Legal Question in Landlord & Tenant Law in Pennsylvania
My fiance was paying rent for a room in PA (through a verbal agreement).
One day, the landlords called the police and had him escorted off the property and put all of his belongings in the front yard. We are suing them in small claims court so we can get back the money we had to pay out because of them illegally evicting him. I have copies of all of our receipts and even a copy of a letter one landlord wrote to him saying he owed back rent (which he did not, I'm keeping it as proof that he was paying rent to live there).
They have come back and are countersuing my fiance for for back rent. Do they have a case? He never got receipts for his payments but they never documented anything either.
My biggest question is, will it hold up in court if they just say that he owes even if he doesn't and they have no proof? They've even hired a lawyer, but we cannot afford one.
1 Answer from Attorneys
No tenant may be thrown out of a rented home without a court order.
Landlords first have to give written notice to the tenant that there is a default [such as non-payment of rent], and then landlords have to sue in court to evict. Even with a judgment to evict, they have to seek court approval to enforce the judgment. Police should not be participating in what sounds like an illegal eviction.
If your fiance cannot afford a lawyer, he should find out if he is eligible for legal assistance through Community Legal Services.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
