Attorneys at Law

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Be informed.

When Can Your Landlord Evict You?

Both landlords and renters need to know Pennsylvania landlord tenant law because these laws impose both rights and obligations. The laws mandate that landlords meet basic minimum standards in terms of providing a safe place for renters and in terms of providing renters with notice when they need to leave. Tenants are also required to fulfill certain obligations, including paying rent on time to landlords. 

One of the most important issues addressed by landlord/tenant law relates to eviction. For a renter, being evicted can be a major life upheaval as moving can be costly, complicated, and expensive. For a landlord, on the other hand, there can be a significant loss of income if a tenant is not paying rent and there may be many other problems if the tenant is not following the rules of the lease. The ability to evict a tenant in a timely manner is critical for effective operations and for ensuring that the management of a property goes smoothly.

Both landlords and tenants may wish to get legal advice during the eviction process in order to understand what their rights are and what their obligations are. Curley & Rothman, LLC provides invaluable guidance during the eviction process by helping landlords to follow the proper protocols and by helping tenants to understand what happens if an eviction proceeds unlawfully.  To learn more about the legal assistance we offer and about how we can help with all issues related to Pennsylvania landlord tenant law, give us a call today.

When Can Your Landlord Evict You From Your Apartment?

According to PA landlord tenant laws, there are only three circumstances under which a landlord may lawfully evict a tenant. These circumstances include:

  • When the lease term is over and the time period the tenant has rented the property for has passed.
  • When the tenant has fallen behind on making rent payments.
  • When the tenant has broken or breached any of the clauses within the lease.

A landlord has to provide written notice both of the reason that the eviction is occurring as well as written notice of the specific reason for the eviction. The notice has to be personally delivered to the tenant or it must be posted on the dwelling from which the tenant is being evicted. If the written notice is sent via mail, it may not be enforceable.

If the eviction is occurring because the term of the lease has ended or because of a claim that the lease has been breached, the tenant must be provided with at least 30 days notice of the eviction. If the tenant is being evicted for not paying the rent, then the tenant has to be given at least 10 days notice. However, a written lease could alter the requirements regarding the notice which must be given for eviction.

If a tenant does not leave, the landlord will need to go to court and get a court order. The District Judge may enter judgment for the landlord if the landlord can prove that the proper procedures were followed to evict the tenant.  If the tenant does not leave, the landlord can have an order of possession given to the tenant by a constable.

An order of possession is a notice informing the tenant that he must be out of the property by a set date. The date must be at least 15 days from the time that the tenant receives notice.  If the tenant fails to leave by that date, the landlord can forcibly remove the tenant and the tenant's belongings from the apartment.  The forcible removal must occur at least 30 days from the time the judgment for possession was initially entered.

How a Conshohocken Landlord Tenant Law Attorney Can Help

It is clear that the eviction process is not as simple as locking the doors when a tenant doesn't pay the rent or when a tenant violates lease terms. You need to understand what is required as a landlord and what your rights (and obligations) are as a tenant. Curley & Rothman, LLC can help both renters and landlords to understand PA laws and to makes sure they are doing everything possible to protect themselves during the eviction process.

If you have any questions about the eviction process, if you are evicting a tenant, or if you are concerned about the possibility of being evicted, give us a call at 610-834-8819 or contact us today to schedule your consultation and learn more about how we can help.

Real EstateScott Rothman