Evictions
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Eviction is the forced removal of a person and their personal property from a rental unit. A landlord may not legally evict a tenant until they have gone to court and proven that the tenant violated a term of the rental agreement or lease and deserves to be evicted. Even before commencing eviction proceedings a landlord must first comply with Pennsylvania law governing notice of termination, if any, of a rental agreement or lease.
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In Pennsylvania, lease terms govern concerning what, if any, notice must be given to the tenant before a court case can start, what the notice must contain, when and how it must be served, and what rights the tenant has to correct the problem (such as paying back rent or stopping an unapproved activity) before the relationship is officially terminated. In some serious situations, such as the continual late payment of rent or the commission of illegal activities like prostitution or drug dealing on or near the property, a landlord may have the right to terminate a lease without allowing any time for the tenant to "cure" the problem or stop the illegal activity.
Once a landlord obtains the judgment for possession from the district judge, the landlord must have the eviction order (the Writ of Possession) served on the tenant by the county sheriff or the district court's constable. The sheriff or constable sets the date of the eviction, and on that day the landlord is permitted to change the locks and remove the tenant's remaining possessions from the property.
The same basic procedure for eviction applies regardless of whether the lease is for commercial property or residential property. However, the special protections of Pennsylvania's Landlord and Tenant Act, and the provisions of the federal Fair Housing Act, only apply to residential leases.
Landlords sometimes try to cut corners in an eviction process with illegal "self-help" evictions. These types of evictions may include instances of verbal threats against the tenant, shut-off of utilities in the hopes they will vacate, or the changing of locks. Any of these methods can lead to increased legal trouble for a landlord and should be avoided no matter how frustrating the situation with a particular tenant.
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Eviction is the forced removal of a person and their personal property from a rental unit. A landlord may not legally evict a tenant until they have gone to court and proven that the tenant violated a term of the rental agreement or lease and deserves to be evicted. Even before commencing eviction proceedings a landlord must first comply with Pennsylvania law governing notice of termination, if any, of a rental agreement or lease.
Contact Amori & Associates, LLC Today
In Pennsylvania, lease terms govern concerning what, if any, notice must be given to the tenant before a court case can start, what the notice must contain, when and how it must be served, and what rights the tenant has to correct the problem (such as paying back rent or stopping an unapproved activity) before the relationship is officially terminated. In some serious situations, such as the continual late payment of rent or the commission of illegal activities like prostitution or drug dealing on or near the property, a landlord may have the right to terminate a lease without allowing any time for the tenant to "cure" the problem or stop the illegal activity.
Once a landlord obtains the judgment for possession from the district judge, the landlord must have the eviction order (the Writ of Possession) served on the tenant by the county sheriff or the district court's constable. The sheriff or constable sets the date of the eviction, and on that day the landlord is permitted to change the locks and remove the tenant's remaining possessions from the property.
The same basic procedure for eviction applies regardless of whether the lease is for commercial property or residential property. However, the special protections of Pennsylvania's Landlord and Tenant Act, and the provisions of the federal Fair Housing Act, only apply to residential leases.
Landlords sometimes try to cut corners in an eviction process with illegal "self-help" evictions. These types of evictions may include instances of verbal threats against the tenant, shut-off of utilities in the hopes they will vacate, or the changing of locks. Any of these methods can lead to increased legal trouble for a landlord and should be avoided no matter how frustrating the situation with a particular tenant.
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513 Sarah Street, Stroudsburg, PA 18360
(570) 421-1406 Tel.
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(570) 421-1407 - Fax
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