Eviction of non-paying tenant

Eviction of non-paying tenant

astol10014@hotmail.com	2/23/2005 8:38:32 AM
I have a tenant that fell behind in his rent. I took him to court and won a judgement for the past due rent about 6 months ago. From that time forward he has been paying his monthly rent plus extra each month to make up for the past due rent. He has paid off half of what he owes in back rent but has started back on his old habits of not being able to pay the rent in full each month or the additional monies on back rent. I am wondering what the procedure is for having him forcibly evicted by the sheriff. He is currently on a month to month lease and the property is located in Montgomery County in Pennsylvania. I am assuming I have to give him a months notice to vacate the property and if he doesn't bring him to court and have some kind of judgement entered against him? And once I receive that judgement I can go to the sheriff's office and file to have him evicted? If someone can walk me through the steps of what kind of lawsuit I have to file to final forcible eviction I would be much appreciative. Also, is there anyway I could avoid hiring an attorney for this? After the past money he already owes me and the months it will take to throw him out I would like to avoid any additional costs. Thank you.



"John A. Weeks III"	2/24/2005 12:14:14 PM
In article <kg1p11hvedtba5irvh06rfkhdujh0hraqs@4ax.com>, astol10014@hotmail.com wrote: I am wondering what the procedure is for having him forcibly evicted by the sheriff. He is currently on a month to month lease and the property is located in Montgomery County in Pennsylvania. I am assuming I have to give him a months notice to vacate the property and if he doesn't bring him to court and have some kind of judgement entered against him? And once I receive that judgement I can go to the sheriff's office and file to have him evicted? See if your area has either a landlord's group or a local housing office. Either one might be able to give you an outline of what has to be done in your area. You may also want to pay an attorney to help the first time through. In most places, you issue a "pay or quit" notice. That normally gives the tennant 3 days to pay up or vacate the property. The legal procedures differ from there. In some places, you can get the sheriff to evict the people. In other places, you have to go to housing court to get an eviction order. -john- -- ====================================================================== John A. Weeks III 952-432-2708 john@johnweeks.com Newave Communications http://www.johnweeks.com ======================================================================



doubter	2/24/2005 12:14:21 PM
On Wed, 23 Feb 2005 08:38:32 -0500, astol10014@hotmail.com wrote: If someone can walk me through the steps of what kind of lawsuit I have to file to final forcible eviction I would be much appreciative. Also, is there anyway I could avoid hiring an attorney for this? After the past money he already owes me and the months it will take to throw him out I would like to avoid any additional costs. Thank you. Real estate, landlord/tenant, and rental issues can vary greatly from one state to another and often within a state. Because if this it is important for you to seek advice from someone that knows the laws in your area. If you don't want to pay an attorney for a couple of hours then see if there is a landlord association in your area. You seem to be fairly close to Philadelphia so you should be able to find some sort of trade association there that would be able to help you for the cost of a membership or perhaps for free. Another sorce might be a helpful clerk at you county court. They may have a guide to the proper steps of an eviction. Good luck.



"D.F. Manno"	2/27/2005 10:01:03 PM
In article <4u1s11hk0bmk4dgsucp085rd899p1jndoj@4ax.com>, "John A. Weeks III" <john@johnweeks.com> wrote: astol10014@hotmail.com wrote: See if your area has either a landlord's group or a local housing office. Either one might be able to give you an outline of what has to be done in your area. You may also want to pay an attorney to help the first time through. In most places, you issue a "pay or quit" notice. That normally gives the tennant 3 days to pay up or vacate the property. The legal procedures differ from there. In some places, you can get the sheriff to evict the people. In other places, you have to go to housing court to get an eviction order. In Pennsylvania you have to go to Landlord-Tenant Court to get an eviction order. -- D.F. Manno dfm2a3l0t2@spymac.com "The work goes on, the cause endures, the hope still lives and the dream will never die."



Roseb44170@aol.com (Rose)	2/28/2005 5:50:00 PM
On Wed, 23 Feb 2005 08:38:32 -0500, whilst I was lookin astol10014@hotmail.com wrote: I have a tenant that fell behind in his rent. I took him to court and won a judgement for the past due rent about 6 months ago. From that time forward he has been paying his monthly rent plus extra each month to make up for the past due rent. He has paid off half of what he owes in back rent but has started back on his old habits of not being able to pay the rent in full each month or the additional monies on back rent. I am wondering what the procedure is for having him forcibly evicted by the sheriff. He is currently on a month to month lease and the property is located in Montgomery County in Pennsylvania. I am assuming I have to give him a months notice to vacate the property and if he doesn't bring him to court and have some kind of judgement entered against him? And once I receive that judgement I can go to the sheriff's office and file to have him evicted? If someone can walk me through the steps of what kind of lawsuit I have to file to final forcible eviction I would be much appreciative. Also, is there anyway I could avoid hiring an attorney for this? After the past money he already owes me and the months it will take to throw him out I would like to avoid any additional costs. Thank you. What you are going through sounds so familiar to me. I live in Montgomery County as well. (My community page is at: http://members.aol.com/Roseb44170/lamott.dir/lamott.htm) I helped a relative legally evict someone from a rowhouse in Phila. The first thing I had to do was draw up a formal eviction letter. I used a template from a disk that had some basic legal forms on it. It had to be delivered one of those special ways where the tenant had to sign for it. The eviction letter had to specify 30 days. Once that has passed you have to take a copy of the letter downtown and show that you went thru this first step according to their guidelines/procedures. You would be surprised by the number of people who were there besides me and had to go through the whole process over (and over) again because their eviction letter wasn't worded properly. Even though it may be different now when I did it you had to get one writ (pay the fee), let some more time pass and get the 2nd writ (and pay another fee) and then you go to court - landlord/tenant court - which by the way is quite crowded! My side won because the tenant ignored the first court date and he didn't have a valid reason for not paying the rent - so the judge awarded the back rent, a front door that the tenant had "taken" and the tenant had to get out of the property. Now my relative hasn't seen a dime of that back rent but the tenat was evicted! Rose http://members.aol.com/Roseb441702/grants.htm Grant Basics 101!

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