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NOTICE TO VACATE IN RESIDENTIAL LEASES

We talked about this during the last monthly REIA meeting, if you are a landlord this is very important.

NOTICE TO VACATE IN RESIDENTIAL LEASES

 

Under Pennsylvania law, a landlord must post or serve notice to vacate the property before evicting a tenant. In the case of eviction for rent owed, the notice period must be ten days. This rule can be waived in the lease, however. Most district magistrates will allow an eviction action to proceed without notice if the lease specifically waives the right to notice. Here is a suggested waiver provision:

TENANT HEREBY WAIVES ANY RIGHT TO NOTICE TO QUIT WHICH MAY BE REQUIRED BY PENNSYLVANIA LAW INCLUDING THE LANDLORD TENANT ACT OF 1951 AS AMENDED. TENANT AGREES TO GIVE UP POSSESSION OF THE LEASED PREMISES WITHOUT FURTHER NOTICE UPON TERMINATION OF THIS LEASE.

Every landlord’s lease form in Pennsylvania should contain a provision like this. The provision is especially important because other notice provisions in the lease, such as an early termination clause upon 30 days notice, may be applied to extend the notice period. At least one district magistratehas held such a provision to extend the notice period to 30 days. Our firm represents landlords in eviction and other legal matters. Please call me if you have a question.

 

Rob Xides

Weisel, Xides, Foerster,LLP

412-471-4128

rgx@wxflaw.com

Permanent link to this article: http://pittsburghreia.com/notice-to-vacate-in-residential-leases/