Bucks County Tenant Eviction Lawyer
The rights of a residential tenant are well defined by the Pennsylvania Landlord-Tenant Act of 1951. The eviction process can sometimes be painful and drawn out if the tenant decides to be difficult. Landlords must follow the Landlord-Tenant Act to the letter in order to properly evict a tenant and avoid any legal repercussions stemming from an eviction. If you are a Bucks County landlord and need help evicting a problem tenant, you will need counsel that specializes in landlord rights and Tenant Evictions. The Law Offices of Greg Prosmushkin, P.C. can help.
What Are Ground For Eviction?
You will need proper legal grounds in order to Evict a Tenant. The Landlord-Tenant Act is clear that a landlord may evict a tenant based on the following grounds:
- Nonpayment of rent.
- Expiration of the lease, or holdover tenancy.
- Significant breach of lease provisions.
- If the tenant is engaged in criminal activity on the rented premises.
It is important to contact counsel to discuss your options if you have grounds to evict a tenant. Self-help, such as changing the locks, is unlawful, and can subject you to serious legal consequences. You must follow the appropriate legal procedures which govern evictions.
The following steps must be followed by a landlord in order to lawfully evict a tenant.
- Notice: A landlord who desires to evict a tenant must provide the tenant with requisite notice in the statutorily appropriate timeframe that the landlord intends to evict the tenant.
- File Complaint: Once the notice period has expired, and the tenant has not vacated, a complaint must be filed with the District Court where the property is located.
- Hearing scheduled: After the complaint is served on the tenant, the court will schedule a hearing. At the hearing, the judge will hear evidence from both sides and make a decision regarding the Eviction.
- Appeal: There is a ten day appeal period after the decision is reached by the judge.
- Writ of Possession: If the tenant remains on the property despite a favorable judgment for the landlord, a Writ of Possession must be filed with the sheriff’s office, after which the sheriff will post a notice directing the tenant to vacate the property.
- Alias Writ: The tenant is given ten days to vacate. If the tenant remains after the ten days has elapsed, the landlord will file an Alias Writ and a lockout will be scheduled by the sheriff.
- Lockout: If the tenant still remains, the sheriff will forcibly enter the property and remove the tenant.
If these steps are not followed, you as a landlord can be subject to serious legal repercussions. The tenant would have grounds to sue for an unlawful eviction and receive damages from you. It is important to consult an attorney when you need to evict a problem tenant and protect yourself from any problems that might arise. The Law Offices of Greg Prosmushkin, P.C. will assist you in the eviction process and appear in court for you when necessary. Call to schedule a free consultation. You can also reach us via Email, and we will respond promptly.
This content was written on behalf of Greg Prosmushkin.