I am a new Landlord in PA and my tenants signed a one-year lease. The bathroom does not have a shower; just a bathtub. When they moved in, they said it was fine with them. So, they signed the lease. On the 5th month when the rent was due, I gave them a few days and asked for it. I was told they were not paying because I didn't install a shower kit. They said it was a condition upon moving in. I did not say that and it doesn't say that in the lease. So, I hand-delivered a Notice to Pay or Quit to them. The next day, his girlfriend said that they were planning on moving out that month anyway because they bought a house. I just figured that since they were moving out at the end of the month, I would not enforce the Notice. But, however, I would take them to court for early termination. I asked what they are going to do for payment of their lease. First of all, they said that are using the security deposit for that month and I would have to take them to court for the rest of the lease.

Also, the night before they moved out, which was actually before a week before the last day of the month, I heard something in the apartment as I live next door. This is a duplex. I was concerned because they weren't staying at night at that point. They were staying in their new house. I entered with my husband without their permission as I had no way of getting in touch with them. I was concerned for my house.

I just found another tenant to rent that side. So, I would like to take them to court for three months, November (which they used for security deposit), December and January, as I will have a new tenant in there beginning February 1.

I sent a letter to my former tenants and advised that I will not be releasing them from their financial obligations under the lease. I received a phone call from the boyfriend saying that when I provided the Notice to Pay or Quit that I should not be entitled to anything else and also that I and/or my husband entered the premises illegally. I am the Landlord, not my husband. Everything is in my name.

One more thing, when they signed the lease, his girlfriend signed with his last name as his wife which is what they told me they were, husband and wife.

I apologize for this being so lengthy, but what legal rights do I have to do anything? Any help would be greatly appreciated. Thank you.

You have nothing to worry about. They owe you for rent and for breaking the lease. Don’t worry about it, just go to court and get a judgment. The next time they have to make a major credit purchase and the bank will not extend credit they settle with you.
As for entering the apartment and whether or not you violated the lease terms, that would depend on your lease and what notice requirements you conceded to. PA does not have any statute regarding entering. But, I would explain to the Judge that you thought that they had vacated and was concerned about squatters.

Thank you, Brook, I feel so much better now.

The lease does state that in an emergency situation, I can enter without the tenant's permission. Under normal circumstances, I would need to give them 24 hours notice.

I will proceed to court now then. Thank you.

Are you aware that you can have your tenants sign a "give up right to vacate notice" at lease signing? This means that if they breach their lease you can go straight to court without giving the usual 5/15/30 day notice before taking legal action.

But will add it to my new lease. I want to make sure that all bases are covered.

I was concerned about the Notice to Quit though. He told me that since I provided that to them, they quit, and I am not entitled to anything else.

I'm glad that you clarified that for me and that I have every right to go to court with this.

Thank you again for all your help.