Pennsylvania Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

Pennsylvania's Landlord Tenant Act (68 P.S. §§ 250.101?250.60) protects both tenants and landlords by establishing basic rules for renting residential property.

Pennsylvania law states a landlord must fix something within a reasonable amount of time. Landlords must adhere to the Warranty of Habitability which is included in every lease to make sure the property is safe to live in.

If a tenant leaves or abandons their personal property at the leased premises at the time they vacate or relinquish possession, under Pennsylvania Law a landlord must provide the tenant with a ten day written notice to retrieve their personal property.

Pennsylvania Landlord Tenant Law protects both tenants and landlords by establishing basic regulations for the rental of residential property. Rental issues such as repairs and maintenance and eviction procedures are governed by Landlord Tenant law.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

The Pennsylvania Supreme Court has ensured that tenants have the right to a decent place to live. This guarantee to decent rental housing is called the Implied Warranty of Habitability. Landlords must remedy serious defects affecting the safety or the ability to live in the rental unit.

Under the right to a safe and habitable home, a landlord cannot force a tenant to move into a home or unit ?as-is? and cannot demand that the tenant be responsible for repairs. To be safe, and habitable, a unit or home should have: Working smoke alarms. Working hot water.

There are often two parts to a Judge's decision: Possession (eviction) and Money Judgment. You have the right to appeal a judgment entered against you. Appeals are filed with the Prothonotary at the Court of Common Pleas.

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Pennsylvania Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand