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Caretaker84 Asked July 2018

Being evicted in PA and my mom has dementia what can I do?

I know about the notice to quick in PA. Does a Facebook message count (30 days notice)? Also as a caretaker what can I do? As of now we do not have a lease but we pay rent (at times late but 3 days at most) we have a security deposit we are thinking living off of. I also have a toddler don't know if that makes a difference. I dont have money for a lawyer or to move either. What steps can I take -need help fast

freqflyer Jul 2018
Caretaker84, I hope you and your Mom can find a new residence. Better act quickly.

Pull out your lease and read the section that relates to either you or the landlord giving notice to move, how notice is given, and how many days are required. Normally notice is 60 to 90 days. Notice is normally given by U.S. mail and by e-mail both.

Did you received a "Notice of Default" regarding your late rent? Since you mentioned you are usually 1-3 days late in rent, each time unfortunately that is a default. Did you add onto your rent check the "late fee"? Again, see your Lease.

Eviction usually comes when notices have already been given for several months without any communication from the tenant or refusing to vacate the premises for non-payment of rent. Eviction is normally a notice taped to your front door by the County/City Sheriff. Each State has their own eviction laws.

As for the security deposit, the landlord can take a certain amount of days [see your lease] to return the security deposit, but only if the property is in good condition allowing for some wear and tear.

Caretaker84 Jul 2018
Thank you for your responses they have been helpful. With the confusion of the deposit, we were paying rent the landlord ask to collect a deposit after the fact. But I found the answer elsewhere and it was cleared on the feed as well (if landlord agrees)

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JoAnn29 Jul 2018
You need to contact your local housing dept. Without a lease you are monthly so 30 days notice is OK but not on Facebook. I would think it needs to be in writing mailed to u certified mail. Did you pay a security deposit besides first and last month? If so, you cannot use that to pay rent unless OKd by landlord. Security is for damage. Having a toddler and a person with Dementia you may get another 30 days. Need someone to help you.

Caretaker84 Jul 2018
Payment on time from what I'm gathering he is selling the home
By deposit I am talking about the 1st and last month deposit
jeannegibbs Jul 2018
I know about the 1st and last month deposit, but how are you planning to live on it? The first month's already been used up, the first month you lived there, right? Are you saying that you'll stay a month beyond the eviction date, to use up that deposit? I'm just not clear how you expect to live on this. Or are you expecting to have this refunded and use it to for a security deposit on another rental place? I guess I'm confused.

Have you tried Legal Aid? Area Agency on Aging?
DeeAnna Jul 2018
There are Legal Aid lawyers and College of Law that offer legal advice of a small fee. Maybe you can talk to one of them.

Riverdale Jul 2018
I think that means buying a month of time as that is likely what deposit is but am just speculating although I know alot about rental property to a degree.

jeannegibbs Jul 2018
Why are you being evicted? Late rent? Too many people in the unit? Landlord is selling the property? I'm not sure if it makes a difference, but it might help someone with a similar experience to respond to you.

Does your mom live with you? Call your Area Agency on Aging, explain the situation, and see if they can refer you to someone with qualified advice.

Have you read this explanation of eviction in NOLO?

https://www.nolo.com/legal-encyclopedia/how-evictions-work-pennsylvania.html

I cannot imagine that a post on FaceBook constitutes a valid written notice.

Explain what you mean by living off the security deposit, please.

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