Legal Question in Landlord & Tenant Law in Pennsylvania

How do you submit a motion to vacate if there are two plaintiffs and one cannot be found to sign the motion, but the other one is willing?


Asked on 2/10/11, 11:22 am

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

First, i am assuming there is a written lease. Second, when you indicate there are 2 palintiffs, am I correct that there are co-landlords or do you mean 2 tenants?

Under any circumstances, I am assumin that the tenants are in breach of the lease, as they have not paid rent. If this is not the case, then you can still file a Complaint in Eviction, evenif there are co-landlords.

What you should first do is give written notice to the tenants (hand delivered) of the termination of the lease agreement or rental and require them to vacate either in 15 days, or in accordance with any written lease provisions.

Second, if they do not leave, you should go to your local District Justice Office at 7804 Montgomery Avenue - (215) 635-1535

or

8230 Old York Road - (215) 885-4796

This assumes that the property is located in Montgomery County. If not, then you should go to a District Justice in the county where the property is.

At the DJ office advise one of the clerks that you wish to file a Complaint for Eviction. They are usually very helpful and will provide you with the correct forms and instructions on filling them out. You then file the complaint with the court, and they will serve a copy on the tenant and schedule a hearing date.

If there are co-landlords, you should still be able to do this on your own.

If there are 2 tenants, on the lease, then you should still be able to proceed as long as you can get service on one of them. If the 2nd tenant has left the area, you still should be able to regain possession of the property.

If you do not feel comfortable following the above procedure, you should consult a lawyer for further advice.

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Answered on 2/13/11, 10:12 am


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