Saturday, February 2, 2013

Eviction of Bad Lessees

Eviction is an action taken to remove renters or tenants from a rented house or apartment due to some reasons. Once evicted, tenants are no longer allowed to stay on the property. The landlord can file an eviction case with the aid of an eviction attorney in Pennsylvania. But when can a tenant be forced to leave the property?

Grounds for Eviction


The common reasons that lead to eviction are failure to pay agreed rent, breach of lease contract, and termination of contract. Breach of lease contract is a breach in agreements made between the property owner and the lessee. For instance, if the agreement or contract specifically mentioned -no pets- are allowed and the tenant keeps a pet in the apartment unit, he can be evicted. Damage to property is also another ground for eviction.

The Eviction Process

Although it seems more convenient to just yell at the troublesome tenant to get out of the property, there is a proper procedure for this. Basically these are steps involved.

The landlord or property owner issues a notice of termination to the renter. This notice warns the renter that he should leave the premises. The notice indicates what the renter should do to avoid eviction. For instance, he may be asked to pay due rent within 3 days or he may be asked to fix damage he has done to the property. Failure to do as the notice states leads to eviction. But before that, the landlord has to file a lawsuit.

A lawsuit is filed in the court against the tenant who does not satisfy set agreements. Once the court receives the complaint, the offending renter shall be summoned to appear in the hearing. The renter should be present during the hearing; otherwise, the complaining landlord wins by default. If renter appears in the court and defends himself, the landlord may have to justify his petition. The renter can challenge the eviction by stating that there was a mistake in the computation of rent or by stating that the landlord had been unreasonable in his decision. The renter can also challenge the eviction case by stating that it is the tenant who broke the lease agreement.

Eviction shall be ordered once the court finds enough reason for renter or tenant to be removed from the property. The renter only has a short time to pack his things and leave the property. If the renter does not vacate the premises voluntarily, he shall be removed from the property by force. The landlord can ask services of the law enforcers to facilitate in the eviction. The landlord must not harass the tenants or resort to illicit actions like changing the locks, turning off heaters or air-conditioning systems and throwing the belongings of the renter outside. If the landlord causes damage to the belongings of the renter, he can be held liable for such damages.

Well, the landlord and the tenant can talk about issues first. Disputes do not need to happen, and eviction can be avoided. But when there seems no diplomatic remedy and eviction seems the only recourse, get the advice of real estate lawyers in Philadelphia, who can inform you about your rights. An attorney makes sure that the eviction procedure is done in legal terms.

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1 comment:

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