Pennsylvania is a landlord-friendly state. Landlords have the right to evict tenants for a number of reasons. Not only do all landlords have this right, but the process is also relatively simple.
However, it is important you follow all procedural rules the law requires. Otherwise, you could lose your right to evict. When that happens, you might be left with an unwanted tenant for several more months.
Tenant Rights Philadelphia
A Philadelphia landlord tenant lawyer can help ensure you follow the proper steps, and advise you of the many rights granted to you by law.
Right to Evict
Under the Landlord-Tenant Act of 1951, a landlord has the right to evict a tenant for a number of reasons. Failure to pay rent is the most common reason landlords try to evict tenants. In Pennsylvania, rent is considered late when it is not received 10 days after the due date. Landlords have the right to serve an eviction notice that day.
Breach of lease is another very common reason for eviction. Breach of lease occurs when a tenant has violated one of the terms of the lease. For example, if the tenant got a dog while the lease clearly outlines a no pet rule, that is a breach of lease.
Additionally, if the rental term is over and the tenant has not yet moved out, landlords have the right to evict.
Beyond these common reasons, landlords may also initiate eviction for other causes recognized under Pennsylvania law. These can include illegal activities conducted on the premises, such as drug-related offenses or criminal behavior that threatens the safety of other tenants or the property.
Moreover, landlords can evict tenants who cause significant damage to the property or disturb the peace and quiet enjoyment of other occupants.
It is important for landlords to document any breaches or issues thoroughly, as this evidence will be crucial if the eviction case proceeds to court. Proper notice must always be given according to the law, and landlords should ensure they follow all procedural requirements to avoid delays or dismissal of their eviction claims.
Understanding the specific grounds for eviction and adhering to the legal process helps protect landlords’ rights while ensuring tenants are treated fairly under the law.
Timelines to Evict
Landlords also have a right to demand tenants vacate the property within a certain amount of time. When a tenant has not paid their rent, landlords can serve a 10-day eviction notice. When serving an eviction notice for any other reason, landlords have the right to serve a 15-day eviction notice, if the lease is for less than one year. If the lease is longer than one year, landlords retain the right to serve a 30-day notice of eviction.
Landlords can serve an eviction notice in any manner they choose. There are no specific forms to fill out. When sending an eviction notice, you must hand deliver it to the tenant, or post the notice on their residence. Do not send eviction notices through the mail. This will void the notice, and you will have to start the process all over again.
The timelines provided in these eviction notices are designed to give tenants a reasonable opportunity to either pay overdue rent, correct the breach of lease, or prepare to move out. It is crucial for landlords to adhere strictly to these timelines to ensure the eviction process is legally valid. Failure to comply with the timing requirements can result in delays or dismissal of the eviction case.
Additionally, tenants who receive an eviction notice have the right to contest it in court. This means they can present defenses such as proof of rent payment, disputes over lease terms, or claims of landlord violations. Understanding these timelines helps landlords plan their next steps and anticipate possible tenant responses.
The Right to a Hearing
After you serve the eviction notice, you have the right to a hearing. During this hearing, you will argue your case to the District Justice as to why you want to evict the tenant. Keep in mind that although you have the right to this hearing, your tenant does, too.
Their presence will be requested at the hearing and they can also make arguments as to why they should not be evicted. Most of the time when cases get this far, judgements are awarded in favor of the landlord.
If the tenant does not appear at the hearing, you will automatically win the case by default. After winning the hearing, you then have a right to force the tenant to evict.
The hearing is a critical step in the eviction process, providing both parties the opportunity to present evidence and make their case. Landlords should come prepared with all relevant documentation, including the lease agreement, records of unpaid rent, and any notices served. Tenants may also bring evidence or witnesses to support their defense.
It is important to note that the District Justice acts as a neutral party, carefully reviewing the facts before making a decision. While landlords often prevail in these hearings, tenants have the right to legal representation and to appeal the decision if they believe it was unjust.
Understanding the hearing process and preparing adequately can help landlords navigate this stage efficiently and increase the likelihood of a favorable outcome.
Right to Dispose of Abandoned Property
It is not uncommon for tenants to leave personal belongings behind after being evicted. Sometimes they are in a hurry and do not have time to arrange proper transportation for the items. Other times, the items may be in disrepair and the tenant does not feel it is worth it to move them. In either case, the landlord has the right to dispose of or move the property, but the landlord must take the proper steps.
- First, you must contact the tenant telling them personal property was left behind. When you contact them, you must leave your own contact information.
- Upon receiving the notice, the tenant has 10 days to contact the landlord. If the tenant does not reply within 10 days, you have the right to dispose of the items and all responsibility associated with them.
- If the tenant replies within that 10-day period, you must allow them 30 days to retrieve the items.
- However, after the first 10 days, you have the right to move their belongings into storage. You also have the right to charge the tenant any fees you incurred as a result of that storage.
Right to a Security Deposit
Landlords have the right to collect a security deposit from tenants when they move in. This amount cannot be any more than two month’s worth of rent for the first year of renting.
Upon evicting a tenant, landlords have the right to keep that security deposit for a number of reasons. If the tenant still had unpaid rent at the time of their eviction, you can keep their security deposit. If the tenant breached a provision outlined in the lease, you also have the right to keep their security deposit.
Lastly, if there is damage in excess of normal wear and tear inside the rental unit, you can keep the security deposit to help pay for the repairs.
It is important that you understand when you can refuse to return a security deposit, and when you cannot. If you wrongfully keep a security deposit, the tenant can sue you for twice the amount of the deposit owed.
Right to Remove the Tenant in Philadelphia
Sometimes, even after the courts have issued a judgement in your favor, the tenant still will not leave. When this is the case, you have the right to get law enforcement involved. You can file a Writ of Possession 10 days after the date the tenant was obligated to leave the premises.
Law enforcement officers will enforce the writ and remove the tenant from the rental unit. After that, the locks should be changed to prevent the tenant from trespassing.
It is important to understand that landlords must never attempt to forcibly remove tenants themselves, such as changing locks, shutting off utilities, or removing tenant belongings without a court order. Such actions are illegal “self-help” evictions and can result in legal penalties against the landlord.
The Writ of Possession is a legal document issued by the court that authorizes law enforcement to physically remove the tenant and their belongings if they refuse to vacate voluntarily. This process ensures that tenant rights are respected while allowing landlords to regain possession of their property lawfully.
Landlord Tenant Issues
Once the tenant has been removed, landlords should document the condition of the rental unit and secure the property immediately. Changing the locks promptly helps prevent unauthorized re-entry, protecting the landlord’s interests.
If the tenant leaves personal belongings behind, landlords must follow specific procedures for handling abandoned property, including notifying the tenant and allowing time for retrieval, to avoid liability.
Landlords should seek legal advice or assistance from experienced eviction attorneys to navigate this process correctly and avoid costly mistakes.
Need Help Evicting a Tenant? Call the Pennsylvania Eviction Lawyer
It is true that Philadelphia is landlord-friendly. As a landlord, you have many rights when tenants do not pay rent or breach part of their lease. However, there are still proper rules and procedures to follow when evicting a tenant. If you fail to follow them, it could damage your case.
If you need to evict a tenant, do not do it alone.
Call the Philadelphia eviction lawyers at Abramson & Denenberg, P.C. at 215-398-7066. We will help you every step of the way so you can get your rental unit back, and start making a profit from it once again.
Contact us today and learn more about how we can help you.
Tenant Union Representative Network
The Tenant Union Representative Network (TURN) is a vital resource for tenants in Philadelphia seeking support and advocacy. TURN believes that all tenants have a legal right to a safe and decent place to live. They work to empower renters, especially those most vulnerable, by providing tenant union organizing assistance and education on tenant rights.
TURN offers workshops, webinars, and direct support to help tenants understand their rights and navigate landlord tenant issues effectively. They also advocate for fair housing policies and better communication between tenants and landlords to reduce eviction stress and improve housing conditions.
Tenants can connect with TURN to gain access to community legal services, learn about housing code violations, and receive guidance on how to address unfair rental practices. TURN’s efforts contribute to building stronger tenant communities and ensuring that renters have a voice in Philadelphia’s housing landscape.