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Re: Tenant never reported leak until pay or quit notice by joy on April 29, 2012 @16:57

                              
Please help and any advice. I want to file eviction right away. But, what should I do if the tenant does counterclaim as the reason for not paying his rent due to no fixing this water leak, even if he had never reported the leaking until the notice (<3wks) and no cooperation of plumber arrangement. The tenant has been lying that I had not been responding his phone call or text message more than 2 months. I have been keeping my phone record that does not showing any his phone number on the receiving. I see only recent one that I have been making calls to reach him. But, he said he has his phone record that he has been calling me.
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Re: Tenant never reported leak until pay or quit notice by Bryan (Ia) on April 29, 2012 @19:09 [ Reply ]
Courts easily see through this type sham. Proceed as normal.
Re: Tenant never reported leak until pay or quit notice by Anonymous on April 29, 2012 @20:57 [ Reply ]
Everything in writing and take some pictures too. Post the 3 day quit or pay, then on the 4th day (assuming they don't pay up), go to magistrate court and start the eviction process; you'll need a copy of the 3 day quit or pay notice which you will have to prove you gave to them. Get someone not related to you or the case to knock on the door and hand it to them or post it to the door and take a picture. Go down to the court and pay the filing fees to get your day in court (usually within 2 weeks). Pay someone ($30-$40 is standard) not related to the case to serve them the court papers and return the civil process affidavit to the court. Have your plumber's statement available should you go to court and stick to the facts. The court cannot prevent people from lying, they can only rule on the facts.
Re: Tenant never reported leak until pay or quit notice by Nicole (PA) on April 30, 2012 @09:10 [ Reply ]
In Pennsylvania, that would not be a defense to nonpayment. They have to place the rent in escrow with the court system and follow procedure ... you cannot just withhold rent.
Re: Tenant never reported leak until pay or quit notice by Micah on April 30, 2012 @12:51 [ Reply ]
Calm down. Take a deep breath. Post a 24 notice of entry to inspect and correct any leaks or other problems that may be found. The next day, go with the plumber to let him in and supervise the repair if any.

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