[slatera]

Hi Ask Me:

I am the sole owner of a home in Philadelphia, PA. who recently broke up with a man that resides there as well. He is unable to pay the mortgage as he promised and it is costing me. How do I evict him legally as he hold no leases agreement or anything?

[JudyKayTee]

If there is no written agreement, landlord must give tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to leave. If the tenant is behind in the rent and has an oral lease with the landlord, the landlord needs to give only fifteen (15) days notice between April 1st and September 1st, but thirty (30) days notice between September 1st and April 1st.

It the tenant is not out of the property by the end of the eviction notice, the landlord must file a complaint with the appropriate District Justice's office. A hearing will be scheduled and the local Constable will serve the complaint on the tenant.

At the hearing both sides present proof and both sides bring supporting documents, photographs, witnesses, evidence.

If the landlord wins, there will be a judgment for possession and the tenant will be ordered out. Fifteen days must pass - without the tenant moving - before the Constable serves an Order for Possession on the tenant. This Order advises that unless the tenant is out (and that date must in another 15 days) the Constable will physically remove the tenant and place his/her belongings in a professional storage unit with the tenant responsible for costs and fees.

It is (obviously) 30 days between the decision and the tenant being removed (two 15-day periods).