At Morella Bencsics, we pride ourselves on our client-focused approach and unwavering dedication to protecting landlords’ and tenants’ rights. If you need a real estate lawyer in Pittsburgh, Morella Bencsics offers compassionate and effective legal representation to individuals instituting or facing eviction. We understand the stress and uncertainty of housing disputes and are committed to providing personalized legal solutions that address your unique circumstances.
Our expertise covers all aspects of the landlord-tenant relationship, including lease drafting and negotiation, property management, company representation, evictions, and ejectments. Whether you’re a landlord protecting your investment or a tenant asserting your rights, we offer strategic legal guidance tailored to your needs.
With a deep knowledge of landlord tenant law and a strong commitment to justice, we stand by your side to ensure your rights are upheld and your voice is heard throughout the legal process.
The Eviction Process in Pittsburgh
Understanding the eviction process in Pittsburgh is crucial for tenants and landlords alike. Here is a step-by-step breakdown of the typical process:
Notice to Quit: After unpaid rent or other violations, the eviction process begins with the landlord providing the tenant with a Notice to Quit. This notice must include the landlord’s name, the tenant’s name, the address of the property, and the reason for the notice, such as nonpayment of rent or breach of lease terms.
According to Pennsylvania law, the notice period varies: a 10-day notice for non-payment of rent and a 15- or 30-day notice for other lease violations, depending on the lease duration.
A skilled landlord tenant attorney will review lease agreements and, if advisable, conspicuously waive the notice requirement.
Filing an Eviction Lawsuit: If the tenant does not comply with the Notice to Quit within the specified period, or if the right to receive the Notice to Quit is properly waived, the landlord can file an eviction lawsuit, also known as a landlord-tenant complaint, with the local Magisterial District Court. The court will then serve the tenant with a summons, notifying them of the lawsuit and the date of the hearing, required to be held within 7 to 15 days.
Court Hearing: The landlord and tenant must appear at the court hearing. During the hearing, the landlord must present evidence supporting the eviction, while the tenant has the opportunity to defend against the eviction. The judge will consider the evidence and make a ruling.
Judgment: If the judge rules in favor of the landlord, a judgment for possession and/or money will be issued. This judgment allows the landlord to regain possession of the property. The tenant typically has 10 days to appeal the judgment for possession and 30 days for the judgment for money.
Order for Possession: If the tenant does not appeal or vacate the property within the specified period, the landlord can request an Order for Possession from the court. This order authorizes a constable or sheriff to remove the tenant and their belongings from the property.
Eviction: Constables will typically execute the Order for Possession, physically removing the tenant and their belongings from the rental property. The landlord can then change the locks and take possession of the property.
Appeal: Both landlords and tenants have a right to appeal magistrate eviction judgments to the Court of Common Pleas. Most Courts of Common Pleas require landlord tenant disputes to be submitted to arbitration. Once an appeal is filed, a tenant may obtain a supersedeas, or stay, of eviction. The stay of eviction requires meticulous compliance with procedural rules, and our attorneys are skilled in maintaining or lifting the stay if procedures are not followed.
Navigating the eviction process can be complex and stressful. No one wants to receive or give an eviction notice. At Morella Bencsics, we are dedicated to providing expert legal guidance and representation to ensure that your rights are protected throughout every step of the eviction process.
Legal Rights of Landlords and Tenants in Pennsylvania
Landlord Rights
Right to Receive Rent: Landlords have the right to receive timely rent payments as agreed upon in the lease. If tenants fail to pay their rent, landlords can take legal action, including issuing a Notice to Quit and filing for eviction. We represent landlords whose tenants are no longer paying to live in the rented property.
Right to Enter Property: Landlords have the right to enter the rental property for specific reasons, such as repairs, inspections, or to show the property to prospective tenants. However, they must provide reasonable notice, typically 24 hours, and enter at reasonable times.
Right to Maintain Property: Landlords have the right to expect tenants to maintain the property in good condition, excluding normal wear and tear. Tenants are responsible for damages caused by their negligence or misuse.
Right to Evict: Landlords can initiate eviction proceedings if tenants violate the terms of the lease, such as nonpayment of rent, illegal activities, or causing significant damage to the property. The process must follow Pennsylvania’s legal procedures.
Tenant Rights
Right to a Habitable Home: Tenants have the right to a safe and habitable living environment. Landlords must ensure that the rental property meets local health and safety codes, including functioning plumbing, heating, and electrical systems.
Right to Privacy: Tenants have the right to privacy in their rental home. Landlords must provide reasonable notice before entering the property and can only enter for legitimate reasons.
Right to Fair Treatment: Tenants are protected against discrimination under federal and state fair housing laws. Landlords cannot discriminate based on race, color, national origin, religion, sex, familial status, or disability.
Right to Withhold Rent: In certain situations, tenants have the right to withhold rent if the landlord fails to make necessary repairs that affect the habitability of the property. Tenants must follow legal procedures, such as providing written notice and allowing reasonable time for repairs, before withholding rent. If the entire building is experiencing the same issue, joining the other tenants is often a good way to get the maintenance and repairs needed for a healthy, comfortable home.
Right to Security Deposit Return: Tenants have the right to the return of their security deposit within 30 days after moving out, provided they have met all the terms of the lease and have not caused damage beyond normal wear and tear. Landlords must provide an itemized list of any deductions from the deposit.
Understanding the legal rights of landlords and tenants is essential for maintaining a fair and respectful rental relationship. An attorney from our law firm will provide expert legal guidance to ensure that your rights are protected, whether you are a landlord or a tenant.
Common Eviction Issues and How They Are Resolved
Evictions can arise from various issues, each with its own implications and required steps for resolution. One of the most common grounds for eviction is unpaid rent. When tenants fail to pay rent as stipulated in the rental agreement, landlords have the right to initiate eviction proceedings. The first step typically involves serving a Notice to Quit, giving the tenant a specified period to pay the overdue rent or vacate the premises. If the tenant does not comply, the landlord can file an eviction lawsuit with the local court, leading to a hearing where both parties can present their cases.
Another frequent issue is the violation of the terms of the lease. This can include unauthorized occupants, pets, or illegal activities on the premises. Landlords must provide tenants with a written notice detailing the specific lease violations and a timeframe to remedy the situation. If the tenant fails to correct the violation, the landlord can proceed with filing for eviction. The court will then determine if the grounds for eviction are valid and issue a judgment accordingly.
Property damage beyond normal wear and tear is also a common eviction issue. Landlords can evict tenants who cause significant damage to the rental property. Similar to other grounds, this process begins with a notice to the tenant specifying the damages and requiring repairs or compensation. Failure to comply allows the landlord to take legal steps to regain possession of the premises.
In each of these scenarios, landlords and tenants must understand their rights and responsibilities under the law. Proper documentation and adherence to legal procedures are essential to resolving eviction issues fairly and effectively. Legal representation, such as that provided by Morella Bencsics, ensures that all parties navigate the process of eviction with a clear understanding of the legal implications and steps involved, leading to a just resolution.
Turn to Us for Help With Violations of Your Rental Agreement
If the other party of your rental agreement isn’t abiding by it, we can help you seek compensation, an eviction hearing, and other strategic outcomes. Contact us at (412) 960-1656 and let our dedicated legal team provide the support and guidance you need to navigate the process of eviction.
