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  1. #1
    Join Date
    Sep 2018
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    11

    Default Entering Rental Premises After Expiration of 10 Day Notice for Appeal of Eviction

    My question involves landlord-tenant law in the State of: Pennsylvania

    I have been awarded judgment for possession including the monetary portion against a tenant. I cannot determine if premises are vacated since tenant has refused to communicate. The 10 day appeal period following the judgment is about to elapse (unlikely the tenant will appeal the eviction). Can I enter the premises on the 11th day without notice?

    I have researched the #2 statement on the judgment but the meaning to me is still unclear. Please explain #2.
    DISPOSITION DETAILS:
    1) Grant possession YES
    2) Grant Possession if money judgment is not satisfied by the time of eviction NO

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Entering Rental Premises After Expiration of 10 Day Notice for Appeal of Eviction

    The order grants you possession. It does in #1.

    #2 would be YES if the judge was saying the tenant can stay if he pays by the time of the eviction.

    You might want a Sheriff's Deputy there on the 11th day.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Entering Rental Premises After Expiration of 10 Day Notice for Appeal of Eviction

    Quote Quoting Rosanula
    View Post
    I cannot determine if premises are vacated since tenant has refused to communicate.
    Why haven't you driven to the property to check it out? Check for cars? Look through windows? Talk to neighbors? Call the utilities to see if the tenant closed the accounts?

    I'd have bee keeping an eye on the place from day one. Unobtrusively, of course, until the 10 days were up and then I'd be knocking on the door.

    Landlording is not for the faint of heart.

  4. #4
    Join Date
    Sep 2018
    Posts
    11

    Default Re: Entering Rental Premises After Expiration of 10 Day Notice for Appeal of Eviction

    Am I permitted to enter the premises on the 11th day if I see that the tenant has vacated?

  5. #5
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Entering Rental Premises After Expiration of 10 Day Notice for Appeal of Eviction

    There is no reason to think you are allowed to enter the premises on the 11th day if the tenant is there.

    What do you think you went to court to do?

  6. #6
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Entering Rental Premises After Expiration of 10 Day Notice for Appeal of Eviction

    If you've been granted a judgment of possession, what would make you think you couldn't legally enter?

  7. #7
    Join Date
    Mar 2013
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    18,340

    Default Re: Entering Rental Premises After Expiration of 10 Day Notice for Appeal of Eviction

    Quote Quoting Rosanula
    View Post
    Am I permitted to enter the premises on the 11th day if I see that the tenant has vacated?
    Of course.

    But if there is any indication that the tenant is still there, back off and call the sheriff to arrange for dispossession.

  8. #8
    Join Date
    Sep 2018
    Posts
    11

    Default Re: Entering Rental Premises After Expiration of 10 Day Notice for Appeal of Eviction

    I got it! Thank you. And yes, I have checked out the property, called the utility companies, tried to peer in the windows but curtains blocking view...very secluded area, no neighbors and no car in the driveway.

    After 28 years of renting our one place, this is our first eviction, and hopefully our last!

  9. #9
    Join Date
    Sep 2018
    Posts
    11

    Default Re: Entering Rental Premises After Expiration of 10 Day Notice for Appeal of Eviction

    The tenant has not vacated. Upon inspection of property after Notice to Quit expired, the tenant's belongings have not been removed. However, the tenant has not been living in the premises for at least 2 weeks. The tenant stops occasionally for a brief visit.

    The order of possession was issued. The tenant now has the 10 day time period to remove belongings. During the Notice to Quit time period the tenant's lease expired. The lease states that the landlord can show the property to prospective new tenants with notice.

    Am I permitted to show the property under these circumstances? Or is it best to wait until the 10 day order of possession has expired?

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