changed locks (by Louise [PA]) Oct 24, 2011 4:21 PM
changed locks (by frank [NJ]) Oct 24, 2011 4:43 PM
changed locks (by louise [PA]) Oct 24, 2011 5:08 PM
changed locks (by Steve [PA]) Oct 24, 2011 5:41 PM
changed locks (by Virden [OH]) Oct 24, 2011 5:57 PM
changed locks (by Paulio [PA]) Oct 24, 2011 6:23 PM
changed locks (by JAC [OH]) Oct 24, 2011 6:26 PM
changed locks (by Moshe [CA]) Oct 24, 2011 6:33 PM
changed locks (by JAC [OH]) Oct 24, 2011 6:49 PM
changed locks (by JAC [OH]) Oct 24, 2011 6:58 PM
changed locks (by Ken [NY]) Oct 24, 2011 7:01 PM
changed locks (by Honey [FL]) Oct 24, 2011 7:18 PM
changed locks (by Moshe [CA]) Oct 24, 2011 8:26 PM
changed locks (by proofstyle [PA]) Oct 25, 2011 3:44 AM
changed locks (by john [PA]) Oct 25, 2011 5:18 AM
changed locks (by don [PA]) Oct 25, 2011 6:56 AM
changed locks (by Louise [PA]) Oct 25, 2011 1:00 PM
changed locks (by Wilma [PA]) Oct 26, 2011 9:28 AM
changed locks (by Louise [PA]) Posted on: Oct 24, 2011 4:21 PM Message:
State Specific Question About: PENNSYLVANIA (PA)
I need some advice here. Won an order of posession against a tenant in local municipal court. The document states tenant has 10 days to appeal. She is not living there - more like storing her stuff. We changed the locks today and got a call from the local social services atty. - Said we were not allowed to change locks because it is 10 business days by law. She filed an appeal and re-entered the property. The judgement states 10 days, not ten business days. She paid 1/3 of a months rent to be able to file the appeal (our judgement states that she has to pay 3 months in order to appeal) Not sure what to do at this point - on one hand she has to pay so much into a fund or the appeal is in default. We also stated in a letter to her that we would store her belongings there for 15 more days, - this was on the judeges advice - totally confused in PA
--50.29.xxx.xx |
changed locks (by frank [NJ]) Posted on: Oct 24, 2011 4:43 PM Message:
sounds like you do not know ALL of the governing PA law.
Pay for an hour or two forr advvice from a LL/tenant attorney....anf HURRY UP ABOUT IT or its gonna cost you.
It does sound like you may be liable for damages due to an illegal lock out.
SEE AN ATTTORNEY!!! --75.250.xxx.xxx |
changed locks (by louise [PA]) Posted on: Oct 24, 2011 5:08 PM Message:
why? she broke in and again has access to our property. All of her appliances were removed for non-payment to the rental co. Her items are in tact. It seems that we are the losers here because we locked her our two days early - she still owes us for the time she has been there - even the ss lawyer admitted that.
--50.29.xxx.xx |
changed locks (by Steve [PA]) Posted on: Oct 24, 2011 5:41 PM Message:
I am confused from your original post. So in Montgomery County, PA. this is how it works. I am sure it works the same for your county. When you file for possession the constable will come out and give you possession in 10-12 days (depending on weekends) You cannot enter home until the constable goes in. Once in a while the tenant will give you the keys early so they do not actually get evicted. The appeal you are talking about I never dealt with, but if it says 3 months the Judge will make them give him 3 months. If you entered early and changed the locks you were wrong according to the law. Just wait for the constable. Take down her car information, find out where she is living and working. You can do a wage attachment, execute against personal property and put the judgment on her credit report. I have many wage attachments and have recieved a few cars. With that said I also have a lot of money outstanding but every deadbeat has my judgment attached to their credit report. --71.225.xx.xxx |
changed locks (by Virden [OH]) Posted on: Oct 24, 2011 5:57 PM Message:
After you learn this lesson go to housing court often and look, listen and learn - the price is just the time you sit there - no tuition or legal fees, you will see some folks who may be at your house next week trying to rent because they had to move quickly because the landlord would not fix this-n-that, you will be ahead of the game and just say no to evictions. --76.241.xxx.xxx |
changed locks (by Paulio [PA]) Posted on: Oct 24, 2011 6:23 PM Message:
It has always been 10 calendar days in the two counties where I have units, not business days. --74.212.x.xxx |
changed locks (by JAC [OH]) Posted on: Oct 24, 2011 6:26 PM Message:
This is not legal advice but I think you are in a better position than your tenant. You were granted possession of the property. The tenant has 10 to move or be forcibly removed by the court. The tenant moved out but left their stuff. You changed the locks. They have a lawful right to appeal and post a bond (which you say they did) but I don't see where it allows them to re-enter the property. From what I see the only time they can stay is they pay the full amount due or 3 months of rent. If they are still in the property and you are beyond the 10 days I would take the paperwork down to the sheriff and ask them to schedule the setout. --208.102.xx.xxx |
changed locks (by Moshe [CA]) Posted on: Oct 24, 2011 6:33 PM Message:
JAC,
An order for possession is not possession.
If the judge ordered that you be given possession, that means the Sheriff (or whoever) will go out to the property and, after following procedure, will remove her and GIVE YOU possession of the property. His procedure may even include saying to you, "Sir, you now are in possession of the property". Until then, she (the tenant) has possession, despite the judges decision and order.
--96.247.xx.xx |
changed locks (by JAC [OH]) Posted on: Oct 24, 2011 6:49 PM Message:
Moshe,
I will give you that but from the information given above I would argue they moved out and gave possession and now they are trespassing. --208.102.xx.xxx |
changed locks (by JAC [OH]) Posted on: Oct 24, 2011 6:58 PM Message:
Moshe,
I'm going to retract my giving you credit. I believe the possession order gives you possession of the property. If the tenant refuses to leave it also give the law enforcement the required tools to maintain the orderly and safe transfer of the property. Some courts may require you to wait for the law enforcement action and some don't. --208.102.xx.xxx |
changed locks (by Ken [NY]) Posted on: Oct 24, 2011 7:01 PM Message:
Talk to your attorney,it wouldn't surprise me to find out the government do gooder lawyer is wrong. --67.252.xx.xx |
changed locks (by Honey [FL]) Posted on: Oct 24, 2011 7:18 PM Message:
If the letter gave 10 days and did not state anything about weekends and holidays.
Her attorney sounds like a crook. Why didnt the letter give the exact property possesion date?
No worries, from what I can see on this post
This doesnt mean that you dont need to consult with an attorney and I really dont think that you have anything to worry about --76.123.xxx.x |
changed locks (by Moshe [CA]) Posted on: Oct 24, 2011 8:26 PM Message:
What constitutes vacating the property and return of possession?
• Return of keys.
• Abandonment, meaning (at least in CA) notice of belief of abandonment to the lessee pursuant to this section only where the rent on the property has been due and unpaid for at least 14 consecutive days and the lessor reasonably believes that the lessee has abandoned the property. A procedure must be followed where the lessor gives written notice of his belief of abandonment and the lessee fails to give the lessor written notice, prior to the date of termination specified in the lessor's notice, stating that he does not intend to abandon the real property and stating an address at which the lessee may be served by
certified mail in any action for unlawful detainer of the real property.
• Law enforcement officer acting on a writ issued by competent court placing lessor in possession after following proper procedure.
Anything else?
--96.247.xx.xx |
changed locks (by proofstyle [PA]) Posted on: Oct 25, 2011 3:44 AM Message:
Bottom line: You jumped too soon.
The tenant's attorney is half right. In PA it is ten calendar days IF courts are open on the last day. If no appeal is filed, on the following court business day you can move to the next step in the process.
The requirement to post 3 months rent in order to appeal was challenged as a violation of poor tenants' civil rights. Watch the payment schedule that is required of your tenant. If she misses a deadline, you can request a dismissal of her appeal.
--68.83.xxx.xx |
changed locks (by john [PA]) Posted on: Oct 25, 2011 5:18 AM Message:
proofstyle - who sets the payment schedule? Assuming her rent is $600 per month what is your experience with a payment schedule --71.225.xx.xxx |
changed locks (by don [PA]) Posted on: Oct 25, 2011 6:56 AM Message:
It is ten calendar days to appeal...BUT, just because the judge gave possession doesn't mean you can change the locks. The Sheriff has to evict; there is a process for this which involves serving Writs and has its own timetable. If you did not go through this process your only argument is that the tenant had abandoned the property on his own. --170.115.xxx.xx |
changed locks (by Louise [PA]) Posted on: Oct 25, 2011 1:00 PM Message:
Thank you all. I believe Proofstyle got it right. The office would have been closed on the Saturday before we changed the locks on Monday, and now I understand why she was able to only pay 1/3 of month to stay. Her SS atty. did tell me that if she doesn't follow the payment shedule, I can have the appeal reversed. While I am upset that she back in there, at least there is a schedule- this is the only way this woman pays anything. We won an order of possession before and decided to let her stay after she paid in full and promised to faithfully pay rent. I am not sure how to proceed right now. We will get the appeal within a few days. Thanks again - I really appreciate the input! --208.118.xxx.x |
changed locks (by Wilma [PA]) Posted on: Oct 26, 2011 9:28 AM Message:
You can be very confident in proofstyle's advice. She really know the PA LL/tenant law! --71.185.xxx.xxx |
Reply:
|
|