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Wrongful Possession Of Property Ipc In Allegheny
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State:
Multi-State
County:
Allegheny
Control #:
US-000303
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Word;
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FAQ
Yes, even without a written lease, a landlord can evict a tenant in Pennsylvania as long as they follow the proper legal eviction process. This includes providing the required notice period and obtaining a court order for eviction from the local district court.
It varies, but generally 30 days. If a tenant just ``walks away'' from his rental, the landlord must store the possessions for 30 days in case the tenant returns and wants his things back. After that, they belong to the landlord to dispose of as he sees fit.
Timeline for Evictions StepAverage Timeline Filing and Serving the Complaint A few days to weeks Court Hearing and Judgment 7-10 days Obtaining a Writ of Possession 5-11 days Final Possession of Property 10 days1 more row •
An Eviction action is filed at the Magisterial District Court and is usually faster and less expensive than Ejectment.
You must file an answer if you wish to postpone or stop the eviction. If you do not file an answer, then the judge will likely rule in the landlord's favor. If you do file an answer, then a hearing will be scheduled. You must attend this hearing.
Some common defenses are that the landlord did not give a proper eviction notice, rent owed should be reduced or waived due to serious defects with the property (warranty of habitability) or the past due rent was not correctly calculated.
Pennsylvania law only allows a landlord to evict you by going to court, usually before an MDJ. If you do not move out of your rental property voluntarily by the date indicated in an eviction notice, if one is required, the landlord can file an eviction Complaint with the MDJ.
If you want to appeal, you should get legal advice at once after the hearing. If you do not appeal, you can be evicted by a constable or sheriff in as little as 22 days after the hearing before the Magisterial District Judge.
Here are the steps you can take to contest the eviction: Arm yourself with solid evidence and legal help. Contest the eviction in court. To remove a false eviction from your public record, you can petition the court or file an appeal. Gather evidence that proves eviction information is incorrect or outdated.