Knowing and using your rights as a tenant might be the difference between keeping and losing your home
EVICTION
Protect your Rights
What can I do if I'm Having Trouble with my Landlord?
Speak with your landlord. Try to work out the problem in a way that is fair to both you and your landlord. Many communities have mediation programs that can help landlords and tenants resolve their disputes.
Why can my Landlord Evict Me?
Pennsylvania’s Landlord and Tenant law says that you can be evicted if:
• You don’t pay rent;
• You don’t live up to your end of the written or oral lease agreement; or
• The Time for which you rented your dwelling is up, and the landlord wants you to move.
If you have a written lease, you have a right to stay in the residence until the end of the lease term, as long as you live up to your end of the lease. If you do not have a written lease, in most circumstances, the law considers you to have an oral month-to-month lease. Either you or your landlord can terminate the lease at the end of any month, for any reason or for no reason.
Are there some Reasons for Eviction that are Illegal?
Yes. You cannot be evicted:
• Because of your race, color, religion, ancestry, national origin, sex, or age, or that of a household member;
• Because you or a household member or an acquaintance is disabled or uses a guide dog or other support animal;
• Because you or a household member is pregnant or has children.
In addition, you cannot be evicted for exercising your legal rights (for example, complaining about bad housing conditions to local housing code officials) if your landlord is retaliating (getting back at you) by evicting you.
You also may be able to prevent an eviction if you can prove that you didn’t pay rent because the rented premises were unfit to live in. You will have to prove that you complained to your landlord about serious defects, but your landlord refused to make repairs.
What Steps Must My Landlord Take to Evict Me?
Your landlord can only evict you by going to court, which usually involves these important steps:
- Written notice: Unless your lease says otherwise, your landlord must give you a written notice before filing an eviction case against you.
- Court Hearing: The eviction hearing will usually be before a Magisterial District Judge. Your landlord cannot just move you out, lock you out or take your personal property on his or her own. You have the right to appear at the hearing before the Magisterial District Judge with any witnesses or other evidence you have.
- Appeal: If you lose at this hearing but have a good defense, you may appeal to appeal to a higher court. You only have ten (10) calendar days to file the appeal.
Can I Stop an Eviction by Catching up on my Rent?
If the eviction case was only for nonpayment of rent, you may stop the eviction any time before you are actually evicted by paying the amount the Magisterial District Judge ordered, including court costs. This is called the right to pay and stay.
Where Can I Get Help to Avoid Eviction Because I Owe Rent?
Your local county assistance office may have emergency shelter assistance for people who need help paying their rent or paying a security deposit for a new place to live. Many churches and community agencies also may be able
to help. You should call 211, the United Way Hotline for more information on rental assistance.
If I'm Evicted, Can My Landlord Keep My Personal Property?
No. Your landlord must give you ten (10) days after the eviction to contact him and let him know you want to come get your personal property. If you contact your landlord within the first ten (10) days, then your landlord must store your personal property for at least thirty (30) days.
You must go get your personal property within the first thirty (30) days or your landlord can throw it out or sell it.
Only if you do not contact your landlord within ten (10) days of being evicted, then your landlord may throw out or sell your personal property.
Summit Legal Aid Can Help
Summit Legal Aid provides legal representation and advice to low-income residents. We assist with evictions, illegal lockouts, utility shut offs, building repair issues, and fair housing issues.
What to Bring
Before you call Summit Legal Aid, please gather:
– A copy of your lease (if you have a written lease)
– Any court papers you have
– Rent receipts
– Proof of income
– Any other documents you think are relevant to your case
The Court Process by County
Armstrong County
For local rules, go to co.armstrong.pa.us/countypa.gov
Cambria County
For local rules, go to www.cambriacountypa.gov
Clarion County
For local rules, go to www.co.clarion.pa.us
Fayette County
For local rules, go to www.co.fayette.pa.us
Greene County
For local rules, go to www.co.greene.pa.us
Indiana County
For local rules, go to www.indianacountypa.gov
Jefferson County
For local rules, go to www.jeffersoncountypa.gov
Somerset County
For local rules, go to www.co.somerset.pa.us
Washington County
For local rules, go to www.washingtoncourts.us
Westmoreland County
For local rules, go to www.westmorelandcountypa.gov