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Property Law - Eviction - Ejectment

Civil and Criminal Litigation Attorneys

Our Objective is to Add Value to Your Interests and to Your Life Through Vigorous Advocacy

 
Introduction

Philadelphia, Montgomery, Delaware, Bucks, and Chester County Property Law

WHO ACTUALLY OWNS THE ADDRESS? The Philadelphia Office of Property Assessment can be found by using this link: Phila. OPA

The Philadelphia Property Maintenance Code can be found with this link: PPM Code

We produce results for our clients in the following manner: 

NUISANCE: Your neighbors, whether they are owners or renters, cannot rightfully make life hard or miserable for you. Transients, visitors, and business invitees can’t either. We have successfully gained relief for clients who lived near “untidy” neighbors, “noisy” neighbors and worse. Sometimes all it takes is a letter or call from us. Often we can bring about change with a visit to the municipality. Now and then it is necessary to pursue litigation. The point is that you may not have to endure a nuisance because we can produce results. 

TRESPASS, ENCROACHMENT, AND ADVERSE POSSESSION: A client of ours has a home that dates from the 1800s, and it was built right next to the street with no driveway. They built a driveway off the side yard and connected with their neighbor’s driveway and thus to a public road. About 25 years later, our client’s neighbor tried to stop our client’s access to this public road. We produced results by helping our clients prove, assert, and preserve their right to access that public road.

REAL ESTATE SETTLEMENTS: Within the HUD-1 pages, that twelve to fifteen page Agreement of Sale, and the sixty-plus page set of Mortgage Documents, there are a lot of details and interests that an attorney ought to look after for you. We have been to numerous settlements where the sellers ‘sort of’ promised to take care of matters as serious as septic systems, well water problems or some lien. The results we produce for you also include making sure promises are reduced to writing and seeing to the enforcement of those promises.

 
 
Your Strategy as a Landlord

THE LEASE

You own real estate, you desire income, you want to profit and you want the leasehold occupied by tenants. You want the leasehold occupied under the most attractive terms negotiable. You need an enforceable lease. Though this seems like a truly simple concept, you would be amazed at how little time is spent on the creation of the lease document. If the attorney who drafts your next lease is also the attorney who will enforce it, consider the inherent strength. If the attorney who drafts the lease also customizes it to the tenant by asking the right questions (of the landlord or tenant), many potential problems may be uncovered. This will help you avoid costly evictions, and if eviction is finally needed, this will be a factor in your success.

THE EVICTION PROCESS

As a last resort to the breakdown of the landlord-tenant relationship, the First Judicial District of Pennsylvania provides the Philadelphia Municipal Court where landlord-tenant complaints can be filed. This court’s speedy resolution of such complaints provides the landlord with a means of lease enforcement. There are several steps involved in eviction before and after your day in court, possibly including but not limited to:

1) Notice to the tenants,
2) Service of process,
3) The Writ of Possession,
4) The Alias Writ
5) The lockout,
6) Removal of tenant’s personal property, and
7) Debt collection.

I produce results for my clients by assisting with any and all of these steps.

 
 
Filing The Complaint

Philadelphia Municipal Court Electronic Filing System Public Login can be found using this link: Phila. Muni. Court

Philadelphia Court of Common Pleas Website Can be found using this link: Phila. Comm. PI.

 
 
Writ of Possession

 
 
The Alias of Writ

 
 
The Writ of Execution (Garnishment)

 
 
Your Strategy as a Tennant

WHO ENFORCES THE HOUSING CODES? The Philadelphia Fair Housing Commission can be found using this link: Fair Housing

Philadelphia Municipal Court Electronic Filing System Public Login can be found using this link: Phila. Muni. Court

WHO ACTUALLY OWNS THE ADDRESS? The Philadelphia Office of Property Assessment can be found by using this link: Phila. OPA

Philadelphia Landlord Tenant Court is usually held in Courtroom 3, on the 6th Floor of the Widener Building located at 1339 Chestnut Street, Philadelphia PA, 19107.

FIRST: The landlord or their lawyer will contact you and demand payment of rent, or the landlord will accuse you of breaking a condition of your lease.

NEXT: Court documents will arrive, usually by process server, often posted for all to see, instructing you where and when to appear.

THEN: Your case will be heard in Municipal Court.

THERE: Are several areas in which you should be familiar:

1) The Pennsylvania Landlord Tenant Act;
2) The Philadelphia Property Maintenance Code;
3) You should be familiar with the recent holdings, findings, and decisions in cases before the Landlord/ Tenant Court to determine what standards of proof the court may require to render a favorable ruling; and
4) Optimally, you should be acquainted with the attorney for the landlord.

Since 2009 I have had the duty and the privilege of defending more tenants than any other attorney in Philadelphia. My work has made me very knowledgeable and very current with Landlord Tenant Court, and has acquainted me with most of the landlords' attorneys.

I produce results for my clients by trial work but I also produce results in what is called “Dispute Resolution.” This is a form of judgment by negotiated settlement.
1) Very often the landlord will be willing to set up a plan where the tenant will “Pay to Stay” by paying off back rent in time installments.
2) Very often a landlord will agree to grant a tenant more time to vacate.
3) Very often a landlord will agree to accept less rent than is claimed in his complaint to settle the matter.