Legal Question in Landlord & Tenant Law in Pennsylvania
hi, I've recently given my tenants an eviction notice. Im almost positive that I am going to end up having to file a landlord/tenant complaint. To properly access the damages to the property so I am able to put a figure on the filing complaint I need to access the house and get some pictures, however the will not grant access to the house. My question is How am I legally able to enter the house to get an estimate on the damages for the landlord/tenant complaint? Legally if I cannot get access before the courts kick them out then do I just file another complaint after they have moved out? Also, in my lease it does state the landlord is able to enter given a 24hr notice, Ive given the notice however the tenants refused access. Thanks in advance for the replies.
1 Answer from Attorneys
If they do not vacate the premises, you will have to file a District Justice complaint anyway. When you file the Complaint, make sure that you request possession of the premises. Your obligation with respect to the security deposit does not begin to run until they vacate. Asking for possessioon of the premises is a normal part of every eviction complaint, as well as back rent. They then have, I believe 15 days to vacate or appeal. In order for the appeal to act as stay or delay of the DJ's Order, they have to pay the rent due into the court during the appeal. If they fail to do this, you can go to the Prothonotaries Office, file a Praecipe for Possession, then go to the Sheriffs Office and have them physically evicted.