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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2983
Experience:  associate attorney
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I brought a property online from the bank and it stated

Customer Question

i brought a property online from the bank and it stated occupied tenant. the previous owner daughter has been living in the property for 2 years after the bank foreclosed on it. Now i am the new owner and the she won't leave. I flied for a recovery of real property hearing for court. Will the law be in my favor and give her an eviction notice for 30 days? The property is in Deleware County, PA
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using

You cannot change the locks and the court could grant the "tenant" damages because of your actions. This is known as a self help eviction and is expressly prohibited. The former owner is consider to be on a motion to month oral lease that must be terminated in order for you to gain possession. The court MUST order the former owner to leave and grant your motion for recovery of real property before you change the locks.

The tenant must first have been served written notice to quit, either personally, by leaving it at the property, or by conspicuous posting on the leased premises. The tenant must be given 15 days to vacate as you could argue that the "tenant" has nonpayment for this "lease". After the eviction proceeding is when you are supposed to file the recovery of real property and you as the "landlord" should recover possession and may request an order of possession between 10 and 120 days after judgment is entered. (RCPMDJ 515) (RCPMC 126) The court will issue the order, directing the executing officer to deliver actual, possession of the real property to you. (RCPMDJ 516A) Hopefully you filed this eviction or "notice to quit" before you filed the recovery motion and did not lock out the former owner as this could cause you problems if not.

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Customer: replied 1 year ago.
On August 24, 2016. I came to the property and changed the locks and gave her a copy and the i had an eviction letter to vacate in 2 weeks and asked her to sign. She refused to sign, thats when i went to the court on the next day and filed a Recoveery Of Real Property Hearing. The hearing is next Tuesday Sept 6, 2016. That is 13 days after she refused to sign the eviction letter. Is that ok? She has a lawyer, can he appeal the decision if the judges tells her to vacate, could he say she is sick or needs more time?
Expert:  Christopher B, Esq. replied 1 year ago.

No, it is not permissible to change the locks which is considered a self help eviction. You skipped a step and needed to evict her officially before filing the recovery of real property. Just because you own the property does not mean that the former tenant does not have rights. She has to be ordered through an eviction to leave and then you can file to recover your property. It would guess that the Judge will not order her to leave and make you go through the process and evict her which would be give proper notice, set the eviction hearing and then the sheriff would be ordered to remove the "tenant". I would talk to a local attorney as you have some things to fix before you go in front of a Judge.

Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back, do you have any further questions?