Evictions
Evictions are actions brought by a landlord for possession of the property to remove a tenant or otherwise regain possession. If a landlord is pursuing an eviction, he/she may pursue monetary damages including, but not limited to, rent owed and compensation for damages made to the property, during the same proceeding.
An eviction case must proceed in a certain manner. If a notice to quit is not waived in the lease, then the landlord must provide a notice to quit to the tenant. If the tenant has not vacated the property and the period specified in the notice to quit has lapsed, then the landlord may proceed with filing a landlord/tenant complaint. After the complaint is filed, it is served on the tenant by first class mail and by constable. A hearing on the matter must be held within 7 - 15 days of the filing date. A judgment will be issued within 3 days of the date of the hearing. Appeals from judgments entered in eviction matters are filed in the Prothonotary's Office located at the Court of Common Pleas, 14 N. Main ST, Chambersburg, PA 17201.
For more information regarding the rights of landlords and tenants, please see the Consumer Guide to Tenant and Landlord Rights created by the PA Attorney General.
More Information
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Video
Pennsylvanians for Modern Courts created a video presentation which outlines the various duties and obligations expected of both landlords and tenants and how to seek recourse when these obligations are not met. It covers how a case gets to court, courtroom etiquette, what happens in the courtroom, and the documentation you need to support your legal position.
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FAQs
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I let my friend move in and now she won't leave. What can I do? Unfortunately, there is no simple answer to this question because the answer changes based on the facts of each situation. For legal advice on how to proceed, please contact an attorney. Free attorneys in Franklin County who may handle these matters are MidPenn Legal Services, and Franklin County Legal Services. Private attorneys in Franklin County can be found by using the Franklin County Bar Association's Find A Lawyer Program. The District Court only has authority to hear the matter if a landlord/tenant relationship exists.
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Do I have to put a notice on my tenant's door before I file for eviction? A notice to quit is written notice required to be given to the tenant in person or on the door IF such notice is NOT waived in the lease.
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My tenant won't pay the rent. Can I just change the locks? As long as the tenant has not abandoned the property you are prohibited by law from using self-help methods such as this.
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My tenants are paying their rent on time but I want them out. What can I do? Please read your lease carefully and follow it. Most leases have a provision regarding early termination. If there is no written lease, you must give them a notice to quit.
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There's no lock on my exterior door and my landlord won't fix the leaky roof. What can I do? There is an Implied Warranty of Habitability in Pennsylvania, which means that in every residential lease in PA (whether oral or written) there is a promise (the Warranty) that a landlord will provide a home that is safe, sanitary, and healthful. If this warranty has been violated, then you have remedies. You may want to contact an attorney for guidance on how to proceed. Free attorneys in Franklin County who may handle these matters are MidPenn Legal Services, and Franklin County Legal Services. Private attorneys in Franklin County can be found by using the Franklin County Bar Association's Find A Lawyer Program.