If fail to vacate by end of 30 days, can we . . . .?

[JMos]

What is the name of your state? PA
We have 2 tenants who may not vacate the premises at the end of the 30 day notice period (month-to-month lease).

We plan to remodel the only bathroom in the rental home ASAP. If they don't vacate, can we still have the plumber start the work - starting with gutting the bathroom, requiring the water and heat be turned off - even if they're still there?! They wouldn't have water and heat for at least a few days. Would we be risking legal action on their part for doing so?

OR - can we lock them out as of midnight of the 30th day and, if/when they come to go in, call the police to witness them removing their items?

Just FYI, these 2 tenants were arrested on the rental property about 1.5 months ago - and 1 of them charged with dealing crack cocaine (awaiting sentencing).

Please advise ASAP!!

 

[Cvillecpm]

Sorry no - you have to have them evicted through the court; however, if they have had a run-in with the police already, they may not want to have any more court appearances so you be surprised to find they have "vacated in the middle of the night of the 30th"....Be prepared to have utilities put in your name, etc in order to effect the repairwork you wish to have done.

 

[treese]

You should have either consulted an attorney or checked your state's Landlord/Tenant laws regarding the tenants being caught/arrested with drugs on your property. Some states have an expedited eviction process for such offenses.

You should still contact an attorney. If they do not vacate per your notice, you are going to have to evict.

You cannot cut off the water and heat or lock them out - if they are still occupying the property after your notice expires - it is illegal.

 

[Alaska landlord]

You would want to verify this. Check your PA landlord tenant act.

But I think during the spring a 15 day notice to vacate is the norm. That is unless your lease saids otherwise.

 

[JMos]

After the Eviction Notice Served - then What??

What is the name of your state? PA
We filed for a hearing to get the eviction notice - and don't have much doubt that we'll get it. However, we have GOOD reason to believe that the tenants will ignore the order and NOT leave.

First, can anyone tell me how long they'll be given to leave? Is the time to vacate less when the tenants were busted - on the property - for selling drugs (off the property)?
What can we do if they DON'T leave within the required timeframe? Can we lock them out? Can we proceed with the planned remodeling of the (only) bathroom in the rental house?

 

[seniorjudge]

There are procedures in place for sheriff's deputies (or whoever) to go to the house and literally move all the stuff onto the street.

I suggest you start buddying up to some cops/deputies/whoever and find out who does that stuff.

The people who do it love to tell stories....

 

[JMos]

Do You Know . . . .?

How long they'll be given to vacate once the eviction notice is issued?

 

[treese]

How long they'll be given to vacate once the eviction notice is issued?

That is up to the judge. The final put out will depend on the sheriff's schedule.

No, you cannot proceed with your bathroom remodel while they are still occupying.
Wait until they either vacate on thier own or are removed via eviction.

 

[acmb05]

What is the name of your state? PA
We filed for a hearing to get the eviction notice - and don't have much doubt that we'll get it. However, we have GOOD reason to believe that the tenants will ignore the order and NOT leave.

You filed for the eviction hearing BEFORE the 30 day notice was up? If you did then they could get the eviction dismissed and you would have to refile AFTER the 30 days is up.

First, can anyone tell me how long they'll be given to leave? Is the time to vacate less when the tenants were busted - on the property - for selling drugs (off the property)?

Usually not. If they were selling drugs on the property then you could probably get them out faster.

What can we do if they DON'T leave within the required timeframe? Can we lock them out? Can we proceed with the planned remodeling of the (only) bathroom in the rental house?

You will then get a writ of possesion from the courts and have the local sherriff escort them off the property and change the locks.

 

[JMos]

Fyi -

We filed with the court for the eviction notice AFTER giving "notice to quit" within 30 days - so we filed after the 30 day period. The hearing's scheduled fo 4/24 - wish us luck!!

 

[JMos]

Is It a CRIMINAL Offense If . . . .

Well, the hearing to get an eviction notice is tomorrow and we've another question . . . . if the tenants change the locks on the door AFTER we've been granted the eviction notice, can they be charged with a criminal offense (e.g. conversion of personal property)?

 

[CA LL]

No..

When you are granted full legal possession and the "lockout" has occurred you may need to have a locksmith present to complete the lockout who will "get in" and change the locks. You only do this if/when a part of the LEGAL DUE PROCESS per the courts/local authorities.

Why is this questions coming up right before your court date?

 

[CA LL]

And..if your rental agreement prohibits them from making lock changes while they reside there, you can probably add the new lock charges/locksmith to the SD deductions. Check your local laws to be sure. You don't usually charge tenants for changing locks since it is just standard good business to do so in between tenants but if you have to have a "pro" help due to them changing them..I would at least charge those costs.

Are you crossing the river before you get to the bridge though here?

 

[JMos]

But is it illegal for THEM to change the locks . . .

We're expecting that the TENANTS might change the locks AFTER we've been issued the eviction notice via the court. As you can see, they've been a problem, so we're trying to be prepared for whatever they might do next!!

 

[Cvillecpm]

Jeeze - I hope you have a good PA landlord tenant attorney doing this for you.