can I start eviction before last date of tenancy?

can I start eviction before last date of tenancy? by Anonymous (PA) on April 22, 2014 @06:53

I have had a M2M tenant for a few years. My decision to not renew his lease was on the fact that I need his apartment for a family member. Based on what another tenant told me, he has no intention of moving on the last day of the month. He has lost his job and has no money to go anywhere. I have re-rented his unit starting on the first of the the next month. My lease has the T waive all notices which is allowed in this area. Can I start a formal eviction proceeding to make sure he's out by the end of the month or do I have to wait for him to be a hold over?

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Re: can I start eviction before last date of tenancy? by Nicole (PA) on April 22, 2014 @08:13	[ Reply ]

you have to wait. You shouldn't have rerented the place yet. On May 1 you file with the magistrate. Yuo have your hearaing in 7 to 15 days. After the hearing you have a 10 day wait period. You pay the constable and there is another 10 day wait before the constable grants you possession. if the tenant hasn't removed all their possessions and hasn't given you written notice, you have another 10 day wait ... you're looking at probably the second week of June to get the property back ... and that's IF you are proactive and are at the magistrate early in the morning on the first day of each step. about a year ago I needed to evict a tenant who had NO money. I knew she had no place to go and no place to put her stuff. I took her to the storage unit facility and we chose a unit... I paid for 6 weeks (wanted to pay one month but they didn't prorate). she was able to get her things moved and found sofas to sleep on. If I hadn't done that, I would hve had to wait the 10 days to remove her possessions and I would have had to pay someone to do so... paying the storage was cheaper and easier for me.

I just called the Magistrates office by Anonymous on April 22, 2014 @08:45	[ Reply ]

The clerk said that she has 7-15 days to enter an order for eviction. I asked her if I could file early and she enter it the day after the end of the lease (when he would then be a hold over) so I could save time and she said, "I suppose." hearing is within 7-15 days of filing. Judgement is given at hearing. T is given 10 days to leave, pay or appeal. on 11th day, if T is not out, pay another $130 for order of possession which then takes the constable 10 days to move T's stuff out and change the locks. UGH!

Re: I just called the Magistrates office

Re: can I start eviction before last date of tenancy? by OK-LL on April 22, 2014 @10:25	[ Reply ]

Can I have you arrested because you're thinking of committing a crime or tort? No, you have to wait for the deed to be done. You cannot evict your tenant because you heard a rumor he may become a holdover. He may stroke out and die, but you don't call the doctor before it happens.

Re: can I start eviction before last date of tenancy?

can I start eviction before last date of tenancy? - Landlord Forum thread 317791