A residential landlord who seeks to evict a tenant from leased premises must follow certain steps and procedures outlined in the Pennsylvania Rules of Civil Procedure and comply with the terms of Pennsylvania’s Landlord and Tenant Act. A landlord is not permitted to perform a self help eviction except against a trespasser in possession. Thus, resort must be made to Pennsylvania Courts to secure possession of premises if a tenant refuses to vacate.
The quickest and most cost effective method for removing a tenant from residential real property requires a landlord to file a Landlord/Tenant Complaint in the applicable Magisterial District Court. The complaint must be filed in the proper District Court and must be served upon the tenant in compliance with the rules of court. Once service of the complaint is properly effectuated on a tenant, a hearing date is set before the Magisterial District Judge.
If the Landlord prevails before the Magisterial District Judge, a judgment for possession will be entered. Thereafter, a Tenant has a limited amount of time to appeal the judgment to the Court of Common Pleas and if the Tenant elects to do so it must pay the monthly rent into court if the Tenant wishes to remain in possession during the pendency of the appeal.
The process for removing a Tenant from residential real property contains numerous procedural pitfalls that can further delay an already time consuming and expensive process. As a result careful attention must be given to assure the eviction is effectuated in compliance with all applicable legal and procedural requirements.
For more information, contact Christopher Turner.
