Pennsylvania Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Tenants who stay within the rental premises even a day after their term ends may be evicted. The notice a tenant receives depends on their tenancy or lease term, which can include a 15-Days' Notice to Quit or a 30-Days' Notice to Quit.

If the landlord allows you to stay after the original lease has expired, you enter into a month-to-month lease (unless the original lease said something different). If you were originally in a week-to-week lease, the holdover period will also be on a week-to-week basis.

Under Pennsylvania law, a holdover tenant is an individual who ?unjustifiably refuses to surrender possession of a leasehold premises at the end of the term of the lease.? U.S. Gypsum Co. v.

Tenants who stay within the rental premises even a day after their term ends may be evicted. The notice a tenant receives depends on their tenancy or lease term, which can include a 15-Days' Notice to Quit or a 30-Days' Notice to Quit.

To hold over means to remain in the premises past the stated termination date in the rental agreement, without the consent of the landlord. In Pennsylvania the landlord is allowed to increase the rent to double the amount in the agreement, prorated on a daily basis for as long as the tenant remains in possession.

How much notice does a landlord have to give a tenant to move out in Pennsylvania? In the state of Pennsylvania, for a lease that is one year or less in length, a landlord can give a tenant 15-day notice to leave. For leases over one year, landlords can give a 30-day notice to leave from the date the lease ends.

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.

(b) The determination of abandonment shall be based on a preponderance of the evidence of the lessee's absence from the home for at least 30 days and nonpayment of rent for at least 30 days from the date it is due, together with one or more of the following: (1)Termination of electric or water service to the home and ...

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Pennsylvania Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term