Legal Question in Real Estate Law in Pennsylvania

real estate sale

what's the difference between a rent to own contract and a land contract concerning eviction proceedures?


Asked on 6/29/07, 11:45 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: real estate sale

I'm not sure, but essentially, the name on the document does not determine what it is; the contents do.

Eviction proceedings are not appropriate for any type of rent to own, lease/purchase, installment land or installment sale contract. All of those are regarded as similar to a mortgage, and must go through foreclosure, which is done in Common Pleas Court rather than in Landlord-Tenant Court.

If you are the purchaser and the seller has sued to evict you in Landlord-Tenant Court, you should bring along a copy of your contract and at the hearing explain that you are not a tenant, but a purchaser, and that the landlord does not have the right to evict you through proceedings in Landlord-Tenant Court.

If you lose at the hearing, you must immediately get a lawyer to take an appeal for you and to assert your interest in the property under the contract.

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Answered on 6/29/07, 12:07 pm


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