Legal Question in Civil Litigation in Pennsylvania

Eviction Rent To Own Deal

I am purchasing a home from my parents that is currently in a rent to own agreement with my Uncle. However my Uncle has let the property go into forclosure breaching his contract with my parents. It states that if my Uncle doesn't keep the payments current we have the right to evict or demand full payment for the remainder of the contract. No where ,however, is it mentioned in the contract that my Uncle is a renter or that it is a ''Rent To Own'' agreement. To get him out of the house do we still have to follow the Tenant/Landlord rules for eviction? Or can I purchase the house and just give him a date to be out by? Do my parents have to send him a letter stating he is in breach of contract with a move out date before purchase? My Uncle is aware that the home is in forclosure and the date that the bank will take ownership. We sent that in a letter and attached it to his door. To make matters worse my parents just got discharged from bankruptcy so there is no finacial help from them to get my Uncle out. So the quickest and cheapest is what I am looking for!


Asked on 3/02/06, 2:53 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Eviction Rent To Own Deal

From what you say you uncle was what could be characterized as a land contract with your parents. This is different then a lease. So unless your uncle can characterize it as a lease the land lord tenant act would not apply.

Because the contract specifies what will happen if he breaches the contract then that is what a court would follow. However, to evict him you would need to follow the standard eviction procedures.

I am guessing that because your parents went through bankruptcy they are no longer personally liable, however, the property is still subject to the mortgage and can be foreclosed.

The question is have you just asked him to leave? If so what was his response? His leaving voluntarily would be the cheapest course of action.

Because this would be a breach of contract case if you move to evict him you're on the hook for the cost of the eviction unless the contract says different.

If you have any questions please feel free to contact me the initial consultation is free.

{John}

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Answered on 3/02/06, 8:47 am


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