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View Full Version : How much time is legal for an evection


cbeswetherick
Jul 13, 2009, 07:53 PM
How much time does a landlord have to give a tentant to vacate?

N0help4u
Jul 13, 2009, 10:59 PM
What state or country?

LisaB4657
Jul 14, 2009, 04:35 AM
It varies by state and it also varies by reason. If the cause is non-payment of rent then it can be anywhere from 3 to 10 days. If the landlord just wants to end the tenancy (in the case of a month-to-month tenant) then it can be 15 to 60 days. Tell us your situation and location and we can give you a better idea.

ScottGem
Jul 14, 2009, 04:44 AM
As Lisa pointed out, we can't answer this without more information. If you had spent some time browsing this forum for similar threads (and there are hundreds) you might have found your answer or, at least, known what information to provide so we can help.

HotPotato2009
Jul 14, 2009, 12:39 PM
Like everyone else said it varies by state.

Usually you get the eviction letter posted on your door (embarassing), then you have to go to court. Then after court you have 30 days to evacuate the property.

ScottGem
Jul 14, 2009, 02:23 PM
Like everyone else said it varies by state.

Usually you get the eviction letter posted on your door (embarassing), then you have to go to court. Then after court you have 30 days to evacuate the property.

This is not the general procedure. First notice is served. When the notice expires the landlord files for an eviction order. The tenant is served with a summons for a hearing. At the hearing a final eviction order will be issued. How much time the judge gives is dependent on circumstances, but is rarely as much as 30 days.

this8384
Jul 15, 2009, 06:24 AM
Like everyone else said it varies by state.

Usually you get the eviction letter posted on your door (embarassing), then you have to go to court. Then after court you have 30 days to evacuate the property.

This is completely jumbled and not how it works whatsoever. You don't get a notice posted on your door prior to a hearing. And I've never heard of a tenant being given 30 days to vacate the property; every time I've won, the defendant is given no more than 7 days. If they refuse to leave, I can have the sheriff forcibly remove them from the premises.

HotPotato2009
Jul 15, 2009, 06:37 AM
Well like Lisa said IT VARIES BY STATE! What state do you guys live in??

In my town that's how it is done.

this8384
Jul 15, 2009, 06:41 AM
Well like Lisa said IT VARIES BY STATE! What state do you guys live in???

In my town thats how it is done.

Wisconsin. And when she said it varies by state, she meant the amount of time - not the procedure.

What state are you from?

HotPotato2009
Jul 15, 2009, 06:49 AM
I;m from PA.

Oh, I've never been evicted before. But I've lived through eviction when I was younger and that is how I always seen it done

this8384
Jul 15, 2009, 06:53 AM
I;m from PA.

Oh, I've never been evicted before. But I've lived through eviction when I was younger and that is how I always seen it done

You're still wrong. In PA, the landlord gives a 30 day notice. If the tenant doesn't move, the landlord files in court. If the landlord wins, THEN the notice is posted on the door - not before.
Guidelines for Pennsylvania Residential Eviction (http://rhol.org/csu/evictions/PA/PennsylvaniaSteps.htm)

EDIT: You don't need to type in CAPS lock, which is the equivalent of shouting. This is a Law Board and our answers must adhere to the law; we can't give answers that are guesses. Your answer was wrong as to the eviction process.

HotPotato2009
Jul 15, 2009, 08:25 AM
Excuse me for being wrong. I didn't know that

this8384
Jul 15, 2009, 08:29 AM
Excuse me for being wrong. I didn't know that

And you're wrong again by giving me a reddie. You can find the site rules here:

https://www.askmehelpdesk.com/forum-help/using-comments-feature-official-guidelines-24951.html

HotPotato2009
Jul 15, 2009, 08:30 AM
Oh sorry lol

HotPotato2009
Jul 15, 2009, 08:31 AM
What's a reddie anyway? I don't get it?

this8384
Jul 15, 2009, 08:31 AM
Oh sorry lol

Additionally, I have no idea what you even "disagreed" with.

this8384
Jul 15, 2009, 08:38 AM
Whats a reddie anyway? I dont get it?

Did you bother to click the link I provided you?

ScottGem
Jul 15, 2009, 11:15 AM
I have to admit it, but HotPotato is partially correct. According to this site;
Guidelines for Pennsylvania Residential Eviction (http://rhol.org/csu/evictions/PA/PennsylvaniaSteps.htm)
When the court issues an order to vacate after the hearing, the deadline to vacate cannot be less than 15 days. If the tenant still refuses to vacate, the landlord has to wait another 15 days (minimum) before he can have a sheriff remove the tenant.

this8384
Jul 15, 2009, 11:20 AM
I have to admit it, but HotPotato is partially correct. According to this site;
Guidelines for Pennsylvania Residential Eviction (http://rhol.org/csu/evictions/PA/PennsylvaniaSteps.htm)
when the court issues an order to vacate after the hearing, the deadline to vacate cannot be less than 15 days. If the tenant still refuses to vacate, the landlord has to wait another 15 days (minimum) before he can have a sheriff remove the tenant.

I posted a link stating that already.

What she is not correct about is them posting an eviction notice on your door before going to court.

JudyKayTee
Jul 15, 2009, 12:38 PM
I;m from PA.

Oh, I've never been evicted before. But I've lived through eviction when I was younger and that is how I always seen it done



Really? Here's how Pennsylvania eviction law works:

Without going into great detail:

They must go to court, which usually involves these important steps:

"1. Written notice. Unless your lease says otherwise, your landlord must give you a written notice before filing an eviction case against you. The notice tells you when the landlord wants you to move. The amount of time the eviction notice gives you to move depends on the length of your lease and the reason you are being asked to move. If you are being evicted because you did not pay rent, your landlord must give you a written notice at least 10 days before filing an eviction case.

If you are being asked to move for any reason other than nonpayment of rent, your landlord must give you a written notice

15 days before filing an eviction case, if your lease is for one year or less; or

30 days before filing an eviction case, if your lease is for more than one year.

Your lease can provide for a longer or shorter notice, or no notice at all.

If you have not moved out by the date stated on the eviction notice your landlord gave you, your landlord cannot just throw you out. He or she must still file a landlord/tenant complaint and go to court, as described below."

Pennsylvania Evictions (http://www.rentlaw.com/eviction/paeviction.htm)

N0help4u
Jul 15, 2009, 02:35 PM
I;m from PA.

Oh, I've never been evicted before. But I've lived through eviction when I was younger and that is how I always seen it done

Yep Judy posted the proper Pa procedure. Laws have changed in the past 20 yrs because of too many people moving in and then they don't pay their rent and save it so they can use it to move when they get evicted. I knew several people that did that. They had kids and the system gave them 30 days or months before they could be evicted because they had kids. Many of them moved 3 times a year or more never paying the landlord a dime after the first month.

ScottGem
Jul 15, 2009, 02:49 PM
I posted a link stating that already.

What she is not correct about is them posting an eviction notice on your door before going to court.

Yeah we crossed paths in our posts. I do find it amazing that PA permits a tenant who may be non paying or otherwise in breach, to remain in possession for up to 30 days after the landlord wins a judgment. That is way too tenant friendly.

this8384
Jul 16, 2009, 07:56 AM
Yeah we crossed paths in our posts. I do find it amazing that PA permits a tenant who may be non paying or otherwise in breach, to remain in possession for up to 30 days after the landlord wins a judgment. That is way too tenant friendly.

Isn't it though? Wisconsin isn't that far off; if a tenant moves out and leaves their utility bill unpaid, the utility company simply adds the tenant's unpaid bill to the landlord's tax roll for that year.