 Process for Eviction PA (by Randal [PA]) Jul 23, 2015 5:51 AM
 Process for Eviction PA (by Nicole [PA]) Jul 23, 2015 6:34 AM
Process for Eviction PA (by Randal [PA]) Jul 23, 2015 6:40 AM
Process for Eviction PA (by Nicole [PA]) Jul 23, 2015 9:16 AM
Process for Eviction PA (by Randal [PA]) Jul 23, 2015 9:20 AM
Process for Eviction PA (by Nicole [PA]) Jul 23, 2015 10:04 AM
Process for Eviction PA (by Robert,Ontario,Can [ON]) Jul 23, 2015 11:20 AM
Process for Eviction PA (by Elena [PA]) Jul 23, 2015 11:22 AM
Process for Eviction PA (by don [PA]) Jul 23, 2015 12:41 PM
Process for Eviction PA (by Randal [PA]) Posted on: Jul 23, 2015 5:51 AM
Message:
State Specific Question About: PENNSYLVANIA (PA)
I would be grateful for help here...
After 15 years landlording I have to do my first actual eviction.
I am doing it 'myself' and need help with the process. I filed the 'landlord tenant complaint' with district justice and my hearing is today. Assuming it rules in my favor (nonpayment of rent), what is my next step???
I believe I have to wait some certain amount of time then file something to have the sheriff/constable force them out. Is that correct?
Thank you.
--98.114.xxx.xx |
Process for Eviction PA (by Nicole [PA]) Posted on: Jul 23, 2015 6:34 AM
Message:
Get the magistrate to give you the exact day ... should be August 3 by my calculation.
then if the tenants aren't out, you go back and file for possession. constable goes again and that gives them 10 more days, the 13th or he will lock them out. --72.70.xxx.xxx |
Process for Eviction PA (by Randal [PA]) Posted on: Jul 23, 2015 6:40 AM
Message:
So will the judge give them the date (Aug 3) and say "get out by then?" What form do I use to file for possession? The clerks are touchy about helping at all, i.e. "giving legal advice." Thanks. --98.114.xxx.xx |
Process for Eviction PA (by Nicole [PA]) Posted on: Jul 23, 2015 9:16 AM
Message:
sometimes the magistrate will say 10 days - ask for the specific date if he/she doesn't give it. he will tell them that's the date you can file for possession - I don't think they tell them to get out - although that's certainly implied.
you go back to the magistrate and they fill out the Request for Order of Possession for you. I'm impatient and my magistrte's staff knows me so I call and they have it ready when I get there ... doubt if they'd do it ahead of time if they don't know you but it only takes them a few minutes to prepare. can't remember so I'm not positive but you "may" need to take your judgment with you. cost is around $115 --72.70.xxx.xxx |
Process for Eviction PA (by Randal [PA]) Posted on: Jul 23, 2015 9:20 AM
Message:
Thanks Nicole. So does filing the Order for Possession automatically schedule the Sheriff/Constable to come out on that date and kick them out? Do I have to contact the Constable to schedule? Can I change the locks then? Thanks again... This first time through is daunting... --98.114.xxx.xx |
Process for Eviction PA (by Nicole [PA]) Posted on: Jul 23, 2015 10:04 AM
Message:
the magistrate gives it to the constable. In my offices, I get there first thing in the morning. then when the constable comes in, it's ready that day for him. If you want a specific day or time of day (I like 8:00 a.m.) you tell them and they'll pass the message onto him.
You change the locks on the day the constable schedules the lock out - 10 days from the date he posts the property for possession.
WORK with your tenant to get them & their stuff out. some will say don't talk to them since it's in the court system but if you don't, you have no idea what's going on and will sit & twiddle your thumbs. You want them and their stuff gone as quickly and as easily as possible. You want them gone and to sign a document stating they and their stuff are gone and possession is returned to you. Otherwise, you wait for the lock out and if there still are worldly possessions inside, you must then wait minimum another 10 days ... your goal is to get your property back in decent condition and that means working with the tenant and being respectful (no matter how frustrated you get). --72.70.xxx.xxx |
Process for Eviction PA (by Robert,Ontario,Can [ON]) Posted on: Jul 23, 2015 11:20 AM
Message:
It sometimes to get advise from a landlords association where there are listings on this site or google to find one near the rental. Always make sure there are no mistakes on the paperwork like spelling, arrears and address or it could be thrown out. --74.220.xxx.xxx |
Process for Eviction PA (by Elena [PA]) Posted on: Jul 23, 2015 11:22 AM
Message:
Hi Randal, I just want to support you and wish you good luck! I have done an eviction in the past, once. It was a smooth process. If I had to give someone advice, it would be: have all your paperwork in order, dress simply and respectfully, nothing flashy. Only speak when spoken to by the judge. Do not display hurt emotions. Good luck! --98.114.xxx.xxx |
Process for Eviction PA (by don [PA]) Posted on: Jul 23, 2015 12:41 PM
Message:
Whatever date you are given possession, you must wait ten day before you file the first writ. On the 11th day, you go in and file. If the tenth day fell on weekend or holiday, you must wait until the next business day. The sheriff will serve the writ. Then, you must wait 11 more days from the date of service. On the twelfth day you go to the sheriff and file the second, or "alias", writ. Same rule if the eleventh day fell on a weekend or holiday. When the sheriff serves the second writ, he actually throws them out.
NOTE: When you are in these waiting periods, check on the house frequently. If the tenants have any sense, they will not wait to get thrown out and will leave on their own. Often, they leave the place unsecured and at risk for vandalism or squatting. If the place looks empty, secure it, but let the sheriff proceed to formally evict also. --73.141.xxx.xxx |
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