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And it is more complicated requiring the assistance of a lawyer. Seizure of illegal drugs from rental unit by law enforcement. In Pennsylvania, illegal activity includes: Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. The landlord must serve the eviction notice by: The landlord should keep a written record of how the notice was served, who served it, who it was served to, where it was posted, and the time and date of service. The notice must be presented before filing a complaint in court. (a) Upon the filing of the complaintwrit server, constable or sheriff to summonthe tenant to appear before the justice of the peace to answer the complaint on a date not less than seven nor more than ten days from the date of the summons. Either tenants or landlords may file an appeal. Our admissions navigators are available to help 24/7 to discuss treatment. Give them a little extra time to get themselves together, if the eviction isnt time-sensitive, Evicting a Family Member With No Lease Bottom Line. Its still a good idea for you to show up, even if youre not required to attend, because you could be called as a witness or have additional evidence to offer the court. Since there is no lease you must do an Action for Ejectment in the Court of Common Pleas. If you have a clear written agreement, an established month-to-month tenancy, or a sublease arrangement . Finally, if the judicial officer issues a ruling stating that the unwanted occupant doesnt have to move out of the property, you (or the landlord, if youre renting) could file an appeal. The process is VERY similar to that of an eviction--it is . How to Evict Someone Who Lives With You | Legal Beagle A tenant can sue you for actual damages plus violations. All Rights Reserved. These cases can typically only be filed when theres no established landlord/tenant relationship. The Summons and Complaint must be served on the tenant by a sheriff, writ server, or constable. Something went wrong while submitting the form. They must resolve the nonpayment within this notice period or move out. Again, there may be a minimum waiting period before you can go to court. Not allowing any person on the premises to disturb the peaceful enjoyment of other tenants or neighbors. Find the Eviction Process in the State you live in! Housing Rights Committee of San Francisco on Twitter: "VTA member Luis In many states, if the landlord wasnt aware that you had someone staying with you, or the landlord didnt give you permission to have others stay with you, then your landlord can legally evict them. David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor.