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15 days
by Toni (Pa)
on July 10, 2012 @03:16
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I have a T who refuses to pay rent & refuses to move out. I filed an eviction & was granted possession of my property after a 15 day wait. Does that mean that after 15 days I can enter the property, change locks, do a security check, begin cleaning for a new T?
What if the present trouble T still has not moved their things off the property? Do I have the right to trash such?
What do I do after the 15 day wait order?
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Re: 15 days
by Katiekate (New York)
on July 10, 2012 @07:21
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What it means is that you go get a Marshall or the Sheriff and they remove the tenant, post the property while you change the locks. Further, if you make arrangements in advance, you pay for a truck and movers and you get the stuff out and into storage.
I recommend you move the tenant out on the spot. You do not need the hassle and possible real trouble of a tenant that comes back after the sheriff is gone and breaks in.
Do not try to remove the tenant...you get an officer to execute the eviction order. Go to the sheriff now and get it scheduled.
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Pennsylvania Termination Notices
by NY-LL
on July 10, 2012 @09:15
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Pennsylvania landlords who wish to evict their tenants must complete a multi-step process. In cases where there is a lease with a specific expiration, landlords may only evict tenants for certain reasons. Regardless of the terms of the lease, landlords must go through the proper steps of the eviction process or risk penalties.
Available Pennsylvania Termination Notices Before beginning eviction proceedings, Pennsylvania landlords need to give notice to a tenant to move out. The most common reasons a landlord may give notice is when a tenant's lease expires (or if there is no specified expiration), when a tenant violates a condition of the lease, or when a tenant is past due on rent. Please note that notice requirements regarding mobile homes may vary from those listed here.
Notice must be given a minimum number of days before the tenant is to leave. There are different notice periods depending on the circumstances of the tenancy (68 Pa. Cons. Stat. Ann. Section 250.501): 10-Day Notice: In cases where the tenant will not pay owed rent after it is demanded by the landlord. For any other reasons not related to past due rent, a landlord may give one of the following notices: 15-Day Notice: In cases where the lease is for one year or less or for an unspecified amount of time. 30-Day Notice: In cases where the lease is for more than one year.
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Pennsylvania Order for Possession
by NY-LL
on July 10, 2012 @09:16
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Pennsylvania Order for Possession - If the landlord wins a judgement for possession, which means the tenant must move, the landlord can then enforce the judgement. This means that no sooner than fifteen (15) days after the District Justice makes his decision and enters the judgement for possession, the landlord can have the constable give the tenant an "Order for Possession". This Order for Possession is a notice telling the tenant that unless the tenant is out of the property by a date set on the notice (no sooner than fifteen (15) days after the date the tenant receives the notice) the Constable or Sheriff can forcibly set the tenant and his/her belongings out of the house or apartment. This is a total of at least thirty (30) days after the judgement for possession was entered.
If the Constable has to forcibly evict the tenant, and the tenant has not arranged for a place for his/her furniture and belongings, the Sheriff or Constable can store the furniture and belongings at a storage company at the tenant's expense. A tenant must pay any storage bill before getting his/her furniture and belongings back. If the tenant does not pay the storage bill or make arrangements regarding the furniture and belongings, they may be sold by the storage company to pay the storage bill.
THE LANDLORD MAY NOT HOLD THE TENANT'S FURNITURE OR PERSONAL BELONGINGS OR SELL THEM TO PAY BACK RENT.
If the tenant wants to appeal the District Justice's decision, the appeal must be filed within thirty (30) days after the judgement for possession has been entered by the District Justice. It is then possible to stop the eviction until after the appeal is heard in the Court of Common Pleas, although it may be necessary to post a bond unless the Court gives permission to waive the bond or to deposit rent instead of a bond. The process of appeal may take several months. http://tenant.net/Other_Areas/Penn/harris/pa-part5.html
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