Pennsylvania Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit - Past Due Rent

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Multi-State
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US-00882BG
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Word; 
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Description

A tenant at will is a tenant who has the landlord's permission to stay on the property past the expiration of the rental agreement. Also, a tenant who occupies rental property with the landlord's consent and makes rent payments without a written lease is called a tenant-at-will. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a tenant-at-will after the tenant has been give the statutory notice to quit the premises.

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FAQ

Pennsylvania law requires that the tenant be given 10 days from the date of service of the Notice to Quit to either pay the rent due or move out of the property. This deadline can be changed if previously agreed to by the tenant in the lease or rental agreement.

If the eviction case was only for nonpayment of rent, you may stop the eviction any time before you are actually evicted by paying the amount the Magisterial District Judge ordered, including court costs. This is called the right to pay and stay.

The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.

Order for Possession If you disagree with the decision and want to stay in the home, you will need to file an Appeal to the Court of Common Pleas within 10 days of the judgment date and post a bond.

The various issues that the magisterial district judge must determine at the hearing include: whether notice to quit was given to the tenant in ance with law or that no notice was required under the terms of the lease; the amount or rent due, if any; damages to the leasehold premises, if any; the amount found to ...

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.

Pennsylvania law dictates that once the Writ of Possession is issued, law enforcement officials have to serve it to the tenant within 48 hours from the time they receive it. Once the tenants receive the Writ of Possession, they have 10 days to move out before they are forcefully evicted from the property.

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Pennsylvania Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit - Past Due Rent