Every year, landlords in the United States file about 3.6 million eviction cases.
Evicting a tenant is one of a landlord's worst tasks. You might feel sympathy for the tenant, but if they're unable to pay the rent or are violating the lease, the only solution is eviction.
Unfortunately, you cannot evict a tenant on your whims. There's a legal process to follow. This guide focuses on evictions in Chester County, Pennsylvania.
Dive in and get expert guidance.
Reasons for Evicting a Tenant
In Pennsylvania, you can only start an eviction process if your tenant doesn't pay rent on time or if they have overstayed their lease. The law also allows landlords to evict a tenant if they're engaging in illegal activity.
You cannot evict a tenant simply because you want to start using the property as your residence or a vacation rental, unless the lease has such a clause, or there isn't a lease. In either case, you must give the tenant adequate notice.
Attempting to evict a tenant for a reason that's not legally permissible will fail, and the tenant can sue you for violating the lease agreement.
Eviction Notice
Once there's cause to proceed with a tenant eviction, serve them with a written notice. This notice should indicate why you're taking the action. The notice can vary depending on the type of lease and/or the reason for eviction.
For example, if a tenant's rent is late, a 10-day notice to settle the balance or quit suffices. If there's no lease, a 15-day notice to move out is in order. If the lease is one year or longer, a 30-day notice to vacate or comply with the lease violation is issued.
It's prudent to consult an eviction attorney in Chester County to help you prepare an appropriate eviction notice.
It's best to hand a copy of the notice to the tenant in person or post it in a conspicuous place on the property. Avoid mailing it to the tenant since you might not have any proof that they received it.
File a Lawsuit
The best outcome after giving your tenant the eviction notice is for the tenant to move out or pay what they owe. If they do neither, file a lawsuit with the relevant court, upon which a summons will be served to the tenant.
The eviction hearing will be heard within about 10 days, during which the tenant will have an opportunity to make their case. The court then issues a ruling. If it favors the landlord, a writ of possession is issued on the fifth day after the ruling. The tenant has 10 days to move out or be forcibly removed by law enforcement.
At any point during the eviction process, the tenant can settle their rent balance and the eviction will be stopped.
Handle Evictions Like a Pro
Evictions are an inevitable part of being a landlord. They're time-consuming and costly, and you should do what you can to avoid them. A good move is to hire a property manager who will, among other responsibilities, screen potential renters and ensure you're getting high-quality tenants.
Contact Key PA Property Management for all your full-service property management needs in Chester County, PA.
