A Pennsylvania Writ of Possession (34.1 KiB) is a document issued by a court of law that orders a party to surrender possession of a property to another party. It is used in eviction cases and other scenarios in which one party has a legal right to possession of a property. There are two main types of Pennsylvania Writ of Possession (34.1 KiB): a writ of possession of real property and a writ of possession of personal property. The writ of possession of real property is used when a tenant has been evicted from a property and the landlord has a legal right to possession. The writ of possession of personal property is used when a party has a legal right to take possession of personal property such as goods or money that is being held by another party. Both writs are issued by a court after a judgement has been made and are legally enforceable.
Pennsylvania Writ of Possession (34.1 KiB)
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FAQ
Pennsylvania does not have any laws regarding a landlord's right to entry. As such, landlords are legally allowed to enter units at will for reasonable purposes, although most landlords and tenants have some kind of entry notification policy in the lease agreement.
The order for possession deals only with delivery of possession of real property and not with a levy for money damages. A landlord who seeks execution of the money judgment part of the judgment must proceed under Rule 521A, using the forms and procedure there prescribed.
(a) General rule. --It is unlawful for any landlord ratepayer or agent or employee thereof to threaten or take reprisals against a tenant because the tenant exercised his rights under section 1527 (relating to right of tenants to continued service) or section 1529 (relating to right of tenant to recover payments).
A writ of possession is served following a default judgement or eviction lawsuit. The Sheriff is the person who serves the writ on the occupants and it usually has to be served to the tenant or occupants in person. The writ of possession often gives ample time before the eviction is enforced.
There is no state law in Pennsylvania that outlines requirements for landlords providing a tenant with notice of their intent to enter. It is advisable for landlords to provide reasonable notice to tenants based on the circumstances for access.
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.
Right to Quiet Enjoyment A landlord can't drop by to check in on a tenant or act as if the home is their home, too. If a landlord does need to enter the property to make repairs or for another legitimate reason, they have to provide the tenant with reasonable notice.
In Pennsylvania, a landlord must give reasonable notice before entering a property ? usually, 24-hours advanced notice. There needs to be written notice ? if emergency repairs are needed, landlords can enter the property to stop any damage that is occurring.