer wants you for a tenant so you will be looking for a new place to live, but you do need time to do so. And I would do this in writing.

Without reading the text of the waiver in the lease, one doesn't know for sure what it provides, but it may be that it waives liability for what otherwise would be an illegal constructive eviction/ ouster on the part of the landlord. It is an interesting question whether this will hold up.


The lease also says I can have my four dogs and I pay $50 extra per month. He now says that I am not allowed to have anyone visit with their dog. He also has neighbors watching me to "report" if they see other dogs on the property.

I'm not sure what you are saying here. Are you running some sort of dog-boarding business? If so, that might make it a commercial, rather than residential, lease. Different rules apply.