I recently went through a issue with a former tenant. If I serve a tenant an eviction notice and they wait until the 29th day to pay do I have to legally accept it or do i have any other options?
If they pay within the "pay-or-quit" window (even if they pay on the last day), they have met the obligation of the notice. The fact that it is their second time, you should look to your rental agreement. If your rental agreement states that they are subject to eviction if they are late two or more times with their rent, this becomes a non-repairable breach and you can likely evict with another 30-day notice.
I doubt if there is anything in PA landlord-tenant law that indicates tenant is subject to eviction if they are late two times, however, it may be within the terms of your rental agreement. If so you can keep their money and go forward with a 30-day notice citing they have been late twice. This is different from your "pay or quit" notice. I believe that you can issue a "pay or quit" notice with a shorter period than 30 days. Most states have a 3 or 5 day period.[ Edited by edmeyer on Date 03/12/2007 ]
It was for non-payment, they waited until they 29th day to pay that month rent. I will have to look into #2 not sure. And #3, that was all to it.
I was not sure if I was obligated to accept the payment, or could I have not accepted and evicted them, This was their second time.
[ Edited by nealman22 on Date 03/07/2007 ]
If they pay within the "pay-or-quit" window (even if they pay on the last day), they have met the obligation of the notice. The fact that it is their second time, you should look to your rental agreement. If your rental agreement states that they are subject to eviction if they are late two or more times with their rent, this becomes a non-repairable breach and you can likely evict with another 30-day notice.
I doubt if there is anything in PA landlord-tenant law that indicates tenant is subject to eviction if they are late two times, however, it may be within the terms of your rental agreement. If so you can keep their money and go forward with a 30-day notice citing they have been late twice. This is different from your "pay or quit" notice. I believe that you can issue a "pay or quit" notice with a shorter period than 30 days. Most states have a 3 or 5 day period.[ Edited by edmeyer on Date 03/12/2007 ]