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 of the lease (i.e. no pets). However, the lease sometimes allows for the waiver of the Notice and permits the Landlord to file for eviction immediately.

The Notice to Quit must be served one three ways: personally on the tenant (by handing him or her a copy), leaving the notice on the entrance to the residence, or by posting the notice conspicuously on the premises.

The Notice to Quit must contain the following information:


Name and Address of Tenant being evicted

Date of service

Grounds for Eviction

Total rent due and owing

Amount of time to leave the property before an eviction is filed

Notice that the Landlord may pursue legal action

The Notice requires that a certain amount of time must pass between the time that the Notice to Quit is served and eviction is filed. For failure to pay rent, the time is 10 days. For either termination of term or breach, the time required is 15 days for leases last 1 year or less, or 30 days for leases lasting longer than1 year.

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Real estate ownership

In Pennsylvania, there are several ways that real property (i.e. houses) may be titled. When two or more people own property together, they should be aware of the manner in which the property is owned:

Tenants in Common – When property is owned as tenants in common, each owner owns a certain percentage of the property. Usually, this ownership is equally divided, but can be altered on the deed itself. If you own real estate in this manner, you can do as you please with your share. For example, you can sell your interest in the property, or you can leave it to a friend or family member in your will. When you pass away, your share is distributed though the probate process, and not necessarily to the owners who survive you. Even though all owners own a percentage of the property, they all have the right to enjoyment and possession of the property.

Joint Tenants with Right of Survivorship – When property is owned this way, all owners have the right to enjoyment and possession of the property. However the property passes directly to the survivor(s) upon the death of one of the owners. The owners may not sell or gift their portion of the property without consent of the other owners.

Tenants by the Entirety – This is the similar to Joint Tenants, except that the owners must be married to each other. This form of ownership may be dissolved upon death or divorce of either spouse. If it is due to divorce, the ownership reverts to Tenants in Common.

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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. Furthermore, if the security deposit is greater than $100, the security deposit must be placed into an escrow account.

After you vacate, the landlord must refund your security deposit. However, if there is damage that exceeds normal wear and tear, the landlord may retain enough funds to fix the dwelling. The landlord is required to notify you within 30 days as to the damages and amount they are retaining. If the landlord fails to notify you properly, or if they keep more than the funds necessary to fix the premises, then your landlord will be liable for double the security deposit. Please note that you must provide a forwarding address.

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Landlord Tenant 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, the tenant must file the appeal in the Court of Common Pleas where the property is located within 10 days. The tenant has to then serve the notice and Rule advising the Landlord that they have 20 days to file a complaint. These forms must be served on the Landlord and Magisterial District Judge.

The tenant must also file a supersedeas which prevents the sheriff or constable from kicking the tenant out of the property. In addition to filing fees, the supersedeas requires that the tenant pay the lower of 3 months rent or the judgment to the Court to hold in escrow until the final hearing. The tenant must also pay the monthly rent to the Court every 30 days. If the tenant fails to do this, the supersedeas may be terminated and the eviction may proceed. Make certain that you keep track of this deadline as some months have more than 30 days.

For issues regarding just the monetary judgment account, the appeal deadline is 30 days. The process is the same, but you do not need to file a supersedeas and therefore do not need to pay the funds monthly to the Court.

If a landlord appeals, the deadlines are the same, except that the landlord must then file a complaint to the tenant instead of a Rule instructing the other party to file one.

It is recommended that the parties hire an attorney to proceed with an appeal as it is much more difficult and complex than filing with the lower Court.

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Grounds for eviction

For a tenant to be evicted, the landlord may proceed on one or more of the following grounds:

1) 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.

2) Termination of the term. For example, the lease runs for 12-months and the landlord gave adequate notice that the lease is not to be renewed. If the tenant stays past the twelfth month, the landlord may proceed on this ground.

3) Breach of the lease. For example, the lease states that pets are not permitted and the tenant has a pet.

At the eviction hearing, it is the burden of the Landlord to show that the grounds have been met. However, if the eviction is based solely on Nonpayment of Rent, the tenant will be permitted to remain the property if he pays the judgment in full.

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Landlord and Tenant Act of 1951

Landlord/Tenant matters are governed by the Landlord and Tenant Act of 1951. A copy of the act may be found at http://www.parealtor.org/clientuploads/Legal/Statutes/Landlord-TenantAct.pdf .

In most counties in Pennsylvania, evictions are heard before the local Magisterial District Judge where the residence is located. The court will be scheduled between 5 and 15 days from the date of filing the complaint. In Philadelphia County, evictions are hearing in Municipal Court before a Municipal Court Judge.

If either party appeals from the Magisterial District Judge or Municipal Court ruling, then the hearing is transferred to the Court of Common Pleas in the county where the property and lower court are both located. To appeal an eviction, you must file the appeal and a document called a supersedeas within 10 days of the judgment. To appeal the monetary judgment only (i.e. past due arrears, legal fees, expenses, etc.), you have 30 days from the date of judgment. However, if the Judge granted eviction and you fail to file for a supersedeas (either because you don’t have the filing fees or you missed the 10 day deadline), you will still be evicted.

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What to expect at a hearing

Once a landlord tenant complaint is filed in the local courthouse, a hearing date will be set. The hearing will be scheduled no later than 15 days from filing. The local sheriff or constable will then serve the tenant with the complaint and hearing notice, either personally or by posting them conspicuously on the property.

When you get to court, the landlord has the burden of showing that the tenant should be evicted (either for non-payment of rent, termination of the terms, or breach of the lease). Furthermore, the landlord has the burden of showing any damages, including rent due and owing, legal fees, and damages to the property. The tenant may then present and defenses or arguments against what the landlord is claiming.

The landlord will testify first. The tenant (or his attorney) then has the right to cross-examine the landlord. This means that the tenant has the right to ask the landlord questions. The landlord may call additional witnesses. The landlord may only ask the witnesses questions rather than have a conversation. The tenant has the right to cross-examine each of those witnesses as well. After the landlord rests his case, the tenant may then testify and call his own witnesses. The landlord then has the right to cross-examine those witnesses. Finally, the landlord may present rebuttal testimony.

If the tenant filed a cross-complaint, then the tenant has the burden of proving this during he and his witnesses are testifying.

It is recommended that you hire an experienced attorney as the rules of Court are very complex. The Rules of Evidence apply and you may be prejudiced if the other party has an attorney and you do not.

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Why a Power of Attorney is as Important as a Will

Oftentimes people are very concerned about making sure that they have a will but do not think about a power of attorney. While it is an important part of an estate planning process, and is critical if you have specific goals and desires on how you would life your life’s savings distributed upon your death, without one your closest relatives will still receive your assets under the intestate laws. If you are married, this means your spouse. The state does not take your assets unless and until there are no living relatives.
A power of attorney, however, has no fall back provision. If you do not have a power of attorney when you need one, your loved ones will have to petition the court and ask to be appointed as your guardian. This can be an expensive and time consuming process. A power of attorney, unlike a will, is a document that takes effect while you are living. It gives power to whomever you choose to handle your financial affairs, including paying your bills, signing checks, even selling your property. You can use a power of attorney while you are still capable of handling your affairs but are unavailable or you can use it solely in the event that you become you incapacitated and are no longer able to handle your affairs. Some people will use one if they are out of state and need to sell their house. They can designate a power of attorney to handle the transaction for them at settlement. A power of attorney can specify what rights and power you give the other person and it can be limited to specific things.
It is a very powerful, but often overlooked document. You should trust fully the person you designate as it can be abused. You can revoke it in writing at any time. It can be used for many different reasons. If say, for example, you have a child in college and you want information on their account with school or grades, you can talk to your child into signing a Power of Attorney to allow you access to this information. So many parents are frustrated when they pay college bills and yet the school will not even tell them the balance due. It is a very useful tool in the event of an unfortunate and tragic accident that does not result in death. If the breadwinner is suddenly not available, rather than have to file a petition and wait for court, a Power of Attorney will enable the spouse to handle all the affairs, negotiate checks, obtainformation on the mortgage and other bills that may only be in the other person’s name.
The cost of a Power of attorney is very inexpensive (approx. $ 100) compared to the cost that will be incurred if someone does not have one when it is needed (thousands). It is something to think about to protect yourself while you are living or assist your loved ones.

For more information, visit us at: /Estates-And-Probates/Power-of-Attorney-Or-Health-Care-Directive/

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What happens to the ring when the wedding is called off

Sometimes an engagement does not always result in a happy ending. If the couple, for any reason, does not get married, what happens to the ring? Oftentimes, a woman who has been dreaming of getting married feels justified keeping the diamond engagement ring that was given to her. These feelings are especially strong when she is not the one who called off the wedding. If she is in Pennsylvania, however, the law does not support her. In the event an engagement does not result in a marriage, the engagement ring legally belongs to the giver. It does not matter who calls off the wedding. The ring is a gift conditioned on a promise of a wedding. When the wedding does not take place, the ring must be returned. If the ring is not voluntarily returned, filing an action through court may be the only route possible. In either event, it may be wise to make sure the diamond is examined to ensure that it is the same diamond that was given before the wedding was called off.

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Self-love on Valentine’s Day

Self-Love is important. For those who are separated or divorced, remember that loving yourself is a way you can make Valentine’s special for yourself. Enjoy a day at the spa, read a good book, spend time relaxing in a bathtub or doing something you enjoy. Maybe go see a new movie and celebrate with friends or children or family. No one can make you happy but yourself and this is a day to celebrate the love you have for yourself just as much as it to celebrate the love you have for others.

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