Commercial Landlord-Tenant Holdover and Eviction

Commercial Holdover and Eviction Philadelphia

 

What is a Commercial Landlord Holdover?

Under Pennsylvania law (the Landlord and Tenant Act of 1951), a holdover is when an individual tenant who refuses to relinquish possession of a leasehold premises at the end of the term of the lease. A landlord can sue the tenant for possession of the property as well as any damages felt owing to the tenant’s refusal to vacate the property under a notice of quit.

Commercial Landlord-Tenant Holdover & Eviction Proceedings Philadelphia

Although it can be frustrating for a property owner in Philadelphia, who wants to evict a tenant who lives or works in a separate property to the owner, it must be done within the law under the Landlord/Tenant Act.
Furthermore, the landlord needs to look at what they would like to do such as, evict the tenant as a trespasser and therefore suspending the tenants rent payments under the lease agreement, regarded him in holding over as a tenant by leniency, or holding over as a continuance under the terms of the lease. However, once the landlord has applied his choice of solution and determined how he plans to handle the holdover tenant, he cannot change his or her mind.

What Is a Notice to Quit?

A Notice to Quit must be in writing and given to the tenant in person or by posting it on the front door of the property. Notifying them to vacate the property by a certain deadline if:

  • The lease has ended and not automatically renewed
 
  • The tenant has dishonoured the lease or rental agreement – for example, subletting, permitting drug use within or on the property, or causing damage the landlord will need to pay for. In this case, the landlord must allow 15 days for the tenant to move out, if the tenant has lived there for 12 months or less or 30 days for 12 months or over.The tenant has not paid rent, according to the terms of the lease or rental agreement – The law requires the tenant to be given 10 days from the date of the Notice to Quit to either pay the rent owed or to vacate the property. However, this deadline will depend on the details previously agreed to by the tenant in the lease or rental agreement.
 

If you would like more information, as either a landlord or tenant contact us to get the best real estate attorney Philadelphia on the case.

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