 holding property (by Louise [PA]) Dec 10, 2011 9:33 AM
 holding property (by Jeff [CO]) Dec 10, 2011 9:38 AM
holding property (by Louise [PA]) Dec 10, 2011 9:59 AM
holding property (by louise [PA]) Dec 10, 2011 10:19 AM
holding property (by Jeff [CO]) Dec 10, 2011 1:10 PM
holding property (by Virden [OH]) Dec 10, 2011 1:31 PM
holding property (by louise [PA]) Dec 10, 2011 6:55 PM
holding property (by Steve [PA]) Dec 10, 2011 7:48 PM
holding property (by proofstyle [PA]) Dec 10, 2011 10:11 PM
holding property (by Louise [PA]) Dec 11, 2011 4:57 AM
holding property (by Louise [PA]) Dec 11, 2011 9:51 AM
holding property (by Steve [MA]) Dec 11, 2011 12:48 PM
holding property (by Louise [PA]) Posted on: Dec 10, 2011 9:33 AM
Message:
State Specific Question About: PENNSYLVANIA (PA)
Hello to everyone- I have a tenant that will be locked out by the constable on Monday. As far as I know she has not made any attempt to move and all of her items are still in the house. We have a money judgement as well, but I know we would be in line to collect anything at this point - She was under arrest for bad checks, etc. I believe by PA law we are required to hold her items for 30 days. If this is so, how many times do we allow her access. I know if we open up the house for a day, she will just take what she wants and leave a mess. Never been though this type of eviction before.. Any advice is appreciated. Thanks, Louise --208.118.xxx.x |
holding property (by Jeff [CO]) Posted on: Dec 10, 2011 9:38 AM
Message:
What does your lawyer say? --97.122.xxx.xxx |
holding property (by Louise [PA]) Posted on: Dec 10, 2011 9:59 AM
Message:
Our lawyer said it would be easy to re-file for the $ judgement, but thinks we would incur more in legal fees that it would be worth because this woman is a deadbeat who owes everybody in town money. This case was complicated by the fact that after we got the judgement for both $ and posession, we locked her out to early and she got a social services lawyer and we had to let her back in. She was supposed to be paying into the prothonotary and stopped doing that so our lawyer filed a complaint ant we were then able to get the constable and proceed with locking her out. I'm not sure my lawyer's specialty is eviction, but I do trust her.
--208.118.xxx.x |
holding property (by louise [PA]) Posted on: Dec 10, 2011 10:19 AM
Message:
holding property (by Jeff [CO]) Posted on: Dec 10, 2011 1:10 PM
Message:
You should be dealing with a lawyer who represents landlords.
Making business/legal decisions based on free advice from a board such as this is probably not a good idea.
Making the wrong decision can be very expensive. Especially when doing lockouts and self-help evictions. Your legal exposure could be big. --97.122.xxx.xxx |
holding property (by Virden [OH]) Posted on: Dec 10, 2011 1:31 PM
Message:
I remember reading the first edition of this post, you need to find a landlord group who has experience in this field, how much your lawyer charges for case review is likely to start getting costly, return to housing court and observe the lawyers in action, maybe you can get a quick answer in the hallway when one goes out for a break looking for his next client to arrive. This year I found a small court who makes the tenant pay for the damage award, moving and storage before anything is released - this I like. --76.241.xxx.xxx |
holding property (by louise [PA]) Posted on: Dec 10, 2011 6:55 PM
Message:
Thanks, but where is Proofstyle who I have always gotten the best advice from. No offense, but I don't have the best lawyer to handle eviction, and this has been a drain emotionaly and financially - looking for hard facts on PA law. Thanks Virden, but I am in a small town with one court. --50.29.xxx.xxx |
holding property (by Steve [PA]) Posted on: Dec 10, 2011 7:48 PM
Message:
I'm in Montgomery County PA so it should be the same in your county.
There is NO 30 day law in civil law or landlord tenant law in PA. With that said MOST district Justices use the 30 day rule of keeping the tenants personal items.
You are under NO obligation to leave the items in the home. Your goal is to rent the home asap. I pack the items up immediately and move them into storage. I charge the tenant for packing, moving and storage.
For the tenant to get their items I make them meet me at the home. They must have a truck and helpers and I then take them to the storage unit.
Assuming you leave the items in the home, you allow the tenant to retrieve the items when it is convienent for you. Meet them outside and let them know they must take the entire room before moving to the next room. If they dont like it let them file a complaint with the district justice.
Make sure you hang no trespassing signs on every door. Once you gain possession you hold all the cards.
Pack all small items in bags so they cant pick and choose the items. Find out where they moved to and anonymously write a letter to the new landlord and tell them to go to the district court to find out info on the tenant.
PA law is vague. You need to re -rent asap so this might take a little work to get the place cleaned out and ready asap. --71.225.xx.xxx |
holding property (by proofstyle [PA]) Posted on: Dec 10, 2011 10:11 PM
Message:
Steve said it well. They get access for one day with me present. I bring contractor bags and a clothesline, a new paperback, and a small hoagie. --68.83.xxx.xx |
holding property (by Louise [PA]) Posted on: Dec 11, 2011 4:57 AM
Message:
Thank you so much Steve and Proofestyle for the advice. I really appreciate hearing how others handle this. I've never quite been in this situation before.
--50.29.xxx.xxx |
holding property (by Louise [PA]) Posted on: Dec 11, 2011 9:51 AM
Message:
Our soon to be locked out tenant has called here twice so far today- wants me to call her, says she is in the process of moving "most" of her stuff out and acknowledged tommorrow as the "technical" day of the lock-out. Obviously looking for more time- didn't say anything about the $1,500 she owes....
--50.29.xxx.xxx |
holding property (by Steve [MA]) Posted on: Dec 11, 2011 12:48 PM
Message:
Louise, unfortunately for this soon to be ex-tenant, today is Sunday & your office is closed except for true emergencies. She will have to deal with the constable tomorrow.
Isn't it amazing how a tenant never seems to have their LL's phone number when rent is due but always manage to find it when THEY Want something! --151.203.xxx.xx |
Reply:
|
|