Some tenants are unable to pay rent on time or may even miss payments entirely. Some tenants cause damage to the property or engage illegally in activities.
You will want to remove the tenants who are causing you problems, but in Philadelphia, the process can be very complex. If you do not follow the law, you will be penalized. Many landlords will hire an attorney to ensure that the eviction is done correctly.
What are the grounds for eviction of tenants?
Landlords cannot evict tenants without cause or due to discrimination. Landlords must provide evidence that the tenant has not paid rent, is in a hold-over tenancy or has violated the terms of the lease.
You can start the eviction procedure if a tenant has violated these grounds. You should not evict a tenant by changing locks or shutting off utilities. You will only be hurt in the end when you try to get them off your land.
The Eviction Process: Steps
These are the steps that you should take when you carry out an eviction in accordance with the law:
Give Notice
You must provide an eviction notice to your tenants. It lets tenants know they are being sued. The notice must contain the date of eviction, as well as your name or the leasing company, tenant’s names, property addresses, and the reason behind the eviction. It is not enough to tell your tenant that you want them out of their apartment by the end of next week.
File Suit
You should file a formal complaint if the tenant does not leave the property by the date specified in your written eviction letter. A lawyer is a good idea because of the complexities involved in this process.
Hearing
The court will hold an appearance where both you and the tenant are required to appear. The court may impose default judgment if the tenant does not appear. The same default judgment will apply to you if you do not show up.
Resolution
You and your tenant will then have to decide whether you want to try a solution through mediation, negotiation or a contest. If you and your tenant disagree, the default is a contest. This will take this to court. Any agreement made in court is binding. The eviction will proceed if the tenant does not adhere to the result.
Contest
If you decide to go to trial and mediation fails or if either party breaches the agreement made in court, then a contest is the next step. If the tenant does not agree to leave within a certain period of time, then they have 10 days in which to appeal, if you are successful at trial.
Sheriff Involvement
Your attorney will notify the sheriff’s office if your tenant remains on the property following the court judgment and the expiration of your window of appeals. A writ for possession is then filed. The sheriff will then post a notice for the tenant to leave the property. Once this notice is posted, the tenant has 10 days more to leave.
Your lawyer will file a alias writ after the 11th day if they don’t leave. The sheriff will schedule a lockout. If necessary, they will use force to force the tenant from the property. They then lock out the tenant.
How a lawyer can help you evict a tenant in Philadelphia
Renters must adhere to the rules. You have the right to evict a tenant if they do not follow the rules. You can ensure you are doing everything correctly by hiring a landlord-tenant lawyer. You will be able remove a tenant from your property if they have violated the property laws.