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Originally Posted by ScottGem

Well, I disagree, As a leaseholder, the law allows you evict YOUR tenant. And I think this guy is YOUR tenant. maybe you didn't explain the situation to her properly. But here's the rub. Since she will be hearing the eviction case, if she does not want to allow it then she can, forcing you to appeal to a higher court.

So I would consult an attorney and find out what law or precedent does not allow you to evict YOUR tenant. Then you can research whether that law or precedent applies and show her that she is wrong as to the law.

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I completely agree with ScottGem. Of course it depends upon the specific law in Pennsylvania, but I too suspect that the magistrate doesn't accurately understand the situation. Now's the time to get an attorney (perhaps an attorney better versed in the subject if the attorney you talked to also things you are "screwed" regarding your right to evict a sub-tenant; you are not clear on that point) to accurately explain the situation to the magistrate (or whomever will hear the eviction action).

I would like to also thank everyone who helped, I did indeed contact a Lawyer who stated I have just cause with all the info that I kept records on is by law considered that the occupant is in fact causing me and my family a Public Nuisance and a Private Nuisance and he will be served with a TRO and we will appear in court to show all he has done including the officer who will testify to this. Thank you again and I will never be put in this situation again ever. No more Mrs nice, family comes first for now on.

Good luck and let us know how it turns out.