Legal Question in Real Estate Law in Pennsylvania

Lanlord wants to move back into property

We have a standard agreement with our landlord, it is written that either the renter or the rentee can get out of lease with a 30 day notice. Well the landlord wants to move into this property. We recv'd the letter July 6. They want to inspect August 1st and move in Aug 2.

This does not give me a very long time to relocate my family of 5. I have 3 children and 2 pets. How solid is the 30 day notice clause. If they evict me I would at least have 120 days, am I right. I don't have a problem relocating I would just like an additional week or 2 to be able to find somewhere to live.


Asked on 7/08/99, 10:12 pm

1 Answer from Attorneys

D Patrick Zimmerman Law Offices of D Patrick Zimmerman

Re: Lanlord wants to move back into property

There is no standard lease in Pa,so it depends on the terms in the lease. If it is a month to month lease, a thirty day notice is required,prior to the aniversary date of lease i.e. payment on first of month,then notice must be received thirty days before the first. In your case, you don't have to be out til September first. With regard to the time it takes to evict, once a landlord/tenant complaint is filed, a hearing has to be held not less than seven nor more than fifteen days. Once judjment is entered,there is a ten day appeal period. If no appeal is filed, then a writ of possession is filed, and eviction occurs ten days after service. Remember however, if you force the landlord to evict you, when you have no legitimate defense, he can sue for wrongful holdover and quite possibly punative damages.

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Answered on 7/13/99, 2:25 pm


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