The Ins and Outs of Evicting Tenants

In situations where a tenant has not paid, or is otherwise a problem, landlords can remove them from their property through the eviction process. 

In fact, landlords must follow the law in evicting tenants; they cannot simply change the locks on their property and throw their tenants’ possessions on the street. 

Such “self-help evictions” are illegal in Pennsylvania, and landlords who do this can face severe legal consequences. Since eviction is a technical process, it is best to get help from an attorney from the beginning.

The first step to any eviction is notifying the tenant in writing of the reason for eviction by either personally handing the notice to the tenant, or posting it conspicuously on the leased premises. This notice may not be required if the tenant agreed not to receive it under a written lease agreement. 

After notifying the tenant, the landlord must wait a number of days to begin the eviction process. Unless there is a written lease that contains a shorter notification period, this waiting period can last for 15 days, 30 days, or even longer depending on a number of factors.

If, at the end of the waiting period, the tenant has not fixed whatever problems upset the landlord in the first place, the landlord can start eviction proceedings by filing a complaint with the local Magisterial District Court and sending the tenant a notice to vacate the leased premises. 

The complaint asks the court for possession of the premises, along with any money the tenant owes. Once the complaint has been filed, the court will set a hearing date, usually one to two weeks after the date of filing.

At the hearing, both the landlord and tenant can present their case, under oath, using whatever evidence or witness testimony they need to prove their argument. The magisterial district judge will then decide whether the landlord is entitled to possession, and deal with any claims for money.  Either side has a right to appeal this decision within thirty days.

Assuming the magisterial district judge sides with the landlord, the landlord must wait 11 days before filing and serving an order of possession. The tenant then has 10 days to vacate the premises.  

Finally, on the 11 day, the landlord can change the locks and evict the tenant with the help of a sheriff or constable. 

In the end, eviction takes about six weeks from filing the complaint to changing the locks and removing the tenant. 

This article is intended as a discussion of legal topics that are often confusing to many laypeople—it is not, and should not be relied on, as legal advice. Attorney Jesse White is licensed to practice solely in Pennsylvania and any information discussed relates solely to Pennsylvania law. The hiring of a lawyer is an important decision that should only be made after careful consideration. For more information contact The Law Office of Jesse White in Cecil Township at 724-743-4444 for or visit www.jessewhitelaw.com.