[askme1]

Hi,

I have a tenant who gave me 30 days notice to leave but lease has 60 days notice and she didn't pay current month's rent... says the security deposit covers that but lease states security is not rent.

The risk is overstaying her notice and then starting the eviction process would lost a lot of time.

Tenant is in PA.

Any advice or experience?

Thanks,
Matt

[N0help4u]

Yes the Pa rule is sec dep is not considered rent.
You can give her a written eviction notice -certified mail as well as hand delivered is best. Then after the time is up and she has not left or paid up you can go to the district magistrate and file a formal eviction.

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15 days before filing an eviction case, if your lease is for one year or less; or
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30 days before filing an eviction case, if your lease is for more than one year.

Pennsylvania Evictions

[askme1]

OK...

How much security deposit can I keep due to unproper notice? She has 2 mth security and lease does state criteria of security deposit return such as proper notice..

Also, I have other criteria for return of deposit such as removing all personal belongings and other things but what is the law/rules for keeping security and how much?

[N0help4u]

I think the security deposit is separate from the proper notice. You would have to sue for whatever amount they owe.
The security deposit is for damages to the apartment.
Just like she can not say the sec dep is to cover the rent neither can you keep it toward rent.
I think your best bet is to go with a legal eviction.
I think you would be entitled to hold on to the sec dep until they pay up or deduct it from what is not paid but technically you can't just say it is being held toward rent.