Philadelphia Tenant Eviction Attorney
Having a problem tenant in the city of Philadelphia can be a burden on the landlord’s time and finances. Retaining an attorney in the eviction process of evicting either a residential or commercial tenant can be a serious advantage, and The Law Offices of Greg Prosmushkin, P.C. can help. If you would like to evict a problem tenant, we can assist you through every step of the legal process, and tackle any problems that occur.Grounds for Eviction
As a landlord in Pennsylvania, you must abide by the stipulations of the Pennsylvania Landlord Tenant Act of 1951. Accordingly, you can evict for:(1) hold over tenancy, (2) failure to pay rent, (3) material breach of lease provision, and (4) when a tenant engages in drug-related activity on the property. Keep in mind that any of these violations alone can be enough to file for eviction. Our attorneys will tailor your case to show the court that you are acting within your rights under the act, and that moving for eviction is proper in your situation.
For everyone’s safety and to follow the law to the best of your ability, you MUST not engage in self-eviction. According to the Pennsylvania Landlord Tenant Act of 1951, a landlord may not discontinue utility services or change the locks on a problem tenant. This is known as a constructive eviction, and it is prohibited under Pennsylvania Law. Constructively evicting a tenant will hurt your chances to properly evict this tenant later, so it is best to contact a lawyer to use the appropriate legal process.The Eviction Process
- Step 1: Notice. It is imperative that your formally notify the tenant of your intention to evict.
- Step 2: Filing Suit. If the tenant doesn’t leave the premises notice period expires, a complaint can be filed by your attorney.
- Step 3: Hearing. If a hearing is necessary, both the landlord and tenant must appear in court at the hearing. If either party does not attend the hearing, the judge may decide to enter a judgment of default against the party who has failed to appear.
- Step 4: Form of Resolution. Now, the landlord and the tenant will have a chance to negotiate or mediate the case. This serves as an opportunity for the parties to work something out without doing a full trial. If a mediation or negotiation cannot be met, the default decision will be a contest, and a trial will take place. Agreements made in court are BINDING and both parties must honor the agreement. If the tenant fails to abide by the terms of the in-court agreement, the court will continue with the eviction process.
- Step 5: Contest. If an agreement cannot be made or the parties wish to proceed with trial, then contest will ensue. The tenant can agree to Judgment for Possession by Agreement, which means that the tenant will leave the property within a certain amount of time. If the tenant does not agree to Judgment for Possession by Agreement, the tenant will have ten days to appeal if/when the court finds in the landlord’s favor.
- Step 6: Sheriff. If the tenant refuses to leave and his appeal window runs out, your lawyer will file a Writ of Possession with the Sheriff’s office. The sheriff posts the Notice to Vacate at the property in question, and the tenant gets an additional ten days to leave the premises from the date of the posting. After the ten days pass, your attorney files an Alias Writ, and a lockout is scheduled by the sheriff. The sheriff will then enter the premises, and the tenant will be forcibly removed from the property and locked out.
Tenant Eviction Attorney Philadelphia
Ideally, we would like to resolve your case without going through the necessary steps listed above to save our clients the time and aggravation associated with problem tenants. Having said that, our attorneys are ready, willing, and able to fight for your rights every step of the way if necessary. For that reason, it is in your best interest to hire an attorney to resolve the matter as quickly and as efficiently as possible. The Law Offices of Greg Prosmushkin, P.C. is happy to help you gain control over your property once again. Call Today to schedule a free initial consultation with one of our Landlord-Tenant Attorneys.
This content was written on behalf of Greg Prosmushkin.