Evicting a family member can be a difficult and emotional process, but it is sometimes necessary to protect your rights and property. If you are considering evicting a family member in Philadelphia, it is important to understand the legal process and your rights as a landlord.
In this blog post, we will share the best way to evict a family member in Philadelphia. We will also provide tips on removing a family member politely, the laws involved, and legal tips.
We understand that evicting a family member can be a difficult decision. However, we are here to help you through the process and make it as smooth as possible.
How To Evict a Family Member In Philadelphia
Evicting a family member is never easy, but it may be necessary to protect your rights and property. If you’re a landlord in Philadelphia and you need to evict a family member, here are six steps you can take:
1. Give Notice
The first step is to give your family member written notice that they must vacate the property. The notice must state the reason for the eviction and the date by which they must leave. In Philadelphia, you must give at least 10 days’ notice for a month-to-month tenancy and 30 days’ notice for a year-to-year tenancy.
2. File a Complaint
If your family member does not vacate the property by the deadline, you will need to file a complaint with the Philadelphia Municipal Court. The complaint must include a copy of the notice you gave to your family member and a statement of the facts of the case.
3. Attend a Hearing
Once you have filed a complaint, the court will schedule a hearing. At the hearing, you will have the opportunity to present your case and your family member will have the opportunity to present their case. The judge will then make a decision about whether or not to grant the eviction.
4. Obtain a Writ of Possession
If the judge grants the eviction, you will need to obtain a writ of possession from the court. The writ of possession is a court order that authorizes the sheriff to remove your family member from the property.
5. Have the Sheriff Remove Your Family Member
Once you have obtained a writ of possession, you can have the sheriff remove your family member from the property. The sheriff will typically give your family member a few hours to vacate the property before forcibly removing them.
6. Change the Locks
Once your family member has been removed from the property, you should change the locks to prevent them from re-entering. You should also consider installing a security system to deter future break-ins.
Evicting a family member is a difficult process, but it is important to remember that you have rights as a landlord. If you follow these steps, you can protect your rights and property and get your family member out of your home.
How Much Does it Cost to Evict a Family Member in Philadelphia?
The cost of evicting a family member in Philadelphia can vary depending on the specific circumstances of the case. However, there are some general costs that you can expect to incur.
| Expense Category | Approximate Cost | Notes |
|---|---|---|
| Court Filing Fees | $125 to $300 | This varies based on the type of eviction action filed. |
| Attorney Fees | $500 to $1,500+ | Depends on the complexity of the case and hourly rates. |
| Service of Process | $50 to $100 | Cost for serving the eviction notice to the tenant. |
| Sheriff Fees | $100 to $150 | For the actual eviction, should it be needed. |
| Locksmith Services | $80 to $300 | If you need to change the locks after the eviction. |
| Storage and Removal | Variable | If property left by the evicted person needs to be stored. |
| Lost Rent | Opportunity Cost | Not a direct cost but can be significant depending on the timeframe of the eviction process. |
- Filing fees: The filing fee for an eviction case in Philadelphia is $125.
- Service of process: The cost of serving the eviction notice to the tenant is typically around $50.
- Attorney fees: If you hire an attorney to represent you in the eviction process, you can expect to pay between $500 and $1,500.
- Court costs: If the case goes to trial, you may be responsible for additional court costs, such as witness fees and court reporter fees.
FAQs: Evicting a Family Member in Philadelphia
Here are some of the most frequently asked questions about evicting a family member in the Philadelphia:
What are the legal grounds for evicting a family member in Philadelphia?
In Philadelphia, you can evict a family member if they have violated the terms of their lease or tenancy agreement, such as by not paying rent or causing damage to the property. You can also evict a family member if they are engaging in illegal activities or if they are a threat to your safety or the safety of others.
What is the process for evicting a family member in Philadelphia?
The process for evicting a family member in Philadelphia is similar to the process for evicting any other tenant. You must first give your family member a written notice to vacate the property. The notice must state the reason for the eviction and the date by which your family member must leave. If your family member does not leave by the deadline, you can file a complaint with the Philadelphia Municipal Court.
Can I evict a family member if they are not on the lease?
Yes, you can evict a family member even if they are not on the lease. However, you will need to prove that the family member has been living in the property with your permission and that they have violated the terms of their tenancy agreement.
What are some of the challenges of evicting a family member?
Evicting a family member can be a difficult and emotional process. You may feel guilty or uncomfortable about evicting a loved one, and you may worry about how they will react. It is important to remember that you have the right to evict a family member if they are violating the terms of their tenancy agreement or if they are a threat to your safety.
What resources are available to help me evict a family member?
There are a number of resources available to help you evict a family member in Philadelphia. You can contact the Philadelphia Legal Assistance Center for free legal advice and representation. You can also contact the Philadelphia Housing Authority for assistance with finding affordable housing.
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