Philadelphia Pennsylvania General Form of Complaint, Petition, or Declaration for Ejectment

State:
Multi-State
County:
Philadelphia
Control #:
US-01684BG
Format:
Word; 
Rich Text
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Description

An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form 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

HOW LONG DOES IT TAKE TO FILE AN EJECTMENT? A Philadelphia ejectment lawyer may recover possession of your property in four to seven months. In Philadelphia, PA an ejectment is a legal process to remove a squatter from property. The time frame is four months to a year depending on whether the defendant takes action.

An ejectment complaint is a legal remedy, allowed by existing rules, to recover the physical possession of the real property, which is being withheld or unlawfully detained or is being taken through the use of force, intimidation, threat, strategy, or stealth.

"In forcible entry, one is deprived of physical possession of any land or building by means of force, intimidation, threat, strategy, or stealth."31 "Where the defendant's possession of the property is illegal ab initio," the summary action for forcible entry (detentacion) is the remedy to recover possession.

Primary tabs. Ejectment is a common law cause of action by a plaintiff who does not actually possess a piece of real property but has the right to possess it, against a defendant who is in actual possession of the property.

Suit for ejectment of a tenant is dismissed on merits. Since it is not a title suit for possessionThis is how a suit for ejectment differs from a title suit for possession.

The completed complaint in ejectment can be filed in City Hall room 296 over-the-counter or electronically through the Civil Electronic Filing System at . The contact number for room 296 is 215-686-4251. Once your complaint has been processed, you must have it served on the occupant.

The complaint for ejectment has to be responded to or answered by the defendant within a period of 10 days (Section 6, Rule 70). This period was not affected by the amendment of the Rules of Court extending the period to file an answer to 30 days since ejectment is a special civil action covered by special rules.

In Pennsylvania, ejectment is an action by a party who does not posses certain land but has a right to do so. The action is brought against a Defendant who has actual possession of the land. An ejectment action can also be used to determine a question of title to real property.

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Philadelphia Pennsylvania General Form of Complaint, Petition, or Declaration for Ejectment