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PDF Editor FAQ

When a tenant lives in a house that was auctioned in Pennsylvania do the new owners have to give a 90 day notice to quit before filing eviction proceedings?

I’m curious. Did the tenants pay rent to the bank in the months prior to the bankruptcy auction? That would make a difference in my answer.Second, did the tenants have a valid, unexpired lease in effect when the house was purchased by the current owners? Was there a lease at all?If you have received an eviction notice, what is stated as the reason for the eviction?I can’t even attempt an answer without the above information. If there’s no answer forthcoming from a Quora member, the tenants will learn the answer when they go into court on the eviction.EDIT, 8/8/19Sorry, just came across this:Congress Permanently Authorizes the Protecting Tenants at Foreclosure Act“President Trump signed into law a permanent extension of the “Protecting Tenants at Foreclosure Act” (PTFA) on May 24. [2019] The PTFA was included in a larger deregulation bill (S. 2155) passed by the House on May 22. The PTFA, which expired at the end of 2014, enables renters whose homes were in foreclosure to remain in their homes for at least 90 days or for the term of their lease, whichever is greater. Senator Richard Blumenthal (D-CT) and Representative Keith Ellison (D-MN) had earlier introduced legislation (S. 325/HR 915) to permanently extend the PTFA. Making the PTFA permanent has long been an NLIHC policy priority…“The PTFA provides most renters with the right to at least to 90 days’ notice before being required to move after a foreclosure.”

My tenants moved in and immediately broke several hoa rules that I was very clear about. Can I post an eviction notice on day one?

This all really depends on what state you are in - number ONE.There should be some repercussions listed on your lease - but even that cannot go against your local laws and “tenant rights”. (BTW - if you have not read the Tenants Rights for your state - you REALLY should!) For taking action against a bad tenant, you need to check with the state government website - or call to find out where to get the correct information.Also, and sometimes this is extremely unfair, it is usually very hard to evict tenants - especially in some states. They not only have to be given a chance to fix the situation, they have to be given a specific type of warning, a specific number of times.The one time I had to do it (for someone not paying rent), I think it took about 2–3 months to get them out. This was when I lived in MN - and there you get an Unlawful Detainer - and in MN, they then get 30 days to vacate after that! BUT, there is a whole lengthy process leading up to that.

As a landlord, what was your most difficult and costly eviction experience?

Oh boy, this one’s a doozy, and kind of a long story, but here it is.At the time that my husband died in 2009, we had three very modest rentals that we managed ourselves, as they did not generate enough profit to hire a rental management agency. Economically, it was a pretty rough time for everyone, including my tenants, and I’d always tried to be understanding and accommodating, within reason. I had been renting one of the rentals to a woman and her two teenage sons for a year and a half or so. Initially, she moved in with her “fiancé” along with her sons, but her fiancé wasn’t on the lease. Within a couple of months, he disappeared, soon to be replaced another “fiancé”, and then another after that.She had fallen behind on rent after the first fiancé moved out, and I had worked with her on letting her catch up over a few months. This became a pattern, and over time, she fell further and further behind on rent, and the house wasn’t being taken care of. I had it listed for sale, along with my other rentals. I was having a hard time making my own mortgage, let alone those of the rentals. I always gave her at least 24 hours notice before showings, and I asked her to please see that the house wasn’t too messy when prospective buyers came to see it, and that the house would be empty at the appointed time of showings. Without fail, she never, ever tidied up, and various realtors would tell me that people were there when they showed up, the house was a disaster, dirty, and her sons were hostile and even threatening. All this while she was months behind on rent, and owed me thousands of dollars.I finally told her that I was sorry, but if she didn’t catch up on back rent, she would have to find another place to live, I wasn’t in a position to keep paying her rent (my mortgage) for her. She knew I was recently widowed (at 37) and was struggling myself. She got really hostile, but managed to come up with a few hundred dollars, then nothing, for another month or two. I called and told her she needed to move out, and gave her a 30-day notice to vacate the premises. She screamed and yelled and called me horrible names, told me I was so cruel to be evicting a poor single mother with her children, etc. Meanwhile, I was just trying to get through each day, in deep grief, worried I might wind up in foreclosure on my own house, as well as the rentals, even bankruptcy. It was a truly horrible time in my life.I told her I would be coming over to see the house and to look into a reported problem with the kitchen sink (with 24-hour notice, as law dictates). She said she wouldn’t be there. I brought a male friend along with me, because I didn’t feel safe. I got there, and the house was a total disaster. Her lease said she was allowed to have one dog, but there were four dogs in the small, fenced backyard, and a mother dog with a litter of puppies in one of the bedrooms, with no food or water or bedding, nothing protecting the carpet, which was matted with feces and reeked of animal urine. Poor dogs. The house was filthy, the backyard overflowing with junk, and it smelled strongly of cigarette and pot smoke in the house. She wasn’t there, but her 18-year-old son was there with a couple of his friends, playing video games. He was supposed to be in high school, but he opted to stay home and smoke weed and play video games instead.I asked him about the dogs, and reminded him they were only allowed to have one dog. I opened the door to the backyard and saw that a couple boards in the fence were broken, I asked the son about them. He started screaming at me that it was my fault because the fence was a “piece of s**t” and that one of their dogs had gotten out and been hit by a car and he was going to sue me (eye roll). I was inspecting under the kitchen sink, and reminded him there was no smoking in the house, pot or tobacco, he blew up, and told me I couldn’t tell him what to do in his own “f**king house”, called me a “f**king stupid b**ch” and said if I didn’t fix the “god**mn” fence and one of his dogs got out and or hurt, I better watch out, he had a gun. Remember, I had a friend with me witnessing all of this.So I left and immediately called his mom, and told her that her son threatened me, and she owed me thousands of dollars, and she had violated the lease on numerous fronts, and I was evicting her. She screamed and yelled, and also threatened me, and said I had no right, she wasn’t going to move, she was a poor single mom, blah blah blah. Whatever, lady. I had noticed she’d lost a LOT of weight over the previous six months, and gone from being close to pounds overweight to super skinny. It turns out, she’d opted to spend her money smoking meth, in my house, rather than pay her rent, to me, a widow who was barely managing to hang on in my own life.So, 30 days came and went, and she still wouldn’t leave. I notified her I was coming over to the house (by voicemail and text), and when I got there, I knocked, no answer, I turned the doorknob, and hear her son yell “get the f**k out of my house, b**ch, I’m calling the police and pressing charges against you for breaking and entering”. I left, went to the police department, and asked them what to do, and told them where the house was etc. This was in a small town, and the police knew exactly where and who I was talking about. They said they would be happy when she was finally gone and hoped she moved out of town limits so they wouldn’t have to deal with her anymore. They directed me to an online state resource for landlords needing to evict tenants, and said they would be happy to accompany me with a civil standby if I wanted to deliver (more) eviction paperwork to the house.So I printed off the forms, one of which was a three-day notice to quit the property, and had the police meet me there for a civil standby, for backup because of her son threatening me (repeatedly). Fortunately, she wasn’t as smart as she thought, and three days later, they were out. She could have worked the system and continued living there, because, as I came to find out, the rental laws in my state give far more protection to tenants, even nightmares like her, than to landlords.When I got to the house after they left, I had a police officer accompany me, to be witness and for protection. He was almost as shocked as I was. She had abandoned two unregistered vehicles in the driveway out front, one was missing two tires, the others were flat, the other vehicle’s tires were all flat, the tires had been slashed, just to add insult to injury. There was a trailer in the back yard with two flat tires and a broken axle, overflowing with garbage, broken furniture. The yard, which had been a nice green lawn when they moved in, was bare dirt, and was full, and I mean full, of trash, dog waste, broken appliances, car parts, broken glass, beer cans, cigarette butts, etc. The inside of the house was even worse, there were holes kicked in the walls of every room, there were holes kicked in all of the interior doors. The door jams/frames were all broken, they even managed to kick holes in the vinyl shower insert in one of the bathrooms, the glass surround was broken. They left food in the unplugged fridge which was totally rotten and smelled so bad I couldn’t get the smell out and had to throw out the fridge. The carpet (which had all been new when she moved in) was torn, with cigarette burns, and had dog shit matted into it everywhere. The vinyl flooring in the kitchen was torn and had cigarette burns. Every screen was missing from the windows, several windows were broken, it was an absolute nightmare.At the time, I had a roommate living in my house, and he did had some miscellaneous construction-handyman skills. I was so demoralized, I couldn’t bring myself to go back over there after seeing it so trashed, so I traded him out rent to get rid off all the trash, junk vehicles, etc. and do some repairs. After he got things somewhat cleaned up, and the drywall repaired, I went back and painted the entire house, and re-rented it to some awesome folks who had lived there a few years previously.Meanwhile, I was still trying to sell it, but the real estate market had collapsed and it was worth half what I had paid for it. I was just trying to sell it for what I owed, cut my losses, and get out from under it. I got an offer from a couple who said they knew my former tenant, and because of that, they wanted to do a meth test on the house. Not knowing the can of worms that would open, I agreed, and surprise surprise, the test came back positive. I don’t know if she made meth in the house or just smoked it, which can also result in a positive test. Either way, I was totally screwed, the prospective buyers (who turned out to be predatory buyers) said they still wanted to buy it, but because of the cost of meth cleanup, they offered a fraction of what their first offer had been, which would have only just covered what I owed. I told them, sorry, but I’m not in a position to show up at closing with a check for $70K, and I decided I didn’t want to sell it to them anyway because I had renters in there and needed to figure out my options/responsibility.They got aggressive, threatened to report me for having a “meth house”, and went over me to the bank and tried to get my bank to force me to sell it to them. I explained the reality of the situation (meth contamination) to my bank, and that I had never been late on my mortgage, and it was my right to refuse to sell to them, they couldn’t force me, and the bank agreed, and told me that couple was known for doing this kind of thing with other properties.I wound up listing it on Craigslist, since no realtors wanted anything to do with it, understandably. Eventually, a really nice couple bought it as an investment property, since I had tenants in there who paid rent and who knew about the meth issue. I fully disclosed everything to the buyers, and worked out a short sale agreement with my bank to be able to sell it at loss and not have it totally destroy my credit, just partially, lol. My bank split the difference with me on what I owed, so I was still on the hook for $35k. The bank didn’t want to be owners of a meth-contaminated property either, and I since I had worked with them for years with my other rental properties, they were willing to work with me. It wasn’t a great deal for me, but far better than owing the full amount, and having to foreclose on my own residence. I had heard of other people who had gotten full mortgages forgiven during that time, but at least they worked with me that much, which helped a lot.I managed to sell one of the other two rentals I still owned, and while I didn’t make much on it, I was able to pay off what I owed the bank for the short sale of the nightmare rental, and pay for my first year of grad school. I still have one tiny rental, it’s maybe 400 square feet, and is a funky cute little house built out of stacked railroad ties. I’ve kept it mainly because I have a wonderful tenant who has been there for years, who loves living there and is super low maintenance, and takes care of the place like it’s her own. I’ve told her if she works on her credit and can qualify for a loan, I would be happy to sell it to her, she loves living there and would love to buy it if she could. The economy has since rebounded and rents are much higher than they used to be. I could charge more per month, but she is such a kind person, and so appreciative, that I keep it reasonable so she can continue to afford living there, rather than take a chance on an unknown renter who could pay more. In the last year, she was diagnosed with cancer and went through, and had to go on short-term disability for awhile when she couldn’t work because of COVID-19 and being immuno-compromised from treatment (she’s a manager at the local grocery store). She asked apologetically if she could possibly pay reduced rent until she was cleared to return to work, and promised she would catch up on rent as soon as she could go back to work, and that once she’d done so, she wanted to pay me $50 more per month in rent.She has kept her word, and is gradually repaying the rent she couldn’t pay while she was sick with cancer/treatment. She is the type of person who deserves kindness and understanding, and I was more than happy to work with her, because I was in a position to be able to so. She tells me that I have been an angel in her life, and often gets emotional and teary when I go over to mow the grass, because I was kind to her and didn’t make her leave when she was sick, and she’ll be forever grateful that I was kind to her when she was going through such a hard time in her life. In her way, she’s been an angel in my life too, and has reminded me that it’s still worthwhile to be a good person to others in their time of need. If she can buy it someday, that would be great, but if she moves out, I will sell it. She’s a wonderful tenant and person, but I have zero interest in being a landlord and taking the risk of having to deal with someone like the nightmare tenant I had in my other rental.

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