Legal Question in Landlord & Tenant Law in Pennsylvania
I am a landlord and renting an apartment in a duplex (2 apartments per house) in Holland, PA to a family of 3 - husband, wife, and adult daughter (over 21). Daughter is, what seems like, mentally unstable, and causes verbal trouble in the area (supposedly threats, harassment). Neighbors called police several times to complain, and police is telling me that "I need to do something" to either stop her from making trouble or ensure she is under adult supervision.
I am really responsible for my tenant's behavior? Shouldn't police take action if in fact that woman broke a law? Shouldn't responsibility be on her parents?
I do not mind evicting them but I am concerned it would be taken as discrimination against an ill person.
Thank you!!
1 Answer from Attorneys
First, the question is do you have a written lease. If it is a standard release, it should contain a provision where the tenant cannot engage in criminal activity on the leased premises and that such activity would be a breach of the lease agreement. Under any circumstances, while I do not believe you are responsible for the tenant's behavior or criminal activity, you should begin to lay the groundwork for possible eviction.
First you should hand-deliver or send by certified email a letter to the tenants explaining the situation being caused by the daughter, and explain that you have been contacted by the police and have been directed to control the daughter's behaviour. Second, explain that their daughter's behaviour has resulted in disturbance to your other tenants and neighbors.
Advise them that pursuant to he instructions of the police (and the terms of the lease, if applicable) "you are hereby advised that you must ensure that your daughter must cease such behaviour and that they have a duty to supervise the activities and conduct of their daughter. If the offensive behaviour of their daughter continues, then you will have no choice, but initiate eviction proceedings." Send a copy of the letter of the local police department.
If the situation continues despite the letter, then you should commence eviction proceedings in accordance with the lease provisions and PA. law. This involves giving prior written notice of your intention to terminate the lease and commence eviction proceedings. Use Google to search for the PA landlord-tenant handbook or guide which will explain exactly what your duties and obligations are.
So long as you send the letter to the tenants and a copy to the police, who would be important witnesses in any eventual eviction proceedings, you will not have to worry about discrimination.