Eviction After Rent Payment
Summary
The tenant, residing in Pennsylvania, was served a landlord-tenant complaint for failure to pay rent, despite having paid all back rent and late fees. The complaint was filed after the payment was made. The tenant has a digital record of the payment but no written communication with the landlord acknowledging it. The lease agreement waives the landlords obligation to provide a notice to quit. The tenant is also responsible for attorney fees in case of legal disputes according to the lease. The tenant plans to discuss the issue with the property manager and if unsuccessful, present the payment confirmation in court.Full Conversation
I live in pa and was served a landlord tenant complaint for failure to pay rent. All back rent, including late fees, were paid on the 25th of august. The complaint was filed the 14th of september. What can i do to avoid eviction
Did you receive any written confirmation or receipt when you paid the back rent and late fees?
Yes all payments are made online via a payment portal they use that keep record of all payments.
What evidence do you have of the payment made on the 25th of August? Screenshots, emails, or bank statements can be useful.
Payment comfirmation on their payment portal.
Do you have any written communication with your landlord about the payment made on the 25th of August?
No only digital.
Do you have any email or message correspondence with your landlord acknowledging the payment? Digital records can also serve as evidence.
No
Do you have any other form of communication with your landlord about this issue after the payment was made?
No
Did you receive any notice or communication from your landlord after the complaint was filed on the 14th of September?
No, lease waives the landlord having to give notice to quit and the property manager has been out of office since the 14th.
What does your lease agreement say about the eviction process? In PA, landlords generally must provide written notice before eviction, unless waived in the lease.
Nothing unusual i think
What is the exact wording in your lease regarding eviction and late payment of rent? This can help us understand your rights and obligations better.
That they can evict for non payment of rent. PA however is a pay and stay state, so long as back rent is paid off eviction proceedings stop
Have you consulted with a local attorney or legal aid service about this issue? In PA, if rent is paid before the eviction hearing, the eviction process should stop.
I've tried
What was the outcome of your consultation with the local attorney or legal aid service?
No respose from them
What is the exact date you received the landlord tenant complaint?
The 14th of september
What is the date of your eviction hearing?
Wednesday the 27th of september
Do you have a copy of the lease agreement that waives the landlord's obligation to provide a notice to quit?
Yes
What is the name and location of the court where your eviction hearing is scheduled?
* Boot Rd, Downingtown, PA * i believe this is the location but i dont have the complaint with me currently
What is the name of the court where your eviction hearing is scheduled?
Chester county magisterial court
What is the total amount of rent and late fees that you paid on the 25th of August?
Chester County Magisterial Court's contact details:
- Address: * Boot Rd, Downingtown, PA *
- Phone: (*) *-*
Chester County Magisterial Court's contact details:
- Address: * Boot Rd, Downingtown, PA *
- Phone: (*) *-*
*.*
What is the total amount claimed in the landlord tenant complaint?
That but court fees, about *
What is the breakdown of the court fees mentioned in the complaint?
Cant be sure right now i dont have the complaint with me
Can you access the complaint online or do you have a way to get a copy before your hearing? It's important to know the exact details of the complaint.
Yes it lists attorney fees as *$
What is the total amount you owe according to the complaint, including the attorney fees?
*.*
What is the exact amount you paid on the 25th of August including any fees?
*.*
What is the breakdown of the $*.* you paid on the 25th of August?
Two rent payments of *$ two late fees of *$ the rest os water sewer and admin fees
Did you pay the attorney fees of $* as mentioned in the complaint?
No i havent been able to contact the property manager yet and the complaint was filed well after i caught up i shouldnt have to pay attorney fees no?
Did your lease agreement mention anything about being responsible for attorney fees in case of legal disputes?
Yes it says im responsible for any attorny fees but the complaint was filed well after the rent was paid in full I shouldnt be responsible.
What does your lease agreement say about the timeline for filing complaints and the responsibility for attorney fees?
Only that they dont need to give a notice to quit
What is the exact wording in your lease regarding the responsibility for attorney fees in case of legal disputes?
Nothing specifically about eviction proceedings. Its does mention i need to pay attorney fees for rule violations concerning animals.
Does your lease agreement mention anything about being responsible for attorney fees in other circumstances apart from rule violations concerning animals?
Not that i can see
Does your lease agreement mention anything about the timeline for filing complaints after rent has been paid in full?
Not that i can see
What is the exact wording in your lease regarding the payment of rent and late fees?
Rent is dues first of the month, with grace period till the 5th. *$ late fee *$ fee for transactions that dont clear
Did you pay the rent within the grace period or after it?
After
What is the exact date you made the payment for the rent and late fees?
The 25th of august
What is the exact amount of attorney fees mentioned in the complaint?
*$
Did you receive any communication from your landlord or property manager about the attorney fees after you made the payment on the 25th of August?
No
Did you receive any communication from the court about the eviction hearing after the complaint was filed on the 14th of September?
Aside from the notice no
What is the exact wording of the notice you received from the court regarding the eviction hearing?
It's a basic Pennsylvania Recovery of Real Property Notice. Court date fees and the like
What is the exact amount of court fees mentioned in the Pennsylvania Recovery of Real Property Notice?
*$ in court fees the rest is back rent and late fees
What is the total amount of back rent and late fees mentioned in the Pennsylvania Recovery of Real Property Notice?
*.*
What is the exact wording in the Pennsylvania Recovery of Real Property Notice regarding the payment of attorney fees?
Just mentions attory fees with the amount, *$ listed under other fees
What does your lease agreement say about the payment of "other fees" like attorney fees?
Nothing i havent tood you already
What is the exact wording in your lease regarding the payment of "other fees"?
That im responsible for attorney fees
What does your lease agreement say about the conditions under which you would be responsible for attorney fees?
Anytime and attorney is needed, or court motion is filed
What is the exact wording in your lease regarding the conditions under which an attorney is needed or a court motion is filed?
Anytime the lease is violated
What steps have you taken since receiving the eviction notice?
Nothing, property manager is out of office till monday so i can talk it out until then
What is the exact wording in your lease regarding the violation of lease terms?
Cant find anything
What is the exact wording in your lease regarding the consequences of violating lease terms?
That they may take legal action
What steps do you plan to take when the property manager is back in office on Monday?
Ask how to remedy this to hopefully avoid court
What is your plan if the property manager does not agree to drop the eviction proceedings?
Then we go to court and i do what the judge tells me
What evidence do you plan to present in court to prove that you have paid all the back rent and late fees?
Payment confirmation from their payment portal
What is the exact wording in the payment confirmation you received from the payment portal?