Re: Tennant wants to sue me
by Anonymous on Tuesday, April 10, 2012 @12:44
"you have 10 days to move out"
This may not be legal in your state. Please check with state law or consult a trained expert. The Landlord-Tenant Law of 1951 points out the only method for a landlord to evict a tenant. The Landlord-Tenant Law does not apply to people who are buying a home or who live in a hotel or rooming house.
The Eviction Notice - The landlord must give the tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to leave. Caution: A tenant with a written lease should read the lease carefully to see whether or not he/she has given up the right to receive this eviction notice. The eviction notice must be personally delivered to the tenant or posted on the dwelling. An eviction notice, sent by mail is probably not enforceable. A written lease may state how many days notice must be given by the landlord before the landlord can evict. It the lease does not state how much notice is required, the general rule is as follows: If the term has ended, or it the landlord claims the tenant has breached the lease, the landlord must give the tenant thirty (30) days notice if the lease is for less than one year (this is usually month-to-month), and ninety (90) days notice if the lease is one year or more. If the tenant is behind in the rent and has an oral lease with the landlord, the landlord needs to give only fifteen (15) days notice between April 1st and September 1st, but thirty (30) days notice between September 1st and April 1st. It the tenant is not out of the property by the end of the eviction notice, the landlord must follow the procedure through the District Justice's office as set forth in paragraphs 2, 3 and 4 below.
You really need to make sure your leases do not go against your state's regulations or laws. Clauses or terms in a lease that are not in accordance with the letter of the law cannot be enforced.
Also, if your current tenants have leases, you probably need to wait until the lease term expires before making them sign a revamped contract. If they are month to month, you must follow your state's laws regarding the amount of notice you must give a tenant before the new agreement goes into effect. To change an oral lease or a written lease which does not say how changes are to be made, notice of a change must be given in writing, telling what change is desired and when it will take effect Any change in the lease should only take place at the beginning of a "new term." This means that, in an oral month-to-month lease, the landlord must give the tenant the notice at least one full rental period (in this case, one month) before the change is to take place.
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