We have a standard apartment association lease with our tenant. In the notice of violation it states: "Landlord will serve on Tenant a five (5) day NOTICE TO QUIT ore EVICTION NOTICE" for nonpayment of rent. Does the official five day notice to quit need to be posted or is a letter that states: "pay in full by certain date (at least 5 days) or we will have not other choice but to file against you at the district justice" or "pay in full by date to avoid further collection actions" sufficient?
What are the notice services allowed by law? (posted, hand delivered, mailed?)
1 Answer from Attorneys
The notice to quit is controlled by statute: 68 Pa,C,S. 250.501. The statute provides that
the notice to quit may be served "personally on the tenant, or by leaving the same at the principal building upon the premises, or by posting the same conspicuously on the leased premises." The language in the lease can change what must be in the notice and how it is to be served. Most leases contain this type of language, often permitting service by either first class mail or certilfied mail. If you need further help you may contact me at your convenienllce.
David M. Macfarlan, Esq. 215 -343-3700