Legal Question in Real Estate Law in Pennsylvania

Hi, Thank you for your question. My name is Andrea and I am a Licensed, practicing Pennsylvania Attorney with over 25 years experience in Real Property Law and Transactions, as well as Family Law.

In Pennsylvania, if an individual remains in certain property for 30 days or more, with or without a lease, the law regards them as a "tenant" and all the rules governing tenancies must be observed.

Therefore, if you want to remove this individual from your property, here are the steps you must take -

1. Write him a formal letter, informing him that the letter is his 30 day Notice to vacate the property, and remove all his personal property. Demand that he vacate the property within 30 days of the date of the letter. . Add the address of the property in the subject section of the letter (the "Re: " section at the beginning of the letter);

2. Make 2 copies of the letter;

3. Send the original letter by Certified Mail, Return Receipt Requested to your ex;

4. Send the copy of the letter by regular mail;

5. Keep a copy for yourself and put the Certified Mail Number on it for your reference;

6. Make 3 copies of the letter because you will need them for Court if he does not vacate the property;

7. If he does not vacate within 30 days of the date of your letter, then go to the Magisterial District Court for the area in which the property is located and ask one of the Clerks for the form of "Complaint" to fill out to evict a tenant;

8. Fill out the form. There will be a line, asking you if he owes you rent and another line asks you the value of any damage the tenant has done to the property. Fill out the form completely and return it to the Court Clerk. Within a few days, you will receive the same form with the Court date listed;

9. Go to Court on the date indicated on the form you receive from the Court. You are the Plaintiff and you will speak first. Tell the Magisterial District Judge your situation, that you have asked him both verbally and in writing to vacate the property, he has refused, and you were forced to bring this action. Also tell the Judge the amount of rent he owes and any other amount he owes for utilities, damage to the property, etc., and anything else he was suppose to pay, but did not pay. Then ask the Judge to enter judgment in your favor and, most importantly, ask the Judge for an Order granting you possession.

10. The Judge will tell him to move out and enter judgment against him.

If your ex does not vacate the property, there is an entire procedure you must follow which includes the Sheriff. Let me know if you need help at this stage,

I hope this information helps,

Kindest Regards,

ANDREA G. TILLIS