Eviction In Pennsylvania

[venicia22]

My landlord has entered my apartment and I got huffy about it because he never let me know and now he wants to evict me and started to make reasons why. His new reason is my apartment isnt up to code. He is not doing it legally through court and now he is calling and harrassing me threatening me that he is going to have code inspectors come through and going to file at court if i am not out of there in three days! Please I live in Pennsylvania I need your help! Single mother of one!

[LawResearcherMissy]

I had a landlord like yours once. He threatened eviction if you farted in the parking lot.

I'm going to assume you're current on your rent.

For a Landlord to evict you:

They must go to court, which usually involves these important steps:

1. Written notice. Unless your lease says otherwise, your landlord must give you a written notice before filing an eviction case against you. The notice tells you when the landlord wants you to move. The amount of time the eviction notice gives you to move depends on the length of your lease and the reason you are being asked to move. If you are being evicted because you did not pay rent, your landlord must give you a written notice at least 10 days before filing an eviction case.

If you are being asked to move for any reason other than nonpayment of rent, your landlord must give you a written notice

* 15 days before filing an eviction case, if your lease is for one year or less; or
* 30 days before filing an eviction case, if your lease is for more than one year.

Your lease can provide for a longer or shorter notice, or no notice at all.

If you have not moved out by the date stated on the eviction notice your landlord gave you, your landlord cannot just throw you out. He or she must still file a landlord/tenant complaint and go to court, as described below.

2. Court hearings. The eviction hearing will usually be before a Magisterial District Justice. Your landlord cannot just move you out, lock you out or take your personal property on his or her own. You have the right to appear at the hearing before the Magisterial District Justice with any witnesses or other evidence you have. Since eviction cases move quickly, it is a good idea to get legal advice before your eviction hearing. The landlord must appear at the hearing and present testimony as to why you should be evicted. If the landlord fails to appear, you should ask that the case be dismissed.

3. Appeal. If you lose at this hearing but have a good defense, you have only 10 days to appeal to a higher court. To stay in your home during the appeal,

* You must pay into court when you file the appeal either the amount of rent in the judgment or 3 months rent, whichever is less; and

* If the Magisterial District Justice decided that you owed back rent, you must pay that amount into court, or post a bond for that amount, when you file the appeal. (You only have to pay three months of back rent into court, however, even if you owe more.)

If you want to appeal, you should get legal advice immediately after the hearing. If you do not appeal, you can be evicted by a constable or sheriff in as little as 22 days after the hearing before the Magisterial District Justice.


http://www.rentlaw.com/eviction/paeviction.htm

He can't lock you out, either.

Talk to a lawyer ASAP. You can find low cost or possibly free help here.

[venicia22]

Yes my rent is up to date. The other issue with this landlord is he entered my apartment half an hour before I got home knowing I never get home until a certain time. He never left me a note saying he was inside however he stuck an envelope in my door saying to call him. I was upset that he went in my apartment without notifying me and aske why. He said there was a plumbing problem in apartment four, and I said what does that have to do with me? He didn't respond until last night when he called harrassing me saying he was going to file a legal eviction notice and calling code. He says his reason for evicting me is due to code... if I got code to come inspect and they pass it does he have a right to evict me?


P.S. I dont know how many times he has entered my apartment unannounced. And nothing in my apartment was moved for him to look at the "plumbing"