Can the sheriff still evict you by your eviction move out date by the court date to leave the property what happen if you appeal the writ of possession and default judgement and full case at commonwealth court level and they didn't get notified by the court or the landlord agency manger apartment attorney or landlord agency manger it was appeal not to evict what should I tell him so they don't evict me?
If an eviction order was issued by a court with proper jurisdiction, you betcha the sheriff's deputies CAN and WILL obey any existing court orders.
If you have a countermanding order issued by any appellate or higher level court, I suggest you obtain several copies of such an order from the issuing court with the judge's signature and raised court seal affixed to provide to the adversarial party and proper sheriff's deputies/officials you expect to initiate your alleged eviction.
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Evicting a tenant in Pennsylvania can take around 1 to 2 months, depending on the reason for the eviction. If tenants file an appeal, the process can take longer.
Grounds for an Eviction in Pennsylvania
In Pennsylvania, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
Not paying rent on time
Staying after the lease ends
Violating the terms of the lease
Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
Grounds Notice Period Curable?
Nonpayment of Rent 10 Days Yes
End of Lease or No Lease
Lease of 1 Year or Less
15 Days No
End of Lease or No Lease
Tenancy of More than 1 Year
30 Days No
Lease Violation
Lease of 1 Year or Less
15 Days Yes
Lease Violation
Tenancy of More than 1 Year
30 Days Yes
Illegal Activity 10 Days No
In Pennsylvania, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 10 days' notice to quit, which gives the tenant a chance to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Pennsylvania the day immediately after its due date. Pennsylvania landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
End of Lease or No Lease
In Pennsylvania, a landlord can evict a tenant who does not have a lease ("tenant at will") or has a lease that has terminated and continues to remain on the premises ("holdover tenant"). To do so, the landlord must first terminate the tenancy by giving the tenant proper notice to move out.
Based on the type and length of tenancy, the amount of notice differs. For tenants with a periodic tenancy of any length (i.e. week-to-week or month-to-month) or a lease of one (1) year or less, the landlord must serve them a 15 days' notice to vacate.
For tenants with a lease of more than 1 year, the landlord must serve them a 30 days' notice to vacate. If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Pennsylvania, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Pennsylvania landlord tenant law. To do so, the landlord must first serve the tenant a notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
Based on the type and length of tenancy, the amount of notice differs. For tenants with a periodic tenancy of any length (i.e. week-to-week or month-to-month) or a lease of one (1) year or less, the landlord must first serve the tenant a 15 days' notice to comply or vacate.
For tenants with a lease of more than 1 year, the landlord must first serve the tenant a 30 days' notice to comply or vacate.
Pennsylvania Eviction Process (2024): Grounds, Steps & Timeline