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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27692
Experience:  JA Mentor
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How do I evict a person who doesn't have a lease. Pa, No, No

Customer Question

How do I evict a person who doesn't have a lease.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Pa
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What is your reason for evicting this person? What was your agreement when they moved in?

Customer: replied 1 month ago.
he never pays the agreed upon amount of bills + mortgage. he has paid nothing in the last 3 months.
Customer: replied 1 month ago.
When I purchased the house there was verbial agreement to pay half which he has never done.
Expert:  Lucy, Esq. replied 1 month ago.

Thank you.

An oral agreement IS a lease. The fact that it's not in writing doesn't mean it's not enforceable. Pennsylvania law allows you to serve them with a written notice to pay the total owed or vacate within 10 days. Include the total owed on the notice, which should be hand delivered. If that's not possible, you can post it on their door and also mail a copy, but hand delivery should be attempted first.

Note that, if they pay, they'll be allowed by law to stay. But because there isn't a written lease for a set term, you could also serve a notice of termination of tenancy within 30 days.

If the tenant ignores either notice and doesn't leave, you can go to the courthouse the day after the notice expires and file for eviction. The local landlord/tenant court should have eviction forms you can use.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 month ago.
If I serve him witha notice to quit and he doesn't follow through I have to go to the court house for further processing?
Expert:  Lucy, Esq. replied 1 month ago.

That's unfortunately right. Police won't remove him without a court order, and it's illegal for you to change the locks on him.

Customer: replied 1 month ago.
thanks
Expert:  Lucy, Esq. replied 1 month ago.

You're welcome. Good luck.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Expert:  Lucy, Esq. replied 1 month ago.

Did you have any other questions about this?

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