PA Eviction Process

[leeleeblue]

What is the name of your state? Pennsylvania

My sister in law was served with eviction papers today by the landlord (from court) but did not receive a notice to vacate from the landlord (although the landlord stated on the court papers that he followed the law with a notice to quit).

What is the actual procedure? We've called a few lawyers and are waiting for call backs with answers to our questions but they seem to be very busy .

There is already a date scheduled for her (12/13) but she did not receive any notice with a date to vacate prior to the landlord going to file the case. Is this legal? Will the case be thrown out? Will the landlord have to start over with a new hearing date after he serves the proper notice? How long is the notice? 30 days or 15 days? I read somewhere that after a certain date 9winter months), a month to month lease requires at least a 30 day notice to vacate before proceedings in court can be filed.

Thank you

 

[leeleeblue]

I found this in the Landlord Tenant Handbook. Is it accurate?



The Eviction Notice - The landlord must give the tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to leave. NOTE: A written lease may provide for giving up the right to receive this eviction notice. The eviction notice must be personally delivered to the tenant or posted on the dwelling. An eviction notice, sent by mail is probably not enforceable. A written lease may state how many days notice must be given by the landlord before the landlord can evict. It the lease does not state how much notice is required, the general rule is as follows: If the term has ended, or it the landlord claims the tenant has breached the lease, the landlord must give the tenant thirty (30) days notice if the lease is for less than one year (this is usually month-to-month), and ninety (90) days notice if the lease is one year or more. If the tenant is behind in the rent and has an oral lease with the landlord, the landlord needs to give only fifteen (15) days notice between April 1st and September 1st, but thirty (30) days notice between September 1st and April 1st. It the tenant is not out of the property by the end of the eviction notice, the landlord must follow the procedure through the District Justice's office as set forth in paragraphs 2, 3 and 4 below.

 

[leeleeblue]

Oh and she wanted me to state that there is mold growing in two rooms (kitchen and bathroom) that the landlord has refused to take care of. Does this have any bearing on her case?

 

[fairisfair]

no it doesn't

and we don't even know if your sister HAS a lease, or if it is still valid. How do you expect us to answer? As for not following proper procedure, yes if the landlord did not follow proper procedure, he could be forced to begin the procedure again.

 

[leeleeblue]

It is a month to month but not written lease. She had a paper one that expired in March 2005 and the landlord never gave them a new one and said it was not what he did. After the first year, he just lets the peoplestay on without a new written lease. He raised the rent this summer by $45.00, not in writing, just over the phone.

Does it make a difference without a lease? If it's oral does he still have to follow the procedure of writing a specific date of when to vacate, not just "Get out immediately" (which is what her letter says) then goes to court and files?

When you say:

he could be forced to begin the procedure again

does that mean that the judge can just go forward with the hearing without taking into consideration that he didn't do as the law states (but checked off the box that he did follow the law)? We are very confused by this and still waiting for answers from lawyers.

Excuse me for asking so many questions and pretty much rambling, but she has 3 small children and literally no where to go.

 

[seniorjudge]

Q: does that mean that the judge can just go forward with the hearing without taking into consideration that he didn't do as the law states (but checked off the box that he did follow the law)?

A: When you get to the hearing in this lawsuit, you tell your side of the story.