How to evict a tenant in Lancaster; PA?

Evicting a tenant can be a stressful process for landlords, requiring adherence to specific laws and regulations. If you ever find yourself in a situation where you need to evict a tenant in Lancaster, PA, it’s important to understand the proper legal procedures to follow. In this article, we will provide you with a step-by-step guide on how to evict a tenant in Lancaster; PA, ensuring a smoother process and protecting both your rights and those of the tenant.

How to evict a tenant in Lancaster; PA?

1. Give proper notice: The first step in the eviction process is to provide the tenant with a written notice to quit or pay rent. This notice should clearly state the reason for eviction and the amount of time given to rectify the situation, generally 10 days for non-payment of rent or 15 days for lease violations.

2. File the eviction complaint: If the tenant fails to comply with the notice, you can proceed by filing a complaint at the Magisterial District Court in the jurisdiction where the rental property is located. Fill out the necessary forms and pay the required filing fee.

3. Serve the complaint: Once the complaint is filed, the tenant must be served with the eviction complaint and a date for the hearing, either through personal service or certified mail.

4. Attend the hearing: Both the landlord and tenant must attend the court hearing. Present your case, providing evidence and documentation to support your claims.

5. Obtain a judgment: If the court finds in your favor, you can obtain a judgment of possession, allowing you to take back control of the rental property.

6. Execute the judgment: Once you have the judgment, you must execute it by obtaining an Order of Possession from the court. This order will give you the legal authority to arrange for law enforcement to remove the tenant from the premises.

7. Evicting the tenant: Coordinate with the local sheriff or constable to schedule the eviction. Ensure that the tenant’s belongings are handled appropriately and in accordance with local laws.

8. Change the locks: Once the tenant has been legally removed, change the locks to prevent unauthorized re-entry and ensure the security of the property.

9. Inventory the property: Before disposing of any tenant belongings left behind, create a detailed inventory and store the items in a safe place for a reasonable amount of time, as required by state law.

10. Cleaning and repairs: Assess the condition of the rental property and address any necessary cleaning or repairs before re-renting it.

11. Returning the security deposit: In Pennsylvania, landlords have 30 days to return the tenant’s security deposit or provide an itemized list of deductions, if applicable.

12. Finding a new tenant: Once the property is ready, begin the process of finding a new tenant by advertising, screening applicants, and preparing a new lease agreement.

Frequently Asked Questions

1. Can I evict a tenant without a written agreement?

Yes, you can evict a tenant without a written agreement. The process remains the same, but it may be more challenging to prove the terms of the agreement.

2. Can I evict a tenant for any reason?

No, you cannot evict a tenant for any reason. Valid reasons include non-payment of rent, lease violations, expiration of the lease term, or breach of the rental agreement.

3. Can I change the locks to force a tenant to leave?

No, changing the locks without following the legal eviction process is illegal and can result in penalties for the landlord.

4. Can I collect rent during the eviction process?

Yes, you can continue to request rent payment while going through the eviction process. However, if the tenant fails to pay, you can pursue eviction for non-payment.

5. Can I deduct unpaid rent from the tenant’s security deposit?

Yes, once the eviction process is complete and you have obtained a judgment, you can deduct unpaid rent from the tenant’s security deposit.

6. Can I evict a tenant immediately for lease violations?

In most cases, you must provide the tenant with a written notice to correct the violation within a specific time frame before proceeding with eviction.

7. Can I evict a tenant during the winter months?

Yes, you can evict a tenant during the winter months in Lancaster, PA. There are no specific restrictions related to the time of year.

8. Can I evict a tenant for having pets?

If your rental agreement stipulates a “no pets” policy and the tenant violates it, you can proceed with eviction. However, service animals are protected under the law.

9. Can I evict a tenant for causing disturbances?

Yes, if a tenant is causing a significant disruption to other residents or neighbors, you may have grounds for eviction. Proper documentation and evidence will be crucial.

10. Can I raise the rent after an eviction?

Yes, after an eviction, you can set a new rent amount for the property. However, be aware of any rent control laws that may limit your ability to increase the rent excessively.

11. Can I hire a lawyer to handle the eviction?

While it is not required, hiring a lawyer can ensure that you follow all legal procedures correctly and represent your interests in court.

12. Can I evict a tenant if they have children?

No, you cannot evict a tenant based on having children. It is illegal to discriminate against families with children under the Fair Housing Act.

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