Legal Question in Real Estate Law in Pennsylvania

Failure to pay rent when due

Our tenant for our rental property never pays his rent when it is due. We has spoken to him twice about this and have even sent him a copy of the lease with the rent date highlighted. In addition, he has agreed to pay us for the water and sewer quarterly charge because our town will not bill the rentor, only the owner. This is in arrears for over two months. His lease is up for renewal in July and I really don't want to renew it unless there is a guarantee of the rent being paid when due. What is my legal recourse re getting him to pay the rent on time?


Asked on 4/19/98, 12:01 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

landlord's remedies when tenant does not pay rent on time

The written lease usually spells out what remedies the Landlord has when the Tenant does not pay rent and other charges (and also violates other terms). Usually, there will be a late charge if rent is paid a certain number of days after it is due. Also, failure to pay rent on time can be a default (violation) of the lease. Landlord's remedies may include suing the tenant for rent for the rest of the lease term, and suing for possession of the property, so that it can be re-rented.

If you do not want to permit the tenant to renew the lease in July, carefully check the lease. It will probably say how many days notice you have to give the tenant BEFORE then end of the lease in order to not renew it or to change the terms. Be sure that you follow every detail in the lease about giving notices. It is advisable, even if the lease does not require it, to send notices via certified or registered mail, return receipt requested, as well as by ordinary mail, so that you will have evidence in the form of a signed receipt that the notice was received by your tenant.

When people do not abide by the agreements they have made, you can usually sue to collect what they owe you. Unfortunately, there is no way to actually force people to do the right thing.

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Answered on 5/06/98, 11:50 am


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