Connect With A Trusted Residential Real Estate Evictions Lawyer In Philadelphia

Property owners suffer real financial losses when tenants stop paying rent or damage rental units beyond normal wear and tear. Each month of delay means more lost income and potential property damage that cuts directly into your bottom line.

Residential evictions require careful attention to complex procedures under both state and federal laws. Attorneys at Baritz KBK Law Group, LLC, understand these complex requirements in Pennsylvania and efficiently guide Philadelphia property owners through each step of the legal process.

What Is Eviction In Pennsylvania?

Eviction in Pennsylvania is the legal process a landlord uses to remove a tenant from a rental property. It occurs when a tenant violates the lease agreement, such as:

• Failing to pay rent
• Damaging property
• Violating other terms of the rental contract

Understanding eviction is important because it involves strict legal procedures, and mistakes can delay or invalidate the process. Tenants have rights under Pennsylvania law and landlords must follow these rules to lawfully regain possession of their property.

Eviction begins when a landlord provides proper notice to the tenant, giving them a chance to remedy the issue or vacate the property.

If the tenant does not comply, the landlord can file a formal complaint in the local magisterial district court. Pennsylvania law protects tenants by requiring specific steps and documentation, making legal guidance essential for landlords and tenants.

A qualified Pennsylvania eviction lawyer can help protect tenants from wrongful eviction and help landlords recover property efficiently while following the law.

Common Grounds For Tenant Eviction In Philadelphia

In Pennsylvania, the law allows landlords to pursue residential evictions when tenants meet specific legal requirements for removal. These grounds can help you determine whether you have a valid case and can proceed with the eviction process:

• Nonpayment: When tenants fail to pay rent on time or in full, landlords can begin eviction proceedings after providing proper notice. Pennsylvania requires landlords to give tenants a 10-day notice to pay or quit before filing for eviction.
• Lease violation: Tenants who break the terms of their lease agreement beyond rent issues can face eviction. Common violations include unauthorized pets, subletting without permission, property damage or disturbing other tenants.
• Illegal activity: Tenants who engage in criminal behavior, such as drug activities or violence, on the property create grounds for immediate eviction in many cases.

Having an attorney handle these situations ensures you follow all legal requirements correctly from start to finish. They can manage the entire process, from providing a notice to vacate to tenant removal, all while helping you avoid costly mistakes.

What Is A Notice To Quit?

A notice to quit is a formal written document used to inform a tenant that they must leave the rental property within a certain period. It is usually the first step in the eviction process in Pennsylvania and is required before filing an eviction lawsuit.

The notice must clearly explain why the tenant is being asked to leave and provide a deadline for compliance.

A notice to quit should include:

• Tenant and landlord information: Full names and addresses of all parties involved
• Property address: The exact location of the rental unit
• Reason for eviction: Nonpayment of rent, lease violation or other grounds
• Time frame to vacate: Specific number of days the tenant has to leave or correct the issue
• Signature and date: Signed by the landlord or authorized agent, with the date of issuance

Making sure a notice to quit contains all necessary information protects landlords from legal delays and provides tenants with clear instructions. Consulting a Pennsylvania eviction lawyer can help draft a legally valid notice and guide both parties through the next steps.

How Long Does An Eviction Typically Take In Pennsylvania?

While variables exist, a typical uncontested Pennsylvania eviction takes 30 to 60 days from filing to lockout. Key mandatory waiting periods include:

• Notice period: Unless the lease waives it, landlords must provide a Notice to Quit. Statutory periods are 10 days for nonpayment and 15 or 30 days for other breaches. Many professional leases waive this notice, allowing immediate filing.
• Hearing schedule: Once you file a complaint, the Magisterial District Judge must schedule a hearing between 7 and 15 days later.
• Appeal period: After the judge enters a judgment for possession, a mandatory 10-day appeal window must pass before enforcement.
• Order for possession: If the tenant stays past the appeal period, you must obtain an Order for Possession for the constable to serve. The lockout cannot occur until 10 days after service.

Administrative errors, such as incorrect dates or improper service, can void the process and force you to restart.

Landlord/Tenant Attorneys Representing Philadelphia Area Residential Landlords In The Eviction Process

The Philadelphia law firm of Baritz KBK Law Group, LLC, welcomes inquiries from landlords in need of legal counsel and representation in eviction proceedings. When nonpayment of rent is a problem, the firm’s attorneys are often able to help resolve landlord-tenant disputes efficiently out of court. When eviction is unavoidable, however, they are prepared to take action quickly and efficiently.

The firm’s experienced Pennsylvania landlord-tenant lawyers are prepared to assist you, the landlord, through all phases and legal aspects of the eviction process as described below. Contact the firm to schedule a no-obligation consultation, whether to plan for future needs, or to get an eviction underway immediately.

The lawyers at Baritz KBK Law Group, LLC, are prepared to guide you with confidence and without delay through all aspects of the eviction process as follows:

Notice To Vacate

In order to initiate an eviction of a tenant in Philadelphia and the surrounding counties, a landlord is first required to give the tenant a written notice.

If a tenant has a written lease, it might say how much notice is needed for eviction. If the eviction is due to not paying rent, the landlord usually has to give a 10-day written notice unless the lease says something different. However, sometimes the lease “waives,” or sets aside, the right to a notice. The same is true if there is a word-of-mouth (oral) lease agreement.

All tenants have a lease of some kind; if the lease is not in writing, the law assumes the tenant to have an oral lease, or a lease created by the action of the landlord and tenant: for example, the action of paying rent to live in a property.

Landlord Must File An Eviction Complaint In Court

Once the notice period to leave is over, the landlord needs to file an eviction complaint against the tenant in Landlord-Tenant Court. The court will send a copy by U.S. mail to the tenant. The complaint will state the date and time the tenant must appear in court, as well as the reasons the landlord is asking for an eviction.

Baritz KBK Law Group, LLC, takes the matter confidently in hand on behalf of Pennsylvania landlords and ensures that evictions proceed smoothly and on schedule.

If a tenant is being evicted for reasons such as ending the lease term or breaking lease rules, and the lease does not specify notice time, the landlord must give 15 days’ notice for leases up to one year. For leases longer than a year, 30 days’ notice is needed.

Service Of The Eviction Complaint

State law requires that the tenant be officially provided with a copy of the complaint to ensure they are aware of the pending legal action. This process is known as “service of process.”

It is important to note that a landlord generally cannot simply hand these legal documents to the tenant themselves. According to Philadelphia Municipal Court Rule 111, the landlord (plaintiff) must ensure the Statement of Claim is served using one of the following authorized options:

• By writ servers: The court serves the complaint by mailing a copy via first-class mail and delivering a copy to a writ server. The writ server will then hand it to the tenant (or an adult in charge of the premises) or post it conspicuously on the property if no one is found.
• By a competent adult: Service may be performed by a competent adult in the manner prescribed by the Pennsylvania Rules of Civil Procedure (though using a professional writ server is often recommended to ensure proof of service).

Eviction Hearing In Landlord-Tenant Court

The parties must attend the eviction hearing on the scheduled date. If a party does not appear for the hearing at the time specified in the complaint, the party may automatically lose the case and a default judgment may be entered (it can be very difficult to open a default judgment).

Mediation Or Contest

At court, and before the actual eviction hearing begins, the parties may choose to enter into mediation or attempt to negotiate a settlement with the landlord and his/her attorney. All agreements created at court are written and binding and cannot be appealed. When the agreement is signed, it is permanently binding for everyone involved.

Only the commitments stated in a court agreement can be enforced. If the tenant fails to live up to the terms of the agreement, the eviction process moves forward. Any verbal agreement outside of the written agreement is usually not recognized or enforced by the court.

Prepared To Testify

If a party decides against mediation or it does not work, they can take the issue to court. A contest means the parties will appear before a judge, therefore allowing a judge to decide the case. Any witnesses must be prepared to testify at this point.

What If A Tenant Refuses To Vacate?

A court judgment does not guarantee the tenant will leave voluntarily. If they refuse, do not attempt removal yourself. Changing locks, removing doors or shutting off utilities constitute illegal “self-help” evictions in Pennsylvania. Let us assist you with this final phase.

• Filing for the writ: Once the appeal period expires, we immediately file a Request for an Order for Possession.
• Coordination with law enforcement: We act as liaison between you and the constable or sheriff to schedule the lockout.
• Minimizing liability: We manage the paperwork authorizing law enforcement to remove the tenant and their belongings.

Our attorneys oversee judgment enforcement, so you avoid confronting a noncompliant tenant while working to regain possession.

Protect Your Landlord Rights With A Dedicated Real Estate Attorney

Do not let a rental property dispute cost you any more time and money. Entrust your eviction matters to Baritz KBK Law Group, LLC, to resolve nonpayment of rent and other infractions making eviction a necessary option. We are a team that understands Pennsylvania’s eviction laws and the importance of protecting your investment.

Call us at 866-415-6588 or reach out online to schedule a free initial consultation regarding the eviction hearing and beyond. Baritz KBK Law Group, LLC, is ready to help you initiate an eviction now.