Are you facing the difficult situation of needing to evict a family member from your Allentown home? You’re not alone. Many families encounter this challenge, and it can be a stressful and emotional experience. In this article, we’ll guide you through the process of evicting a family member in Allentown, providing you with the necessary information and support.
First, let’s address the elephant in the room: evicting a family member is never easy. It’s a complex and often painful decision, but sometimes it’s necessary to protect your well-being and the stability of your home. We’ll share the best way to evict a family member in Allentown, taking into account the legal requirements and the emotional toll it can take.
We’ll also provide tips on how to remove a family member politely, ensuring that the process is as respectful and amicable as possible. We’ll cover the laws involved in evicting a family member in Allentown, including the notice period and the legal grounds for eviction.
How To Evict a Family Member In Allentown
Evicting a family member is never easy. It can be even more difficult when you live in Allentown, where the eviction process is notoriously complex. But if you’re facing this difficult situation, it’s important to know your rights and options.
1. Talk to Your Family Member
The first step is to talk to your family member about the situation. Explain why you’re evicting them and give them a chance to respond. If they’re willing to work with you, you may be able to avoid the eviction process altogether.
2. Get Legal Advice
If you’re unable to resolve the situation with your family member, you should get legal advice. An attorney can help you understand your rights and options, and can represent you in court if necessary.
3. File an Eviction Notice
Once you’ve decided to evict your family member, you need to file an eviction notice. This document must be served to your family member in person, and it must state the reason for the eviction and the date by which they must vacate the property.
4. Attend a Court Hearing
If your family member does not vacate the property by the date specified in the eviction notice, you will need to attend a court hearing. At the hearing, you will need to present evidence to support your claim for eviction.
5. Obtain a Writ of Possession
If the court rules in your favor, you will be issued a writ of possession. This document gives the sheriff the authority to remove your family member from the property.
6. Evict Your Family Member
The final step is to evict your family member. This should be done by the sheriff, who will remove your family member’s belongings from the property and lock the doors.
How Much Does it Cost to Evict a Family Member in Allentown?
The cost of evicting a family member in Allentown can vary depending on the circumstances of the case. Generally, the landlord will be responsible for the costs of filing the eviction lawsuit, serving the tenant with the eviction notice, and obtaining a judgment for possession of the property.
There are some general costs that you can expect to incur.
| Expense | Cost Range | Description |
|---|---|---|
| Legal Representation | $100 – $500 per hour | Hiring a lawyer is advisable for complex situations like evicting a family member. Fees vary based on experience and location. |
| Filing Fees | $100 – $300 or more | Court filing fees vary depending on the court and type of eviction. |
| Serving Notice | $50 – $150 | Formal serving of eviction notice may require a process server, incurring additional costs. |
| Court Costs | Varies | Additional costs such as court reporter fees and witness fees might arise if the case goes to court. |
| Sheriff Fees | $50 – $200 or more | If eviction is granted, sheriff’s office might need to be paid to enforce it. |
| Moving and Storage | Varies | Costs associated with moving and storing belongings left behind by the family member. |
FAQs: Evicting a Family Member in Allentown
Here are some of the most frequently asked questions about evicting a family member in Allentown:
What are the grounds for evicting a family member in Allentown?
In Allentown, you can evict a family member if they have violated the terms of their tenancy, such as not paying rent or breaking the lease. You can also evict a family member if they are causing a nuisance to other tenants or if they are engaging in illegal activity.
How long does it take to evict a family member in PA?
The eviction process timeline in PA can vary depending on the specifics of the case and the court’s schedule. Generally, it may take several weeks to a few months.
Do you need a reason to evict someone in PA?
Yes, you need a valid legal reason to evict someone in PA, such as non-payment of rent, violation of lease terms, or illegal activity.
Can you evict a tenant without a lease in PA?
Yes, you can evict a tenant without a lease in PA. This is considered a month-to-month tenancy, and proper notice must be given.
How do I evict someone after a sheriff sale in PA?
The buyer must initiate legal proceedings to remove you from the property. If you were the previous owner, the buyer will pursue an Ejectment Complaint.
If you were a tenant, the buyer will file an Eviction Complaint. Both situations require the buyer to obtain a court order for your removal.
How to stop eviction in PA?
To stop an eviction in PA, tenants can attempt to negotiate with the landlord, seek legal assistance, or raise defenses in court if applicable.
What is a hardship stay of eviction in Pennsylvania?
A hardship stay of eviction in PA is a temporary delay granted by the court if the tenant can prove that the eviction would cause undue hardship.
Can a landlord terminate a month-to-month lease in PA?
Yes, a landlord can terminate a month-to-month lease in PA by providing proper written notice, typically 15 or 30 days depending on the lease terms.
Can you appeal an eviction in PA?
Yes, tenants in PA have the right to appeal an eviction decision within a specified timeframe.
Can you evict a disabled person in PA?
Eviction laws in PA apply to all tenants, including those with disabilities. However, landlords must provide reasonable accommodations as required by law.
What is a writ of possession in PA?
A writ of possession in PA is a court order authorizing law enforcement to remove tenants and their belongings from a property after an eviction judgment.
What are the defenses to eviction in Allentown?
There are several defenses to eviction in Allentown, including:
- The family member is a minor.
- The family member is disabled.
- The family member is a victim of domestic violence.
- The eviction is retaliatory.
What are the consequences of evicting a family member in Allentown?
Evicting a family member can have serious consequences, including:
- The family member may become homeless.
- The family member may lose their job.
- The family member may be separated from their children.
What are the resources available to help me evict a family member in Allentown?
There are several resources available to help you evict a family member in Allentown, including:
- The Allentown Housing Authority
- The Lehigh County Bar Association
- The Pennsylvania Legal Aid Network
Related:
How to Evict a Family Member in St. Petersburg