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Tenant Rights to Avoid Eviction in Pennsylvania

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      Pennsylvania controls the eviction process through the landlord and tenant statutes in the state codes. Tenants cannot be evicted without a specific legal reason, and the landlord has to follow specific notice periods and steps to legally evict the tenant. A tenant has a number of ways to avoid eviction in Pennsylvania.

    Termination

    • A Pennsylvania eviction filing is preceded by an early termination of the lease. The Pennsylvania landlord has the option to end a lease term early if you don't pay the rent, you're causing a disturbance or damage to the property, you do not abide by the terms in your lease or you're using the residence to facilitate illegal activity. Pennsylvania law allows you a specific amount of time to leave the rental or fix the problem. If you catch up on back rent within 10 days of receiving the notice or you fix a lease problem in 15 days, the problem is considered resolved and your Pennsylvania lease agreement is reinstated. If you leave the rental during the termination notice period, the landlord cannot proceed to a formal eviction filing so you won't have a history of eviction on a background check or credit report.

    Hearing

    • Once the landlord files the eviction petition, you will receive a summons. The summons details the eviction reason and informs you of the process to file an answer to the summons. If the landlord is attempting to evict you for a reason other than the reason listed, you can defend yourself by proving the actual eviction reason. Once you file an Answer, the eviction hearing is scheduled. Present documentation and witnesses to help support your position. Even if the eviction is for a legitimate reason, go to the court hearing to avoid a default judgment and ask for more time to leave the home, if circumstances require.

      Landlords who represent themselves in the eviction case may not follow all of the proper steps in the eviction case. If the landlord makes a misstep when he is filing the eviction, you can get the case dismissed. Common errors include not allowing enough time to pass after he delivers the termination notice to file the eviction or not properly serving you with the summons.

    Writ of Possession

    • The last part of the Pennsylvania eviction is the physical eviction, when a sheriff shows up at the residence to remove you from the property. If you leave the residence in the time allotted by the court after the eviction, you don't have to deal with a sheriff removing you and the property from the home. A 24-hour notice is given before the sheriff arrives at the home, so you do have advanced warning before the eviction is executed.



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