Legal Question in Landlord & Tenant Law in Pennsylvania

Can my landlord do this?

Our landlord just gave us an eviction notice saying we have to be out in 15 days

- In the leases it says he has to give us atleast 30days

- It says the eviction is for noise disturbance so I called and asked what he meant by it and he said..

*it isnt about your daughter (1 year) or anything against kids but then he said ''and your pregnant again right now arent you?'' idk how he found this out we didnt say anything to him and im not that far were its obv.!

*he said we always have people over in and out at late hours which isnt true at ..my b/f works from noon untill 1:30am and i take care of our daughter were in bed by 9 or 10

*we always have our sterio and music blaring but we dont

have a radio or a sterio?

*then he added that the people who are complaining about us arent even people in our apartment? then who could it be lol


Asked on 7/30/08, 11:36 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Re: Can my landlord do this?

What your landlord gave you was a notice to quit. What it means is that if you don't leave in 15 days. He can go to the DJ a file for possession of the apartment.

Assuming he does that he will have to prove to the DJ that all he says is true. If you can prove you don't have a stereo he's going to look silly. If he brings up that you're pregnant in his complaint he just stepped in it. It opens up a counterclaim.

Take this notice seriously.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 7/31/08, 8:56 am
Leslie Ditlow, Esquire Leslie F. Ditlow, Esquire

Re: Can my landlord do this?

Your landlord can't do that if your lease says 30 days. Even if the paper lease has expired, you then become a month to month tenant and he would still be required to provide you with 30 days notice. What you want to do is advise him that you will be seeking a restraining order to provide you with enough time to relocate and then possibly pursue a wrongful eviction action against him. (Before you leave, make sure that you take pictures of the home.)

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Answered on 7/31/08, 12:45 am


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