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PDF Editor FAQ

Will I be evicted for smoking?

If you lived in san francisco in a rent controlled unit with just cause eviction protections, your smoking would be a violation of the lease and would be grounds for a just cause eviction IF you continued to smoke there after having been given a proper "notice to cure or quit." Proper means the notice(s) conform to the standard set by the rent board, which is required before being given an "unlawful detainer," (the official court motion to begin a just cause eviction) in this case it would be a nuisance just cause eviction.It doesn't appear like that notice is "A notice to cure or quit," and more like a warning notice but one would have to see the entire document to be sure, and again this only applies if you are a san francisco resident living in a just cause eviction protected unit.So, to be clear, anyone reading answers regarding tenant rights on this website or any forum should first research their city's laws regarding tenancy and evictions as they vary WIDELY from city to city, state to state! SF's rent control and eviction laws are different from Oakland's and Berkeley's and are different enough despite these cities bordering each other that it is useless to ask questions like this on Quora. Especially without providing the specific location you live and the type of housing stock.In SF not all units are rent-controlled with just cause eviction protections, and some only have just cause eviction protections while others have no protections whatsoever.In regards to your situation in the broadest sense, your management company is sending you a notice to not only protect themselves from liability, but also as a courtesy to give you the opportunity to correct your violation. They may not even be required to do so. It may be that they need to provide written evidence that you were made aware of your violation for them to file a legal eviction. All of that is unclear until you are able to ascertain the specific laws of your locale. It does appear though that you should at least take the notice with some seriousness until you figure out the specific laws and rights that apply to your case. Common sense would dictate that you don't continue and that you try to be respectful until you know more, and probably you should continue to be mindful even if it turns out you have a lot of rights as a tenant.

I purchased a bank draft and delivered it to the dealership when I purchased a car. The dealership lost the draft and now want me to give them another one. Do I have to give them another draft?

I had this happen a couple years ago. I always got a bank draft to pay my rent. I got an eviction notice stating the cause was because I didn’t pay. I called my land lord right away and told him I had sent it and on what day. He said anyone can say that. He wasn’t being rude or trying anything shady. It is just that people do that. I went to my bank and had all the statements pulled up and copied for the past year so there was no mistake that I had in fact bought the draft. On each draft it shows where he signed it. He had signed all of them. Error was on his side. I called him and told him asking if he wanted a copy and I sent them. It was an honest mistake and I worked to clear it up. Try going to your bank and asking for a print out of the bank draft you gave them make sure if there is a signature that it is on it. If it is take a copy to the dealer and show them it was signed. If it hasn’t been signed, I would cancel it and have them draw up another one. I am not a lawyer. This is my own experience on how I was able to fix the problem.

Can a landlord legally just change locks in PA, only 7 days late with rent?

I will focus on residential instead of commercial landlord/tenant. Commercial law is different from residential law.In Pennsylvania, self-help eviction, which includes changing the locks, is illegal. Doing such a thing could cause the landlord to be responsible for financial damages to the tenant. If a tenant fails to pay the rent, the landlord is required to go through the appropriate eviction process.The first day that your rent is late, the landlord can begin the eviction process. Late will depend on your lease. Many leases give a 5 day grace period, some do not. At 7 days late, it would not surprise me if you are eligible for eviction under any lease.The process begins with a Notice to Quit, also called an eviction notice. A Notice to Quit informs the tenant of the breach and informs them what actions they must take to resolve the problem. In this case, the problem is failure to pay rent, so the solution is to pay or leave by a certain date. In PA, the time period to pay rent from the date that the tenant is informed or a notice is posted is 10 days. This includes weekends and holidays. The lease may allow for a longer or shorter time period, so the lease will control. The lease may also alter the process somewhat, but it cannot eliminate some of the safeguards.At this point, the tenant can either pay in time or leave. If the tenant does neither, the landlord can then go to the next part of the process. That is, the landlord files in court for an unlawful detainer. An unlawful detainer is when a tenant neither pays nor leaves. The landlord has to win this case and then have a sheriff or constable remove the person. The landlord may not change the locks, shut off utilities, physically remove the tenant themselves, so on. They have to go through the appropriate legal process.Understand, if you do leave, you are still responsible for the rent under the terms of the lease. And the landlord can pursue you for that and costs. If you do not leave, the landlord can also seek the costs of removing you when they sue you.This article is helpful on the subject Eviction Notices for Nonpayment of Rent in PennsylvaniaIn Pennsylvania, there is free legal assistance for people who meet certain financial qualifications and need help with landlord/tenant issues. I suggest you search for Legal Aid or Free Legal Assistance in your county.

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