Landlord Tenant Appeals

Eviction appeals: In Pennsylvania, once a landlord/tenant eviction hearing is decided by a Magisterial District Justice (or by a Municipal Court Judge in Philadelphia), either party has the right to appeal if they disagree with the decision. If a tenant appeals a determination of possession, there is a 10 day appeal deadline. In other words, […]

Grounds for Eviction

For a tenant to be evicted, the landlord may proceed on one or more of the following grounds: Nonpayment of Rent. For example, the tenant has failed to pay the current or prior months’ rent, and the rent is past due. Also, the tenant has failed to pay late fees. Termination of the term. For […]

Notice to Quit

In Pennsylvania, before an eviction may be filed, the landlord must serve the tenant(s) with a Notice to Quit. The Notice to Quit must explain why the tenant is being evicted: Nonpayment of Rent, Termination of the term (i.e. the 12-month lease is over and the lease was not renewed), or Breach of a term […]

Abandoned personal property of tenants

Pennsylvania Act 129 of 2012 provides rules regarding abandoned property of tenants. Tenants are required to remove all personal property upon eviction or when they vacate the leased premises. Upon eviction or vacating, the landlord must give notice to the former tenant within ten days regarding their intent to remove the personal property. If the […]

Warranty of Habitability

There is an implied Warranty of Habitability when you rent a premises in Pennsylvania. In other words, the rental unit must be habitable: i.e. there must be water and heat, and the property must be safe and sanitary. If a problem develops after you move in, contact the landlord immediately. While I recommend calling the […]

Documents to bring to Court: Tenants

Documents tenants should bring to court: When you go to a landlord-tenant eviction hearing, you will need to bring several documents. The lease is perhaps the most important document to provide. It is the instrument that shows how much rent is to be paid each month, when the rent is due, when the lease begins […]

Remedies for the landlord

The most important thing that a landlord can get after an eviction hearing is the property itself. After a hearing, the tenant has 10 days to appeal, or else the landlord may request (and pay for) an Order for Possession. 10 days after that, the sheriff/constable will come and evict the tenant. In addition to […]

Typical landlord/tenant fees

To file a landlord/tenant eviction, you must pay the court’s filing fees. The fees are based on several factors: the number of defendants, amount seeking in damages (i.e. unpaid rent, destruction of property, legal fees), where you are filing (i.e. Bucks County vs. Philadelphia county). Many leases provide for the landlord to receive legal fees […]

Notice to Quit

In Pennsylvania, before an eviction may be filed, the landlord must serve the tenant(s) with a Notice to Quit. The Notice to Quit must explain why the tenant is being evicted: Nonpayment of Rent, Termination of the term (i.e. the 12-month lease is over and the lease was not renewed), or Breach of a term […]

Security Deposit

Before you rent an apartment or other dwelling, a landlord usually requires a security deposit. This deposit is held by the landlord in case you damage the residence during your tenancy. The security deposit may not exceed two-months rent during the first year. During the second year, the security deposit may not exceed one-month rent. […]