Tenant Eviction Lawyer Philadelphia
It is an unfortunate reality that many Tenants are difficult to deal with as they are either generally troublesome or do not adhere to their responsibilities as stipulated by the lease agreement. In an ideal world, the landlord could simply terminate an agreement with Tenants they no longer wish to deal with and re-let the property. After all, as the landlord and owner it would make sense that your wants be paramount with respect to the property. Yet, this is not the case. Certainly not in Pennsylvania. If anything, Pennsylvania law makes it tremendously difficult for a Landlord to evict even the most difficult of Tenants. If you are a Philadelphia landlord and need help evicting unwanted tenants, you will need counsel that specializes in landlord’s rights and Tenant Evictions. The Law Offices of Greg Prosmushkin, P.C. can help.
Under What Grounds May I Evict a Tenant?
First and foremost, you will need legal grounds by which to Evict The Current Tenant. As a Pennsylvania landlord you are bound by the Pennsylvania Landlord Tenant Act of 1951 and may only evict under the following reasons:
(1) Non-payment of rent
(2) Hold over tenancy
(3) Serious breach of lease provision(s)
(4) Tenant engagement in criminal (i.e. drug-related) activity on rental premises
If you believe your tenant has taken action which may amount to a breach under the aforementioned provisions you should contact counsel immediately to discuss the situation and your options. You do not have the option to attempt to self-help and Evict The Tenant yourself. This means that you may not attempt to constructively Evict The Tenant by changing the locks or discontinuing utility services. If you choose to do so, regardless of the tenant’s actions or inactions which you felt warranted such maneuver, you may be liable to the tenant. There are appropriate legal procedures which govern eviction.
The Eviction Process
The following is step-by-step process, which must be followed in order to legally evict a tenant.
STEP 1: PROVIDE NOTICE – A landlord who hopes to evict a tenant must provide the tenant requisite notice in the statutorily appropriate time frame.
STEP 2: FILE COMPLAINT – Once the notice period has expired, in the event the tenant has not vacated, a complaint must be filed with the Court.
STEP 3: HEARING SCHEDULED – At this juncture, the Court will schedule a hearing, the outcome of which will be to either proceed to trial or the tenant’s agreement to Judgment for Possession by Agreement.
STEP 4: APPEAL – There is a ten day window for appeal by either party, post-hearing and decision.
STEP 5: WRIT OF POSSESSION – If the tenant remains despite a favorable judgment for the landlord, a Writ of Possession must be filed with the sheriff’s office, after which the sheriff will post a notice to vacate at the property.
STEP 6: ALIAS WRIT – The tenant is afforded 10 days to vacate. If they remain after this period has lapsed the tenant will file an Alias Writ and a lockout will be scheduled and effectuated by the sheriff.
STEP 7: LOCKOUT – If this point is reached, the sheriff will forcefully enter the premises and effectuate a lockout.
Philadelphia Tenant Eviction Lawyer
It is important to understand both your rights and responsibilities as a Landlord. Taking an inappropriate action can lead to significant financial repercussions which can be avoided with apt assistance. The Law Offices of Greg Prosmushkin, P.C. will assist you in this process and appear in court on your behalf when necessary. Call the Law Offices of Greg Prosmushkin, P.C. to schedule a free consultation with one of our Landlord Tenant associates.
This content was written on behalf of Greg Prosmushkin.