What Is The Philadelphia Eviction Process?
A rental agreement is between a renter and a landlord. Additionally, the terms of the agreement are clearly stated. The expectations are to pay rent on time, while respecting the property and neighbors. If a tenant stops paying rent or breaks the terms of their lease, they’re subject to eviction. A Philadelphia eviction process is when a landlord files a lawsuit against the tenant in court, typically over a lack of rent payment.
On average, in Philadelphia, an eviction can begin 10 days after failure to pay rent. The Philadelphia eviction process is time-consuming and a hassle. The four stages of eviction; starting with the legal notice, ending with collecting unpaid rent or damages.
Understanding the Philadelphia Eviction Process
The landlord will initiate the four stages of the eviction after a discussion with the tenant. The discussion happens within a couple of days after the tenant fails to pay rent. Furthermore, if the conversation doesn’t result in payment, it’s time to start the eviction process. Below are the steps for proceeding with a court lawsuit against the non-paying tenant or potential squatter in PA.
Notice to Quit: Step One
The notice to quit is the first step a landlord takes when evicting a tenant. Therefore, the landlord files the reason for the eviction. The reasons behind eviction vary from lack of rental payment, damages to the property, or even illegal behavior.
File the notice to quit ten days after the failed payment. Furthermore, hiring a document process server is essential when serving court paperwork. That way, there’s a paper trail for the court, stating that the non-paying tenant received the notice. On average, the notice to quit takes 10-30 days.
Filing a Lawsuit (Unlawful Detainer Action)
The intention of the notice to quit is for the tenant to pay rent or vacate the property. Forcing the individual to understand that the landlord will not tolerate any disregard for the lease. However, the threat of a lawsuit doesn’t always work, and action is required. If the individual doesn’t vacate the premises, it’ll call for filing a lawsuit and taking it to court. The lawsuit usually filed and processed within just a couple of days or multiple weeks. However, it’s vital to note that to remove a tenant through the court, the landlord needs a rental license.
Court Order for Possession
The next step in the Philadelphia eviction process is a court order for possession. When a court order for possession occurs, the tenant and landlord go in front of the judge. The judge determines if the situation breaks the lease terms or if the tenant didn’t pay. If the landlord wins, the judge orders the tenant to vacate. If they don’t vacate, the judge calls for a “Writ of Possession,” which allows law enforcement to remove the former tenant. Follow the order within 7 to 10 days after the court hearing.
Collect Unpaid Rent or Reimbursement for Damages
Following the court proceedings, a lien can be filed to receive money for unpaid rent or damages. At times, the judge can place a lien on their employment pay. Therefore, the court directly deducts a certain amount of money from the individual’s check to give to the landlord. It’s undesirable to have an eviction on your record while having a lien against your name.
How to Avoid the Philadelphia Eviction Process
As a Tenant
- The way to avoid eviction is clear communication. Things happen in life, so attempt to work out a payment plan with your landlord. Never avoid paying rent; landlords also have bills to pay, including mortgages. Additionally, most landlords will work with their tenants to find a solution. Having an eviction on your record harms your credit. Also, evictions can prevent you from renting another apartment or even receiving a car loan or a mortgage loan.
As a Landlord
- The best way landlords can protect themselves from the Philadelphia eviction process is with a detailed background check. Properly screening your potential tenants can avoid any issues. A background check consists of pulling the individual’s credit score, rental history, potential evictions, and criminal history. Additionally, most landlords require a credit score of at least 680 and a stable employment history. Lastly, the landlord may require the first month’s rent, last month’s rent, and security deposit as another way to protect themselves.
How to Stop Eviction in PA
The best way to stop eviction in PA is to pay rent or vacate the home. It’s vital for communication between the landlord and tenant. Communication leads to an agreement; figuring things out before the court process can save time and money. It’s not cheap to hire an attorney and pay court costs. Therefore, if an eviction can be stopped or avoided, try everything possible before going to court. If you’re a tenant who can’t pay rent, discuss things with the homeowner. The result can be vacating the property and paying some money for breaking the lease terms. Additionally, the landlord can offer cash for keys to have the non-paying tenant leave the home.
No one Benefits from the Philadelphia Eviction Process
The eviction process will cost all parties money and resources. An eviction is a financial burden on the landlord for missing income; the landlord comes out of pocket on expenses and the mortgage payment. Additionally, the tenant will have an eviction on their record. Evictions prevent individuals from receiving loans or getting accepted for future housing. There are short and long-term consequences for evictions, so avoid them at any cost.
Communication is key, and an agreement should be made to avoid the hassle associated with eviction. If an eviction is necessary, remain professional, obey the law, and follow the Philadelphia eviction process.