Eviction Process In Philadelphia: Prior To The Eviction Hearing
Landlord-Tenant Attorney Representing Landlords In The Eviction Process
Kenneth L. Baritz & Associates, P.C., in Philadelphia welcomes inquiries from landlords in need of legal counsel and representation in eviction proceedings. When nonpayment of rent is a problem, we are often able to help resolve landlord-tenant disputes efficiently out of court. When eviction is unavoidable, however, we are prepared to take action quickly and efficiently.
Our experienced Pennsylvania landlord-tenant lawyers are prepared to assist you, the landlord, through all phases and legal aspects of the eviction process as described below. Contact us to schedule a no-obligation consultation, whether to plan for future needs, or to get an eviction underway immediately.
Our lawyers are prepared to guide you with confidence and without delay through all aspects of the eviction process as follows:
Notice To Vacate
In order to initiate an eviction of a tenant in Philadelphia, a landlord is first required to give the tenant a written notice.
If the tenant has a written lease, there may be a clause in the lease stating precisely how much notice is required. If a tenant is being evicted for nonpayment of rent, unless otherwise specified in the lease, the landlord must give a 10-day written notice. However, sometimes the lease “waives,” or sets aside, the right to a notice. The same is true if there is a word of mouth (oral) lease agreement.
All tenants have a lease of some kind; if the lease is not in writing, the law assumes the tenant to have an oral lease, or a lease created by the action of the landlord and tenant: for example, the action of paying rent to live in a property.
Landlord Must File An Eviction Complaint In Court
After the time period in the written notice to vacate expires, the landlord must file an eviction complaint against the tenant in Landlord-Tenant Court. The Court will send a copy by U.S. mail to the tenant. The complaint will state the date and time the tenant must appear in court, as well as the reasons the landlord is asking for an eviction.
Kenneth L. Baritz & Associates, P.C., takes the matter confidently in hand on behalf of Pennsylvania landlords and ensures that evictions proceed smoothly and on schedule.
If a tenant is being evicted for any reason other than nonpayment of rent (such as termination of term and/or breach of the lease), and the lease does not say how much notice is required, the written notice must be 15 days if the lease is for one year or less; if the lease is for more than one year, 30 days written notice is required.
Service Of The Eviction Complaint
The law also requires that the landlord give a copy of the complaint directly to the tenant, or post a copy of the complaint at the leased premises. According to Philadelphia Municipal Court Rule 111(A) and (B)… the plaintiff has the option of serving statements of claims either:
By writ servers and first-class mail. The court shall serve the complaint by mailing a copy of it to the defendant by first-class mail and by delivering a copy of it for service to a writ server. The writ server receiving the copy shall serve it by handing it to the defendant or to an adult person in charge for the time being of the premises possession of which is sought to be recovered or, if none of the above is found, by posting it conspicuously on those premises; OR
By any competent adult in the manner prescribed in Chapter 400 of the Pennsylvania Rules of Civil Procedure.
Entrust your Philadelphia area eviction matters to Kenneth L. Baritz & Associates, P.C., to resolve nonpayment of rent and other infractions making eviction a necessary option. Call or email the law offices to schedule a free initial consultation regarding the eviction hearing and beyond. We are ready to help you initiate an eviction now.