Under Pennsylvania law, a landlord cannot evict a tenant without obtaining a court order. This is true even if the tenant has not paid rent, violated the lease agreement, or behaved in a way that warrants eviction.
To begin the eviction process, the landlord must file a complaint with the Magisterial District Court in the county where the rental property is located. The complaint must state the reason for the eviction and provide evidence to support the claim. The landlord must also provide the tenant with a notice to quit or vacate the premises.
Once the complaint is filed, the tenant will receive a summons to appear in court. At the hearing, both parties will have the opportunity to present their case and the magistrate will make a decision on whether or not to grant the eviction.
If the landlord is successful in obtaining an eviction order, the tenant will have a certain amount of time to vacate the property before a constable can forcibly remove them. If the tenant refuses to leave, the landlord can also pursue a judgment for back rent or damages.
It is important to note that there are certain limitations and exceptions to the eviction process. For example, landlords cannot evict tenants in retaliation for exercising their legal rights, such as reporting code violations or requesting repairs. Additionally, tenants who are victims of domestic violence or have children under the age of 18 may have additional protections under Pennsylvania law.
If you are a tenant facing eviction or a landlord contemplating eviction, it is important to seek legal advice from a licensed attorney. They can advise you on the specific laws and regulations that apply to your situation and help guide you through the eviction process.
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