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I was renting a property in Philadelphia which was a

Customer Question
I was renting a...

I was renting a property in Philadelphia which was a restaurant fell behind on rent because business was slow went and got a job driving trucks to get back on track with rent he knew I was on the road driving so he said I abandoned the building he illegally liked me out we go to court jan16 but he already has somebody in the building and all my equipment was still in the store

Lawyer's Assistant: What state is this in? And how old is the truck?

Pa and it's a property not a truck

Lawyer's Assistant: Has anything been filed or reported?

He just filed for eviction on the 20th the people at landlord tenant court said we didn't even send papers out yet so how did he change locks

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Filed report with police and he already has someone in the building and all my papers and legal documents were still in the store

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 26 minutes by:
12/28/2017
Lawyer: Bill Attorney, Lawyer replied 6 months ago
Bill Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,637
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your landlord-tenant question in PA State today. I'm attorney Bill assisting you. State law allows a landlord to evict a tenant in breach of a lease agreement by serving a notice to quit and following up with eviction procedures.

"

(a) A landlord desirous of repossessing real property from a tenant except real property which is a mobile home space as defined in the act of November 24, 1976 (P.L. 1176, No. 261), [FN1] known as the “Mobile Home Park Rights Act,” may notify, in writing, the tenant to remove from the same at the expiration of the time specified in the notice under the following circumstances, namely, (1) Upon the termination of a term of the tenant, (2) or upon forfeiture of the lease for breach of its conditions, (3) or upon the failure of the tenant, upon demand, to satisfy any rent reserved and due.

(b) Except as provided for in subsection (c), in case of the expiration of a term or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one year or less or for an indeterminate time, the notice shall specify that the tenant shall remove within fifteen days from the date of service thereof, and when the lease is for more than one year, then within thirty days from the date of service thereof.  In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall remove within ten days from the date of the service thereof."

If your landlord has resorted to self-help and possession of the property without issuing you a notice to vacate along with civil eviction proceedings , you can claim damages at your court date for a wrongful eviction.

A wrongful eviction suit allows you to claim damages and costs , including defamation and infliction of emotional harm as part of your claim for a wrongful eviction.

This can be filed as as an answer to your landlord's claim or you can file a separate action in the civil court for a wrongful eviction under the above statute.

We are here to help , so please follow up with me if you need further assistance.

In return remember to rate positively today.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

SO i hope you rate FIVE STARS today.

Happy Holidays

Attorney Bill

Ask Your Own Landlord-Tenant Question
Lawyer: Bill Attorney, Lawyer replied 6 months ago

Dear Customer ,

I would like to follow up on your question, do you require any additional information ?

Just a reminder when finished that I do rely on you leaving a rating for me to get a credit for my time and assistance to you; this gives me a credit when you take thee time to leave a positive rating.

You do this by rating 5*****, 4**** or better.

FIVE STARS is much appreciated.

Happy Holidays

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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