Legal Question in Landlord & Tenant Law in Pennsylvania

Re: eviction

I would recommend you retain an attorney to facilitate your eviction process or risk the possibility of having your tenants winning a possible counter suit against you.

Re: eviction

To answer your question, the next step in the eviction process is serving (delivering) a �notice to quit�. Specific information must be included with your notice to quit, such as your legal grounds for asking the tenant to vacate (i.e. nonpayment of rent). The notice must be posted to the tenant�s door or hand-delivered to the tenant. A notice without all the important facts or a notice delivered improperly, will give your tenant grounds for dismissal.

Ten-days after posting the notice to quit, the next step is to file a Landlord/Tenant complaint in District Court (or Municipal Court in Philadelphia). If you are a corporation, you need an attorney or an officer to represent the corporation in court. Once the complaint is served (delivered) on the tenant, the court will hold a hearing. If you successful prove to the court that you are entitled to repossess your property and evict the tenant, then the court will enter a judgment for the owner for possession.

Ten days after the judgment is entered, the next step is to request the court issue an Order for Possession. Eleven days after serving (delivering) the Order of Possession, then an officer can forcibly evict the tenant.

You must understand that your tenant has rights, so if your documents are not correct or complete, your tenant may successfully ask the court to dismiss your case. Even though I have explained the process of eviction, I am not suggesting you should take these steps nor am I suggesting that you have a legal right to evict. I am, however, suggesting that you hire to an attorney for advice about your specific case.

I hope I have been helpful.

Sharmil D. McKee,

Attorney

[email protected]

http://www.mckeelegal.com

Re: eviction

I agree with both Attorneys. While on the 11th day you have a theoretical right to have the person removed, they have a right to file an appeal, which will stay the removal/eviction.

Too many landlords try to do this on their own, and fail. Your tenant may have counterclaims against you. You need an attorney.