As a landlord in Pennsylvania, it is important to understand how to handle lease violations in order to maintain a positive relationship with your tenants and protect your property. Lease violations can range from minor issues, such as failing to take out the trash, to more serious violations like damaging the property or engaging in illegal activity. In this blog post, we will discuss the steps you can take as a landlord to handle lease violations in Pennsylvania.
Review your lease agreement
Before taking any action, it is important to review your lease agreement to ensure that the tenant has actually violated the terms of the lease. Make sure that the lease agreement clearly outlines the rules and expectations for tenants, and that the tenant was aware of these rules when they signed the lease.
Document the violation
Once you have confirmed that a lease violation has occurred, document the violation by taking photos, videos, or written notes. This documentation can be useful later on if legal action becomes necessary.
Provide written notice to the tenant
In Pennsylvania, landlords are required to provide written notice to the tenant before taking any legal action. The notice should clearly state the lease violation and provide a deadline for the tenant to rectify the situation. The notice should also inform the tenant of the consequences of failing to address the violation, such as eviction.
Give the tenant time to rectify the situation
After providing written notice, give the tenant a reasonable amount of time to rectify the situation. The amount of time given will depend on the severity of the violation. For minor violations, a few days may be sufficient, while more serious violations may require several weeks.
Consider mediation
If the tenant fails to rectify the situation, consider mediation as a way to resolve the issue without going to court. Mediation can be a less expensive and less time-consuming alternative to legal action. A mediator can help both parties come to a mutually acceptable resolution.
File for eviction
If mediation fails and the tenant still has not rectified the situation, it may be necessary to file for eviction. In Pennsylvania, landlords must file a complaint with the local magistrate court to begin the eviction process. The court will then schedule a hearing, and if the judge rules in the landlord’s favor, the tenant will be given a deadline to vacate the property.
Keep records
Throughout the entire process of handling lease violations, it is important to keep records of all communication and actions taken. This includes keeping a copy of the lease agreement, written notice provided to the tenant, and any communication with the tenant, such as emails or phone calls. These records can be useful in court if legal action becomes necessary.
Follow Pennsylvania laws and regulations
Landlords in Pennsylvania are subject to various laws and regulations, including those related to eviction, security deposits, and discrimination. It is important to familiarize yourself with these laws and regulations to ensure that you are following them properly. Failure to comply with these laws can result in legal consequences for the landlord.
Consider seeking legal advice
If you are unsure about how to handle a lease violation or if legal action is necessary, consider seeking legal advice from a lawyer who specializes in landlord-tenant law. A lawyer can provide guidance on the best course of action to take and can represent you in court if necessary.
Handling lease violations in Pennsylvania requires careful attention to detail and a thorough understanding of your legal rights and responsibilities as a landlord. By following the steps outlined above, you can effectively handle lease violations and protect your property. Remember to always treat your tenants with respect and to follow Pennsylvania laws and regulations to maintain a positive relationship with your tenants and avoid legal consequences.
As a law firm that specializes in landlord-tenant law, we at Gibson & Perkins, PC can provide legal assistance to landlords facing lease violations in Pennsylvania. We can review your lease agreement, advise you on your legal rights and responsibilities, help you draft written notice to the tenant, represent you in court, provide mediation services, and ensure compliance with Pennsylvania laws and regulations. If you are a landlord facing lease violations in Pennsylvania, we encourage you to reach out to us for legal assistance.