How to Evict a Family Member in Pennsylvania

Dealing with a family member who is living in rented property can be particularly challenging. Understanding the legal landscape, like Pennsylvania's landlord and tenant laws, is crucial in such scenarios. Below, we explore the steps you should take to effectively manage this situation.

Understanding Your Rights

Under Pennsylvania law, there are specific conditions under which a tenant can be legally evicted:

Non-payment of rent Failure to uphold the terms of a lease or rental agreement Expiry of the rental agreement and desire of the landlord for the tenant to move out

However, when the family member has no written lease or contract, the process becomes more complex. In these situations, the family member may manufacture various justifications for their presence, such as claiming they were never charged rent or that you consented to them living with you.

Consulting a Lawyer

Given the potential for misunderstandings and unexpected legal challenges, consulting with a specialized lawyer is highly recommended. A lawyer who specializes in eviction proceedings can help you navigate the specific laws and regulations of Pennsylvania. They will guide you through the necessary legal procedures and provide options for resolution.

Understanding Local Eviction Laws

Eviction laws vary between states and even between towns, making it essential to understand the specific guidelines in Pennsylvania. Generally, landlords are required to provide a written notice of 30 days prior to eviction unless the lease clearly states a longer term. If no eviction notice is provided, the eviction process may not be legally valid.

However, if the family member has breached the terms of the lease, the eviction process becomes more straightforward. If the lease does not mention the terms of tenancy extending beyond the initial period, the landlord can legally seek eviction.

The Eviction Process

The eviction process in Pennsylvania typically involves the following steps:

Give the legally required notice — This must be in writing and should be given at least 30 days prior to the intended eviction date. File an eviction lawsuit — If the tenant does not comply with the notice, the landlord can file an eviction lawsuit in court. Attend court hearings — Both the landlord and tenant will have the opportunity to present their case in court. If the judge rules in favor of the landlord, they may issue an eviction order. Application for a sheriff's assistance — If the tenant still refuses to vacate, the landlord may request a sheriff or marshal to forcibly remove the tenant from the property.

It is worth noting that there are alternative methods of resolution, such as offering a cash settlement to the tenant in exchange for their voluntary move. Commonly known as "cash for keys," this approach can be a quicker and less costly alternative to the full eviction process.

Immediate Action Required

If you are unsure of the owner of the property, the property owner should take prompt action. This may involve consulting a lawyer or filing the necessary eviction notice at the local courthouse. This process may take some time, especially considering the delays in court proceedings due to the ongoing pandemic.

The court may provide further guidance to the homeowner regarding the eviction process. It is important to maintain communication with the court and follow their instructions diligently.

Final Thoughts

Dealing with an uncooperative family member living in your rented property can be stressful and challenging. It is crucial to seek professional legal guidance and follow the appropriate legal procedures to ensure a smooth and successful resolution. Being proactive and prepared will help you navigate this complex situation effectively.