Learn the Eviction Process in your State! Different states have different rules in place for evicting someone who wont leave depending on whether or not they pay rent, have a signed written agreement with you, and/or whether you own or rent the property theyre staying in. How Do You Get Them Out If They Wont Leave? To do so, a landlord must first provide a 10 days COLLECTING PAST DUE RENT If you have a renter who owes you money, you have a few options. Stopping hobbies or other activities that provided pleasure in order to drink. This is done just as a landlord would evict an individual who has a lease. The cost of an eviction in Pennsylvania for all filing, court, and service fees can vary heavily based on the claim amount. The notice must be delivered by one of the following methods: It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice. Answer: Grounds for evicting a family member can include non-payment of rent, damaging the property, engaging in illegal activities, violating terms of the lease agreement, and overstaying a agreed-upon visit. However, as noted above, sometimes just the act of paying rent to you makes the person your subtenant (or your tenant if you own the property theyre living in). [11]of receiving it from the court. Once the eviction occurs, the renters county assistance office can help with emergency shelter as can churches and community agencies in their area. Its up to the officer to determine whether its acceptable or not. Steps to Evicting a Roommate / Family Member / Someone Not on the Lease: Determine if the person's a guest, roommate or tenant. For cases filed in Magisterial District Court, the average cost of eviction is $409. You'll save money on court costs and attorney fees, and your nephew and his family avoid having an eviction record, which would make renting a lot harder. Living with a family member or friend who struggles with a substance use disorder, the clinical name for a drug addiction, can be hard. Examples of illegal activity are: A Pennsylvania eviction process does not allow a landlord to evict a tenant without good cause. To evict a non-paying person, you should give the person a 15-day Notice of Termination of Residence. Pennsylvania state law considers rent late if it is one day past due for both month-to-month and fixed-lease tenants. Include all required information, such as the persons name, the address of your home, and a reason for the eviction. Although similarities exist nationwide, tenants and landlords rights differ significantly. If the landlord fails to appear, the court will dismiss the case. If the eviction is because the tenant has not paid rent, they can stop the proceeding any time by paying the amount due before the eviction takes place. If your family member does not leave the home at the end of the period stipulated in your written notice, you will need to start eviction proceedings. Both parties must uphold written lease or rental agreement terms to avoid violations. If you wanted to evict someone from your home in that state, you must provide a formal notice and give them 10 days to vacate. Not allowing any person on the premises to destroy, deface, impair, or remove any part of the dwelling unit. But before taking any legal action, you must first determine how the law classifies the unwanted family member. Recovering from an alcohol use disorder takes time. [11]to move out before law enforcement officials return to forcibly remove tenants from the rental unit. Sometimes, family members can be dangerous to have inside, especially if you have children living in your home. Many states will also want you to provide the court with a copy of the eviction notice. Tenants who stay within the rental premises even a day after their term ends may be evicted. If a tenant is late on paying rent (full or partial) in Pennsylvania, the landlord can serve them a 10-Day Notice to Quit. They can be called: Its important to get this right, since some case types can only be filed if theres never been a landlord/tenant relationship, and others can only be filed if there has been a landlord/tenant relationship. Find your insurance. Even then, the only person authorized to remove the tenant is a sheriff or constable, or any other individual authorized by law. Since there is no lease you must do an Action for Ejectment in the Court of Common Pleas. The local government may decide to update the Landlord-Tenant act, especially in the light of the COVID-19 pandemic so be sure to doublecheck these things with your local county. Landlord-Tenant Laws on Withholding Rent in Pennsylvania, How to File an Eviction Notice to a Live-In Boyfriend in Pennsylvania, Community Legal Service of Philadelphia: The Eviction Process in Philadelphia County, Pennsylvania Legislature: 1951 Act 20 Section 503 Hearing; Judgment; Writ of Possession, HUD.gov: Know Your Fair Housing Rights When You Are Facing Eviction, Pennsylvania Legislature: 1951 Act 20 Section 505-A Use of Illegal Drugs, Pennsylvania Legislature: 1951 Act 20 Section 501 Notice to Quit, Attorney General.gov: Consumer Guide to Tenant and Landlord Rights. But how this is accomplished varies by state. Unfortunately, this is a longer and more expensive legal process than a landlord tenant eviction. Typically, a roommate is someone who shares living expenses, such as rent and utilities, with you. Filing fees may vary, for example in Adams County, this costs $167-$222depending on how much the tenant owes the landlord in back rent or other expenses. Nearly every state has protections in place to help victims of domestic violence/abuse permanently remove the abuser from your home/apartment. Appeals can take a few weeks to a few months, and may require additional filing fees, depending on the state. Eviction might not be the solution for an individual with a substance use disorder. Because of this, subtenants and tenants are the easiest types of people to remove from your property since theres a clear-cut process to follow in nearly every state. Do you knowyour rights as a Tenant? Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. Remembering that substance use disorders and mental health disorders are treatable. Frequently Asked Questions: Evicting Guests, Roommates, Family Members, and Other Unwanted Occupants from Your Home How do I evict a guest, roommate or family member? To do so, they must first terminate the tenancy by giving proper notice to move out. Eviction for Violation of Lease or Responsibilities, 30-Day Notice to Quit (No Lease/End of Lease), 15-Day Notice to Quit (Lease Violation -Tenancy Less Than 1 Year), 30-Day Notice to Quit (Lease Violation- Tenancy More Than 1 Year), Step 2: Landlord Files Lawsuit with Court, Step 5: Possession of Property is Returned, Flowchart of Pennsylvania Eviction Process. The eviction laws in Pennsylvania differ slightly from county to county, but the eviction process stays fairly the same: A good landlord-tenant relationship makes the process easier because there may be no need to file a complaint to the court for an eviction action or an eviction lawsuit. If, on or after the 11th day following the service of the order for possession in cases arising out of a residential lease, the tenant or any unauthorized occupant remains on the real property, the officer executing the order for possession shall use such force as may be necessary to enter upon the property, by the breaking in of any door or otherwise, and to eject the tenant and any unauthorized occupant and shall deliver possession of the real property to the landlord or the landlords agent. (b) in case of the expiration of a term orbreach of the conditions of the lease where the lease is for any term of one year or less or for an indeterminate timethe tenant shall remove within fifteen days from the date of service thereof, and when the lease is for more than one year, then within thirty days from the date of service thereof. As of August 31, 2020, evictions are no longer on hold in Pennsylvania according to legislation. Step 3: Contact Law Enforcement / Deliver Notice, The fact that if the person doesnt move out within a certain time frame (as determined by your states laws) youll file a court case to remove them from the property, Any other sentences required by state law to be on the notice (for example, You have the right to contest this eviction in court.), Hand-delivering a copy of the notice to the unwanted occupant, Posting a copy of the notice in a conspicuous place at the property, Leaving a copy of the notice with a family member, another occupant, or a co-worker. Forcing your way into locked rooms or apartments. How to legally remove an addict from your home. Posting a copy in a conspicuous place at the rental unit. [6]after the summons is issued by the court. If you dont live in a state that allows law enforcement evictions in these situations, youll be required to file some type of court case to get the party removed. If your landlord filed the court case, the landlord will be required to attend the hearing. Oops! If the tenant doesnt pay rent, and they dispute that claim, its important that you show the judge the following: If you are evicting the tenant for lease violations, for example, noise complaints, unauthorized pets, or property damages, its important to show proof from any of the following methods: Examples of illegal self-help evictions include changing the locks, taking the tenants belongings, removing the front door, or turning off the heat or electricity, but can be many other things. Ensure your family member is well-aware of changes before they happen. [2]notice to vacate. For example, in Nevada, guests are tenants-at-will and must be given a 5-day notice to leave the property and then a second 5-Day Notice to Quit for Unlawful Detainer prior to filing an unlawful detainer case in court. Fill out the Landlord-Tenant Complaint Form, The Summons and Complaint is delivered to the tenant in person, A copy of the document is placed in a secure and visible position by the entrance of the tenant's rented property, A copy of the deed and the lease/rental agreement. How Do You Know If You Should Evict a Family Member? Thank you! Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. There are legal actions you can take to ensure they vacate the premises. If they are not paying rent, some jurisdictions allow for eviction after they are served with a formal notice of the terms.2, Its not easy watching a loved one battle a substance use disorder. Contact law enforcement /deliver an eviction notice (if required). Some states, for instance, require a formal eviction, or civil case, to remove tenants who have never paid rentif they have been living in your home with the promise of paying rent or doing other work in exchange for a place to stay.2 For that reason, it is important to understand the scope of your states eviction laws. If you decide to evict a family member, it's best to be as gentle as possible to keep your relationship intact for as long as possible. The length of the lease dictates when the landlord asks the renter to leave. After the 10-day appeal period passes, the property owner can file for a Writ of Possession, which is served to the renter or posted on the property. The landlord must provide a strong argument backed up by solid evidence against the tenant in order to win. While a house guest is not technically a tenant, certain tenant-landlord laws still apply to the relationship if they've been with your for more than 30 days. There is no lease. Do you know your rights as a Tenant? If they have already paid rent, or a judge determines they don't owe anything, they can simply appeal. In other states, law enforcement officials receive a copy of the eviction notice, and theyre responsible for removing the person and their belongings from the property. The statute also gives the tenant the right to stay. It can seem daunting to take this kind of action against someone close to you, but its in your right to evict someone from your home. You cannot just kick them out of your home. Both landlord and tenant must uphold the terms of the lease/rental agreement at all times and avoid lease violations. Do you understand the Eviction Process? Travis Gray is a licensed attorney in three states with experience handling eviction and foreclosure cases. This means filling out paperwork explaining why you want to remove the occupant from your property/rental unit. Seeking professional support for your loved one or friend. If you live in a state that doesnt require you to go through the courts to remove someone whos overstayed their welcome, like Arizona, consider yourself lucky. After that, the tenant has 10 days to move out of the property. Here are the 10 things every rental property manager should know. Sometimes, a lease may even indicate no notice is required prior to proceeding with legal action. Evicting a family member from your home can be challenging, even if they have no lease and aren't paying rent. This notice gives the renter 10 days to pay their unpaid rent. To remain in the unit during that time, they must pay either the rent amount stated in the judgment or three-months' rent, whichever is less, at the time of filing their appeal. Landlords are not required to allow the tenant to correct the issue to avoid eviction. In many states, if the landlord wasnt aware that you had someone staying with you, or the landlord didnt give you permission to have others stay with you, then your landlord can legally evict them. If the notice is for nonpayment of rent, it should include the amount owed, how and where to make payment, and the deadline to make the payment or move out. The notice must also state the landlords reasons for evicting the tenant. Gather documents relating to your home and the person you wish to evict. If there is no breach, you may need to wait out the length of the lease and then evict them at the end of it. Its easy to feel guilty about this situation, but theres no reason to, especially if they're making your life difficult. Otherwise, the landlord may continue filing for an eviction action. Even so, proper notice must first be given before ending the tenancy. If you warn them, help them, and try to make things better, youve done everything you could to fix the issue. If youre renting, and your roommate, guest, family member, or anyone whos not on the lease will not leave, talk to your landlord. Sometimes, your living situation may change. It can seem daunting to take this kind of action against someone close to you, but its in your right to evict someone from your home. For your own Pennsylvania lease agreement, visit DoorLoop's Forms Page to download a template along with many other forms. Second violation of any provision of the Controlled Substances, Drug Device and Cosmetic Act. Due to the pregnancy or children of the renter or a household member. Unless a lease states otherwise, the landlord must give the renter an eviction notice telling the renter when they need to vacate the leased premises. You can either download the free PDF or Word template, or create your Pennsylvania eviction notice from here using a step-by-step wizard that guides you through the entire process to make sure you are submitting the legally correct notice. If your family member is noncompliant with the lease terms or refuses to leave after you have given them a Notice of Non-Renewal, you may serve them with a written Eviction Notice. Over time, if your guest begins paying rent to you in order to remain on the property, they might be thought of as your tenant or subtenant, even if theres no written agreement between you. The writ will be issued on the fifth day Before a landlord can begin the eviction process for nonpayment of rent, they must notify the tenant with a 10-Day Notice to Quit. A few days, depending on the service method chosen. In Pennsylvania, an eviction can be completed in 1 to 2 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or arent) in session and other various possible delays. These may include documentation proving you own the home, copies of any rent checks the family member has paid you, and a blank eviction notice form. Showing compassion and being patient. While notice requirements still apply, no person is entitled to remain in your home forever.6. In those states, you can follow the same eviction process as removing a tenant from a rental unit. In most states, the attorney general offers resources for both landlords as well as tenants on their websites. David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. If you believe the court made an error in reaching their decision, you (or the landlord, if renting) could file an appeal, explained in step 6 below. However, some states require officers to allow the party to offer some form of proof that they have the right to remain on the property. Evicting someone can be a tricky process, especially when it's a family member. Many states also limit options when it comes to forcing a person out of your home.9 For example, Florida law prohibits a landlord from shutting off utility service or changing the locks before the eviction is finalized.10 Other things to avoid include:11, The Fair Housing Act prevents discrimination based on certain disabilities, which include any condition that causes physical or mental impairment which substantially limits one or more of such persons major life activities.12 This includes addiction to alcohol or drugs.12, That said, homeowners are hardly powerless when it comes to stopping illegal drug or alcohol use in their home. And family members who wont vacate a space are more common than you think. As a first step in those states, youll most likely be required to give the person a written eviction notice before filing the court case. Property owners use it to take back leased property and remove tenants who wont leave.1 While the term typically refers to formal landlord-tenant situations, eviction can happen in households among loved ones, too. Nearly one-third of people who receive treatment for alcohol misuse are symptom free after 1 year.15According to the Substance Abuse and Mental Health Services Administration (SAMHSA), you can help a friend or loved one get the treatment they need by following a few key steps, including:17, It is helpful to remember that even loved ones who have refused help in the past could subsequently agree to treatment in the future.15There are several treatment options available, including:15,18. If the renter cannot attend, they should contact the court to ask if the hearing can be rescheduled for a later date. While it might seem harsh, evicting a family member is necessary in many cases. For a tenant who has lived at the rental unit for 1 year or more with no lease or a month-to-month in Pennsylvania, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. In most states, this involves serving notice to tell them the reasons why you want to evict them and what they can do to avoid it. Theyre also the only case type on this list thats criminal (not civil), and as a result, the person could also face jail time in addition to being removed from the property. (c) At any time before any writ of possession is actually executed, the tenant may, in any case for the recovery of possession solely because of failure to pay rent due, supersede and render the writ of no effect by paying to the writ server, constable or sheriff the rent actually in arrears and the costs. Continuing to drink despite the negative impact on their relationships with family or friends. Find the Eviction Process in the State you live in! Depending on the state you live in, you may need to go through the courts to remove an unwanted occupant from the property. Need more information about landlord-tenant rights in your state? A written lease agreement can vary between tenants. If they dont, the landlord can dispose of the property by selling it or throwing it away. (a) The following acts relating to illegal drugs shall be a breach of condition of the lease (1) The first conviction for an illegal sale, manufacture or distribution of any drug (2) The second violation of any of the provisions of The Controlled Substance, Drug, Device and Cosmetic Act (3) The seizure by law enforcement officials of any illegal drugs on the leased premises. Tenants who have lived at the dwelling unit for less than 1 year must be served a 15 days A tenant can sue you for actual damages plus violations. If the landlord does not do so, the renter should file a request in writing to the court asking to mark the judgment satisfied and serve the property owner with that notice. The final step in the eviction process is to move the tenant out of the premises. If a landlord chooses to evict a tenant, they must always go through a formal eviction process in court. He must be given 30 days notice if the family member has lived in the home for more than one year. Should the tenant fail to move out within their given notice period, the landlord may continue filing for legal action. Lets talk about a few of these so you can determine when eviction should happen. In the eyes of state law, the eviction of a family member or friend from home is a possibility. If the person living with you promised to pay rent, many jurisdictions define them as a tenant even if they didnt kept their promise.2 In some jurisdictions, like Washington D.C., making a promise to perform chores or other services in exchange for a place to stay makes someone a tenant. In Pennsylvania, a landlord can evict a tenant for committing an illegal activity. If the judge sides with you, your family member will be given an amount of time to leave. There are a variety of confidential, free, and no obligation ways to get in contact with us to learn more about treatment. You cannot just kick them out of your home. You simply need to contact law enforcement officials and theyll take care of the rest. The Pennsylvania Landlord-Tenant Act contains legal information that Pennsylvania landlords and tenants can refer to for information about their rights as individuals. Not maintaining a certain level of cleanliness. [6]prior to the hearing through one of the following methods: However, they might be necessary if you cant get this individual out of your house. Leaving the notice at the propertys main building, such as the front door. The law does not allow discrimination based on addiction, with an important caveat: The exception does not cover addiction based on current use.