How much power do local Magistrates have to modify or 'interpret' the law (68 Pa. Cons. Stat. Ann. § § 250.101 to 399.18). I was trying to evict a m-m tenant because my son needed the house. I gave Tenant one months notice. My local Magistrate said I can't evict for at least 60 days or 'after Christmas and new years' because of the hardship of moving just before the holidays'. Seems like they make up their own rules depending on their mood.

Now does the 60 days start from when I first asked the Tenant to leave? Or do I have to ask him to leave again and start counting days again? Magistrate just said goodbye and left.

That judge made that up, but it's not worth an appeal. Serve him 60 day notice tomorrow with a constable! (The 60 days is only because this judge is asking for it)

I give 60 days when asking someone to leave so I'm covered in case what happened to you were to happen to me. Makes zero sense with a m2m.

That notice will start Dec 1st. If he isn't out at the end of January file immediately. Take a copy of the notice and a receipt from the constable.

If you ask, the constable may take pics of the posting and possibly the tenant reading the notice and send to you. Mine does when I ask him to.

After being sure that you know the statutes involved, you have two choices. One is to appeal to the next judicial level. Another is what I did-- sort of blind luck. Magistrates are appointed in NC. Shortly the magistrate ruling in my case, 100% opposite from the statute-- the facts were not in dispute-- a newspaper article appeared about a group opposed to his upcoming reappointment based on his handling of arrested drunk drivers-- he was just turning all of them loose immediately without bail. I contacted the group and their leader, a retired attorney, told me who to contact-- 3 different people. The magistrate was not reappointed AND the court system on their own reopened my case and ruled in my favor.

First of all, you're not evicting. It's a month-to-month so you're giving notice of non-renewal and letting it expire naturally.

But, now that a Magistrate is involved, that may mean either way, you're going to court. No matter what the law, you already know they're going to side with the tenant.

If it were me, I'd just give notice now that lease expires Jan 31. If you send it now, it can serve as record of 60 day notice.

Yes this is a pro tenant magistrate. During the winter months 30 day notice and during the summer months 15 day notice. OR the lease can cancel out the days for notice. However this magistrate is a pro-tenant and you need to have all your I's dotted and T's crossed. You need to make sure you have all your paperwork/paper trails in place with tenants. Also get a copy of the PA landlord tenant law and read it.

I don't want to make anyone thinks this will work, because most of the time it's a waste of time. The judge in one of my eviction cases stated a new rule passed by the City Counsel that in hardship cases, I could not evict families during holidays.

I asked the Bozo, I mean judge, "are you telling me the tenant can live in my income property RENT FREE, or just not evict them during a major holiday"?

The judge replied that he wasn't sure? I then stated that if your interpretation is I can't evict until after Christmas and New Years, then set a "LOCK OUT DATE for the SHERIFF" after that period and issue me a JUDGEMENT for all due BACK RENT.

The judge thought that he couldn't do that, that I had to bring a second action to collect back due rent. My attorney showed the judge his legal powers and ability to issue orders contingent on the tenants performance or lack there of.

The tenant and their free legal aid stated that the tenant was "unsure" when they could be out and my need an extra 90 days, beyond not paying rent for the last two months.

So I asked the judge if he could modify my property tax so I can take the lost rent money out of my taxes that help pay for the police, fire and schools. The judge was mad at me, I have a responsibility to the community to pay my fair share of the taxes. So judge you are saying landlords have to pay their bills but tenants aren't required to pay rent?

Judges have to follow the law, especially lower court judges don't get to make the law, though superior court judges sometimes try. One way to ensure this is to remind them of the actual statutes, if not posting the actual law text in your various written pleadings.

The key in my limited experience is not to give the judge any leeway. State the law, state the violation, state the remedy desired. If they go changing law on their own I would object and remind them of the law as ask why they are not adhering to it. If denied I would inform the judge of intent to appeal based upon his illegal ruling.

Judges are tenants to. Idiots as they may be. Our stand in judge said in open court-- I know what the law says but I don't think that's what it means........ I was put in jail for 3 days because I put a women's stuff in storage that had been in the front yard due to sheriff eviction until she got out of jail. She went a swore out a warrant for me stealing her stuff.

Local magistrates do makeup their own rules, no they are not allowed but very little you can do about it.

In your case, you are not renewing a month to month lease, after the non-renewal period is up you start eviction process if the tenant has not moved. The Landlord Tenant Act of 1951 provides the notice of non-renewal of a month to month as 15 days during the summer and 30 days during the winter. Most magistrates will require you to provide 30 day notice of non-renewal to be issued prior to the beginning of the payment period and they enforce that 30 days all year round.

Philly tends to be a little more tenant friendly and may have passed laws that require 60 days. Some smaller fiefdoms may also have passed laws requiring 60 day notice but they would be in violation of state law as they do not have the power to pass those kinds of laws.