Can I evict someone who did not pay their security deposit on date agreed upon?

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I allowed my tenant to move in with just giving me the first months rent, she agreed to pay me the security deposit on 7/10/15. When I woke up this morning she was avoiding my texts and calls, after three hours I finally got a text saying that her pay check was only a one day pay check and that she was sorry but her next three pay checks will be coming to me for security deposit and NEXT months rent. I need some advice on what I can do myself legally. Thank you in advance!

Attorney Answers

2
Arthur Panza ·
If there are monies due under the lease, you can file an eviction complaint with the local district justice office. However, if the tenant is going to pay the monies due within the next 1 to 2 weeks, you might consider waiting to find out if , in fact the arrears will be paid. However that is your decision.
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Stephen James AntwineImmigration AttorneyPhiladelphia, PA ·
You should review the terms of the lease carefully. You have the right to bring an eviction action against the tenant in Magisterial District Court if the tenant breached a condition of the lease. You must give written notice of the violation, wait the requisite period, then file for possession in court. You can then argue your case before the judge. If the tenant complies with the conditions (ie: payment), the judge will likely not grant possession of the property. Essentially, you may be best served by waiting to see if the tenant makes payment as promised before starting eviction proceedings.
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