Posts Tagged ‘Magistrate’

Pennsylvania Landlord and Tenant Eviction Proceedings

An eviction proceeding is the process used by a landlord to terminate a lease and physically have a tenant removed from a rental property.

Typically, in Pennsylvania the landlord must first give a Notice to Quit, also called an eviction notice. The Notice to Quit must contain certain wording that informs the tenant that the lease has been breached and which sets a date for the tenant to vacate the apartment or rental home.

After giving the Eviction Notice to the tenant, but prior to taking any further legal action, the landlord usually has to give the tenant a certain amount of time to either correct the problem or to move out of the rental property. If the tenant has not corrected the problem or vacated the leased property by the end of that waiting period, the landlord can then file a landlord-tenant complaint with a Magisterial District Judge (previously known as a district justice) seeking the tenant’s eviction. Additionally, the landlord can also usually make a claim for unpaid rent and other fees, and damages which may have been incurred.

The Pennsylvania court system has very strict rules regarding eviction proceedings, and therefore it is critical that landlords carefully follow the correct procedures. If a landlord fails to follow the appropriate rules, the landlord could lose the case and/or find themselves being sued by a tenant.

Most eviction proceedings begin before a Magisterial District Judge. However, if the landlord is not successful before the Magistrate, in order to continue pursue the case, an appeal would need to be filed with the County Court of Common Pleas, seeking a trial for the ejectment of the tenant. Typically, ejectment actions are significantly more complex, technical and usually more expensive to pursue.

Williamson, Friedberg & Jones, LLC
Ten Westwood Road
P.O. Box 1190
Pottsville, PA 17901
Phone: (570) 622-5933
Fax: (570) 622-5033

Williamson, Friedberg & Jones is a full service law firm, providing representation of both individual and business clients in a wide range of practice areas, including business and corporate law, real estate, Chapter 7 bankruptcy and Chapter 13 bankruptcy, elder law, estate planning including the preparation and administration of wills, estates and trusts, and civil litigation, including personal injury, landlord and tenant, and family law.

Williamson, Friedberg & Jones is the oldest and largest Schuylkill County law firm. The attorneys of the firm have numerous offices conveniently located in Pottsville, Orwigsburg, Shenandoah, Pine Grove, Hegins and Tower City. The firm’s lawyers routinely practice not only in Schuylkill County, but also in many other courts located throughout central and eastern Pennsylvania, including Berks County, Northumberland County, Carbon County, Lebanon County, Dauphin County, and Luzerne County.