What is the process of evicting a tenant from a non-profit housing organization, when the tenant has no rent cost obligation.

Asked on January 19, 2013 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Tenants may only be evicted for good cause. Good cause includes, when there is a written lease for a defined period of time (e.g. a one-year lease):

1) Non-payment of rent--which includes if the tenant's rent is paid by Section 8, a charity, another subsidy, etc. and that funding is not paid;

2) Violation of material  (important) lease terms, after notice to cease violating  them;

3) Disturbing the peace of other residents, after notice to cease doing so;

4) Reckless (more than "merely" careless) or deliberate damage to the landlord's premises;

5) In public housing (which includes Section 8 subsidized tenancies), criminal activity which violates anti-illegal act provisions of the lease;

6) At the expiration of the lease term, if the lease is not renewed.

There are a few other grounds, too, but the above  are the main ones. If there is a written month-to-month lease or an oral/verbal lease (which creates a month-to-month tenancy), a tenancy may be terminated on a month's notice.

If one or more good grounds, as above, exist, the landlord can file a tenancy action predicated on the correct ground. If good cause to evict does not exist--for example, the lease is still in effect, the tenant obeys all her lease obligations, doesn't disturb other tenants, hasn't committed crimes, doesn't destroy the landlord's property, etc.--then the tenant may not be evicted.


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