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Pennsylvania Landlord Tenant Law Eviction Defense

Discussion in 'Eviction, Recovery of Premises' started by Del6609, May 9, 2017.

  1. Del6609

    Del6609 Law Topic Starter New Member

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    I am writing on behalf of my Mother. She is currently renting a property in Seven Fields, Pa. She lives here part of the year and spends the other half in Florida and New York. She is 83 years old. My sister takes the responsibility of paying my Mothers bills for her. Long story short. My Mother is currently in Florida and my sister was hospitalized for 2 weeks. Inadvertently, my sister failed to pay last months rent for my Mother due to her illness. After just 15 days late the property manager filed a Notice To Quit. This was unbeknownst to any of us as nobody had been at the property and there was a simple envelope slide into the doorway with the notice. The 10 days had come and passed before it was noticed and now my Mother is facing a Possession Hearing, which she will not be able to attend because she is in Florida(actually on a cruise as I write this). My question is that if I pay the rent current, will this eliminate the hearing? In talking with a couple of people, I was told that if the rent is paid current, she can not be evicted. If that's not the case, what recourse do I have? Secondly, if the hearing is not canceled, can I reschedule or represent her? Thank you for your time.
  2. army judge

    army judge Super Moderator

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    MAYBE, if the landlord accepts the rent.
    Your mother has been a tenant in good standing for many years, and IF I were her LL, I'd accept the rent.

    So, reach out to the LL, and advise her/him that you'll pay the monies owed IN FULL immediately.

    Then ask where you should meet her/him (or the agent) to pay the rent, and in what form does he desire it - cash, money order, or cashier's check)???

    In way that is somewhat true.
    She can't be evicted until a hearing is held before a judge.
    Usually judges allow tenants an opportunity to remedy the alleged breach by paying the rent in full during the hearing.
    I'm unsure if that is the case in PA, but I presume it would be for a person of your mother's stature.

    You can't represent her, unless you're a lawyer.
    Even then, you might be unable to represent her, as attorneys aren't allowed to practice in some lower level courts.

    If you had a "General Power of Attorney", you might be allowed to represent her to pay the debt during the hearing.

    However, I don't think this will get that far.

    You reach out to the owner, agree to pay in full, and meet whoever is designated, to do so.

    Just be sure to get a signed, dated receipt; so I'd bring a receipt book just in case the person doesn't have one handy.

  3. adjusterjack

    adjusterjack Super Moderator

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    That's up to the landlord and I agree with Army Judge that you should arrange to meet with the landlord, checkbook in hand, and pay whatever it takes to bring the rent up to date and get the possession case dismissed.

    Understand that there are likely to be late charges along with this month's rent as well as last month's rent plus whatever it cost the LL to file the court case.

    Be prepared to pay without argument and get the agreement in writing and make sure the court case is cancelled. You might want to arrange to meet at the courthouse in advance of the possession hearing so that the proper withdrawal forms are submitted to the court.

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