Minimum days notice?

[cxm322]

What is the name of your state (only U.S. law)?

Pennsylvania

10 years ago, before my dad passed away, he rented out an apartment within out home to a very reputable woman. She ended up renting for 10 years and always paid rent on time with little hassles.

Unfortunately since my dad had a mutual friend with the tenant and knew she would be a good tenant (also due to the fact that he was seriously ill), he decided to rent to her on a month-by-month basis and never had her sign any lease or agreement of any sort.

Just yesterday she informed me that she will be moving out at the end of the month which amounts to a 15 day notice.

Question: In Pennsylvania, is there a minimum amount of days notice she is obligated to give us before she vacates regardless of whether she signed an agreement? If so, how much notice is she obligated to give us?

Also, if she is obligated, and I approach her about it and refuses to pay up for next month, how do I collect. For $400 monthly rent, is it really cost effective to pursue collecting it through a lawyer?

Thanks in advance for any advice/information.

Chuck

 

[Banned_Princess]

What is the name of your state (only U.S. law)?

Pennsylvania

10 years ago, before my dad passed away, he rented out an apartment within out home to a very reputable woman. She ended up renting for 10 years and always paid rent on time with little hassles.

Unfortunately since my dad had a mutual friend with the tenant and knew she would be a good tenant (also due to the fact that he was seriously ill), he decided to rent to her on a month-by-month basis and never had her sign any lease or agreement of any sort.

Just yesterday she informed me that she will be moving out at the end of the month which amounts to a 15 day notice.

Question: In Pennsylvania, is there a minimum amount of days notice she is obligated to give us before she vacates regardless of whether she signed an agreement? If so, how much notice is she obligated to give us?

Also, if she is obligated, and I approach her about it and refuses to pay up for next month, how do I collect. For $400 monthly rent, is it really cost effective to pursue collecting it through a lawyer?

Thanks in advance for any advice/information.

Chuck

15 day notice seems to be the case in PA.


http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf

(b) Except as provided for in subsection (c), in case of the expiration of a term
or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one
year or less or for an indeterminate time, the notice shall specify that the tenant shall remove
within fifteen days from the date of service thereof, and when the lease is for more than one
4 68 P.S. §250.505-A.
-13-
year, then within thirty days from the date of service thereof. In case of failure of the tenant,
upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall
remove within ten days from the date of the service thereof.

Since there is no lease, and the term is month to month, 15 days is how many days notice the tenant needs to give.

you should just let her go since she has been an exceptional tenant for the past ten years.

 

[Who's Liable?]

you should just let her go since she has been an exceptional tenant for the past ten years.

X2... Although being a good tenant and paying rent on time does not require OP to be lenient, it might be good sound judgment to do so.

Who knows what will happen in the future, they might just come back or refer another good tenant.

 

[cxm322]

Thanks for the info and link. I really thought the minimum would be 30 days.
Learn something new everyday.

 

[cxm322]

Actually, having read the section of the law you point to over again, it appears to me that it has nothing to do with the tenant giving notice but rather the landlord giving notice to the tenant.

I'll have to read further but a quick glance does not reveal what I'm asking specifically.

 

[HomeGuru]

Actually, having read the section of the law you point to over again, it appears to me that it has nothing to do with the tenant giving notice but rather the landlord giving notice to the tenant.

I'll have to read further but a quick glance does not reveal what I'm asking specifically.

**A: you are correct. The PA statutes are very hard to read. My opinion is the accept 15 days notice and move on. Be sure to address the deposit, if any.

 

[cxm322]

Thanks. I do not intend to do anything about it this time around given the circumstances. However, I was asking moreso for future reference since I will have to rent the apt out again.

I've talked to my local landlord tenant association and they told me that 30 days is the minimum notice a tenant must give before moving out so that is what I'm going by in the future. I will accept nothing less than a 30 day notice in the future and that wording is in the new lease.

 

[Banned_Princess]

Thanks. I do not intend to do anything about it this time around given the circumstances. However, I was asking moreso for future reference since I will have to rent the apt out again.

I've talked to my local landlord tenant association and they told me that 30 days is the minimum notice a tenant must give before moving out so that is what I'm going by in the future. I will accept nothing less than a 30 day notice in the future and that wording is in the new lease.

ok, well, if you put that in the lease it is good, but according to PA landlord tenant law 15 days is the notice period.

month to month requires 15 day notice, lease's can require 30. if there is no lease, you have to go by state law, which is , again , 15 days.