[agitatedinPA]

My landlord gave me a 10 day notice to pay or leave .I got behind on my rent because of missing 2 weeks of work at the end of October that lead to November .I had agreement to pay extra amonth till I got caught up.My rent is 425.00 a month and I have giving him 500-550 a mont since end of December. He also comes pounding on my door with out a 24 hour notice and insists I answer the door,and when he calls if I don't get the phone right away he harassed me about it ,I had an incident today where he called and I called back and he starts yelling at me telling me to get out.He was also calling me a en . Repeatedly. Can he make me get out if I don't pay him the $1400 he says I owe with my workmanscomp condition?

[momma7876]

Go to this web link and read up on it this should tell you all your rights


http://www.attorneygeneral.gov/uploa...tenant_act.pdf

[JudyKayTee]

go to this web link and read up on it this should tell you all your rights


http://www.attorneygeneral.gov/uploa...tenant_act.pdf

You posted Pennsylvania law. Is OP in Pennsylvania?

[momma7876]

Not sure I just assumed PA seeing as those are the last part of his "name" what is "OP"

[JudyKayTee]

My landlord gave me a 10 day notice to pay or leave .i got behind on my rent because of missing 2 weeks of work at the end of october that lead to november .I had agreement to pay extra amonth till i got caught up.My rent is 425.00 a month and i have giving him 500-550 a mont since end of december. He also comes pounding on my door with out a 24 hour notice and insists i answer the door,and when he calls if i dont get the phone right away he harrasses me bout it ,i had an incident today where he called and i called back and he starts yelling at me telling me to get out.He was also calling me a en . repeatedly. can he make me get out if i dont pay him the $1400 he says i owe with my workmanscomp condition?

Your financial condition - even though it's caused by illness or injury - does not negate your obligation to pay rent as agreed either orally or by written lease. Do you know why he was willing to take a little extra money every month toward the unpaid rent and now he's changed his mind - not that it matters because the landlord can evict you if you are month-to-month at any time if he/she follows the requirements of your State.

He certainly has no right to call you names or harass you. If you have been legally served, yes, he can evict you.

[agitatedinPA]

No he just wrote up an letter stating for eviction if I don't pay in 10 days then he said I haven't pain him for the last 2 months but he gave me recipts dated for jan and February for 550 each so where he gets I didn't pay I don't know

[momma7876]

no he just wrote up an letter stating for eviction if i dont pay in 10 days then he said i haven't pain him for the last 2 months but he gave me recipts dated for jan and february for 550 each so where he gets i didnt pay i dont know

If he gave you a receipt then he "hung himself" on that one those will and should hold up in court as payment I do know that here in Kansas I can evict my tenants with a 3 day eviction for nonpayment so it is best to check your states landlord tenant laws.

[momma7876]

I know it is a lot to read but hope this helps (it is from PA landlord tenant act 68 P.S. §§ 250.101-250.602
“LANDLORD AND TENANT ACT OF 1951”)



Section 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)3, 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-A4, 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.
Section 250.502. Summons and service
(a) Upon the filing of the complaint, the justice of the peace shall issue a
Summons which reflects substantially the complaint, is directed to any writ server, constable
Or the sheriff of the county and commands that writ server, constable or sheriff to summon the
Tenant to appear before the justice of the peace to answer the complaint on a date not less
Than seven nor more than ten days from the date of the summons.
(b) The summons may be served personally on the tenant, by mail or by posting
The summons conspicuously on the leased premises.
Section 250.503. Hearing; judgment; writ of possession; payment of rent by tenant
(a) On the day and at the time appointed or on a day to which the case may be
Adjourned, the justice of the peace shall proceed to hear the case. If it appears that the
Complaint has been sufficiently proven, the justice of the peace shall enter judgment against
The tenant:
(1) that the real property be delivered up to the landlord;
(2) for damages, if any, for the unjust detention of the demised premises; and
(3) for the amount of rent, if any, which remains due and unpaid.
(b) At the request of the landlord, the justice of the peace shall, after the fifth
Day after the rendition of the judgment, issue a writ of possession directed to the writ server,
Constable or sheriff, commanding him to deliver forthwith actual possession of the real
Property to the landlord and to levy the costs and amount of judgment for damages and rent,
If any, on the tenant, in the same manner as judgments and costs are levied and collected on
Writs of execution. The writ is to be served within no later than forty-eight hours and executed
On the eleventh day following service upon the tenant of the leased premises. Service of the
Writ of possession shall be served personally on the tenant by personal service or by posting
The writ conspicuously on the leased premises.
(c) At any time before any writ of possession is actually executed, the tenantmay, in any case for the recovery of possession solely because of failure to pay rent due,
Supersede and render the writ of no effect by paying to the writ server, constable or sheriff the
Rent actually in arrears and the costs.