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

UPDATED: Jan 19, 2013

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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