Leaseholder dies need to remove occupants

[javabud]

I had a tenant that I was going through legal eviction with. He had signed a month to month lease with me and was allowed 3 adult children as occupants under the lease. I received a default summary judgement from the court and was granted back rent owed. Tenant requested some time to find another place to live which I allowed. In the meantime he suffered a major heart attack, was hospitalized and later died. I stupidly had sympathy for the children and did not complete the eviction within the 90 day period. 2 children left and one asked on Oct 5th to have until Nov 5th to vacate which I agreed to. I went to property on Oct 21st, to check property and conditions are atrocious almost unlivable. Inside and outside are trashed. No money has been received by me from anyone there since the passing of their father. Verbally and mailed certified letter to remaining occupant to be out by the 5th of Nov. or she will be evicted and may be responsible for damages and legal costs. She agreed to be out. The 5th came and I contacted her regarding when she would be out and she said soon and she would text me when she was done. Later she sends me a text stating that her case worker told her she does not have to leave without notice. My question is if she is basically claiming tenancy to the property can I now hold her responsible for rent and damages to the property when evicting her? And if I never received rent from her am I able to use the 15 day pay or quit notice or is it now a 30 day notice? Thank you.

 

[army judge]

I had a tenant that I was going through legal eviction with. He had signed a month to month lease with me and was allowed 3 adult children as occupants under the lease. I received a default summary judgement from the court and was granted back rent owed. Tenant requested some time to find another place to live which I allowed. In the meantime he suffered a major heart attack, was hospitalized and later died. I stupidly had sympathy for the children and did not complete the eviction within the 90 day period. 2 children left and one asked on Oct 5th to have until Nov 5th to vacate which I agreed to. I went to property on Oct 21st, to check property and conditions are atrocious almost unlivable. Inside and outside are trashed. No money has been received by me from anyone there since the passing of their father. Verbally and mailed certified letter to remaining occupant to be out by the 5th of Nov. or she will be evicted and may be responsible for damages and legal costs. She agreed to be out. The 5th came and I contacted her regarding when she would be out and she said soon and she would text me when she was done. Later she sends me a text stating that her case worker told her she does not have to leave without notice. My question is if she is basically claiming tenancy to the property can I now hold her responsible for rent and damages to the property when evicting her? And if I never received rent from her am I able to use the 15 day pay or quit notice or is it now a 30 day notice? Thank you.

You must start all over again.

You have to serve her a notice to quit.

If I were you, I'd just get her out.

You aren't going to ever be paid.

These are deadbeats.

You first must determine what type of relationship you have with your tenant. The rules of the game change with this determination. There are two main types of tenancies; one at will and one under a lease. Traditionally, tenancies at will were oral. This is no longer the case. In general, if a tenancy is oral or even if it is in writing, with the provision that either the landlord or tenant can terminate the relationship by giving a notice that is equal to the interval between the days of payment or thirty (30) days, whichever is longer, it is a tenancy at will. One can easily obtain this Notice to Quit from a legal stationery store, a constable, or a rental housing association.

Most evictions are brought for non-payment of rent. If a tenancy at will is being terminated for nonpayment of rent, the landlord must give a written fourteen (14) days Notice to Quit to the tenant. Again, one can easily obtain this notice from a legal stationery store, Rental Housing Association, or from a Constable. Do not utilize a fourteen (14) days notice to quit which is designed for a tenant under a lease, as there are distinct differences.

If the tenant is under a lease, you must first examine the lease to determine how much time is required. If the reason is nonpayment of rent, by statute, you must give a written fourteen (14) days Notice to Quit.

After the notice to quit has run its course, the landlord can now proceed to serve a Summary Process Summons and Complaint form upon the tenant. Only an authorized Constable or Sheriff can serve this process. The Summary Process Summons and Complaint form is first obtained from the court. The Constable or Sheriff generally will assist the landlord in helping to fill out the Complaint form.

The purpose of the Notice to Quit is to terminate the tenancy. Thus, if a lease by its own terms is terminated, no further notice to quit is needed. But if notice is required, and in most cases it is mandated, then the notice to quit must be given to the tenant. Indeed, the essence of giving the notice to quit is not service, but that the other party shall have notice. Unlike the Summary Process Summons and Complaint form which has to be served by a Constable or Sheriff, there is no one designated way of giving the notice to the tenant. If the tenant gets the notice in any way, then that is sufficient. On the other hand, if the landlord sends the notice by registered or certified mail, and the tenant refuses to pick it up, the tenant does not have notice. If a Constable or Sheriff serves the notice by last and usual, and the tenant denies receiving the notice, if the judge believes that testimony, then the tenant does not have notice. A landlord can give the notice directly to the tenant in hand, but it is always advisable to have a disinterested person witness this event.

Do I need a reason to evict my tenant?

Yes and No. If the reason for eviction is a violation of a lease term or nonpayment of rent, this reason must be spelled out in both the Notice to Quit and on the Summary Process Summons and Complaint. In all other cases, while the substantive law of the Commonwealth may not always require a reason for termination of a tenancy, the rules of Summary Process require a reason for eviction. The reason might be simply that a tenant is holding against the right of the landlord after the tenancy has been terminated.


Can I sue my tenant for money damages if I commence a Summary Process action?

In Summary Process, a landlord can sue the tenant for rent, even where the underlying reason for the eviction is not for nonpayment. Within the Summary Process Complaint form provided by the court is a section entitled Account Annexed. It is in this section that the landlord can specify the months that rent is owed. The landlord, however, cannot attach to the Complaint a demand for money for other types of damages. The landlord must institute a separate case to recover other types of alleged damages


If I win my Summary Process case, how do I get my tenant out of the dwelling and when?

If the court finds for the landlord and grants no stays of execution, the tenant has ten (10) days to appeal from the date that the Clerk's Office enters judgment. On the eleventh (11th) day, the landlord can ask for an execution. The landlord cannot evict the tenant without the assistance of a Constable or Sheriff. The execution, which is the document which authorizes the eviction, is addressed to a Constable of Sheriff. The Constable or Sheriff then has to give forty-eight (48) hours notice to the tenant before the actual eviction can take place.