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False PFA to circumvent tenants rights.

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Starkoneus

New member
What is the name of your state? Pennsylvania

(Several issues detailed within)

I had, for the last 2 years lived with my mother in a non leased living arrangement. Our relationship deteriorated significantly culminating in her demanding that I vacate her home before she returned home from work one day. I informed her that as a tenant I have certain rights that she needed to be aware of before making any such demands, plainly informing her she needed to provide a formal notice of eviction. She declared that I was not a tenant, and continued to insist I be gone. While packing some of my items as cautionary measure, I discovered that she had (at some point) been in my living space and taken my two firearms, one of which she had in her bedside safe fully loaded. Given her history of mental illness, I contacted the police aid in returning the stolen handgun (it was not considered legally stolen by the officers), and to make sure it stayed out of her hands I voluntarily turned it over to the police to reclaim it at a later point once I had gone. They didn't ask or insist I turn over the second weapon, a hunting shotgun, but asked that I surrender the ammunition, which I did voluntarily. By the end of the evening, without any further interaction between us, there were another two officers there serving me with a PFA from her claiming I had been sending her threats via text message (which is provably false). My unusable shotgun was confiscated, and I was evicted on an emergency temporary basis within about 20mins of having been given this information leaving myself, my girlfriend and our dog homeless. During our absence, she changed the locks, and went through my personal property, relocating it from our room space into the living room.

My questions are:
Can I file a criminal complaint against her for the false PFA?
If the PFA is proven false at the hearing in October, is she guilty of perjury?
Even without a written lease, is she open to civil suit for improper eviction procedure, unlawful barring from the property, and tampering with my personal items?
Given that we have no written agreement, and she had been purposely hiding the extra income I was providing her by not putting the money in the bank (for tax evasion purposes), can it still be determined that we had a landlord/tenant arrangement?
 


reenzz

Member
How much rent did you pay for yourself, girlfriend and dog? Did you also pay for food and utilities? Do you have receipts for what you paid?
 

Starkoneus

New member
We paid half of the mortgage and all utilities, and contributed no less than $500 per month food expenses. We did not keep receipts of either the payments made or groceries purchased.
 

HRZ

Senior Member
At least as far as I understand being a LL in PA you most certainly are a tenant and entitled to due process in an eviction matter.

Mom may have played a dirty hand as to the emergency PFA ...but it's up to you to defend your point of view at the upcoming hearing .

I don't see any criminal complaints or purgery cards at all. And it's not clear who evicted you or if you were merely removed to keep the peace.

My lay view as a LL in PA is 90 seconds AFTER a PFA gets lifted you are entitled to return to your dwelling place ....until such time as Mom gets the step in eviction right . WHether it's worth the battle is another story and you might be smarter to just move on with your life .

IF you want decent odds at PFA being dropped and your weapons returned I would strongly advise you to use counsel at the upcoming hearing .

It's not entirely rare that a PFA is used to get rid on an unwanted tenant ....and given the emotional situation I strongly advise counsel so you are focused on the points that count in that forum for that matter.
 

Starkoneus

New member
I appreciate your taking the time to provide your perspective on this.

I'd be quite content to put the entirety of the matter behind me, now that I have my personal effects back (minus the firearms as I am not permitted them until the PFA is contested) and am living elsewhere, but she seems insistent on following through with it.
 

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