Eviction Attorney in King of Prussia, Pennsylvania
With at least a third of the state’s population being renters, landlords play a key role in providing enough housing for residents of Pennsylvania to have a safe and comfortable place to live. However, while there are many benefits to being a landlord, there are also an equal number of risks that you’ll be exposed to. This is why it’s important to fully understand what your rights are as a landlord and how to enforce them.
These rights are especially crucial to protect during the eviction process. If you’d like to consult with an experienced real estate attorney about an issue you’re having with a tenant regarding an eviction, contact me at The Downey Firm, LLC. From my home offices in King of Prussia, Pennsylvania, I’m able to serve clients in Chester County, Delaware County, and throughout Pennsylvania.
Evicting a tenant is never an easy task and one that landlords certainly don't relish, but it’s also one that must be done purposefully and in full compliance of the law. Each state sets their own regulations about why, when, and how landlords can evict tenants, and in Pennsylvania, these laws will even vary from county to county which makes it essential you fully understand what you can and can’t do.
There’s also an important distinction to be made between the terms “eviction” and a “termination of tenancy.” Essentially, a landlord can terminate a tenant’s lease agreement for a number of reasons and ask them to vacate the premises.
An eviction, on the other hand, is a court process where the tenant must be ordered to leave or be physically removed from the property following a termination of tenancy. That said, “eviction” is commonly used to refer to any time a tenant is asked to leave.
Some common circumstances for termination of tenancy include:
failure to pay rent,
violating the terms of a lease or rental agreement,
engaging in illegal activity, or
simply reaching the end of their lease agreement.
By far the most common reason is nonpayment of rent and per state law rent is considered “late” one day past its due date. However, as a landlord, you’re required to issue a 10-day notice to quit before you can evict a tenant for non-payment. During this time period, if the tenant resolves the issue (ie. pays their rent), you are not permitted to give them an eviction notice.
For lease violations, landlords must give a 15-day notice to quit for tenants who’ve lived on the property for less than a year, and a 30-day notice for those who have lived there for more than a year.
If a tenant is found conducting illegal activity they must be given a 10-day notice, and when a tenant is nearing the end of their lease agreement which will not be renewed, they must be given either a 15 or 30-day notice.
The Eviction Process
All landlords must follow state and county regulations for notifying tenants that their lease will be terminated. If your tenant refuses to vacate after this notice has been delivered, you can then file an eviction lawsuit with the courts to take the next steps to forcibly remove the tenant.
As the landlord, you are also required to serve their tenant with a copy of this complaint along with the date the hearing has been set for. If you are found in the right during the hearing, you will be granted back the property and your tenant will be forced to pay rent, damages, or other related costs.
Enforcing an Eviction as a Landlord
But what if, after all this has been done, your tenant still refuses to leave? Well, you can request an Order of Possession from the court. This document will allow law enforcement to physically remove the tenant from the premises.
Even though this process may feel lengthy and complicated, it’s critical that you follow all steps exactly or else you risk legal action being brought against you by your tenant.
You should keep copies of any correspondence you’ve had with your tenant,or the courts, along with evidence like lease agreements, returned checks, and photos of the property.
Eviction Attorney Serving King of Prussia, Pennsylvania
By following state law, cooperating with the courts, and working with a knowledgeable lawyer, you put the odds in your favor. Consulting with an attorney during this time is key. As your representative, I will advocate for your best interests and provide guidance backed by experience. If you’re looking for a trusted eviction attorney who specializes in defending landlords, reach out to me at The Downey Firm, LLC—located in King of Prussia, Pennsylvania.