Evicting a tenant; Pennsylvania

[Nick Ferrari]

Hey Bigger Pockets people! A couple of the homes we are considering have tenants and the possibility of evicting a tenant seems likely. Keep in mind we live in Pennsylvania so if anyone knows the state laws or process that would be great. In the MLS it says that one of the properties leases ends August 31st if that's true it would straight forward not renewing their lease right? Or are we subject to giving them an opportunity to renew their lease if they want it? As the new home buyer do we have the right to evict them immediately regardless of their former lease? If we Have a problem tenant what's the process for evicting a tenant? Cost, procedure, filing with court, expected timeline, etc.

[Chris K.]

@Nick Ferrari

1. Renewal. No one can say without actually taking a look at the lease. Sometimes, the lease provides a renewal option to the tenant. Sometimes they don't. The fact that MLS says the lease ends on August 31 can mean 100 different things.

2. Immediate Eviction. Generally, you inherit the lease. But it again depends on what the lease says. In the lease that I prepare, I always try to include language that allows the current or future landlord to terminate the lease if they wish to do so in the event of a sale. I personally never had to use that language and a magistrate judge may decline to enforce (rightfully or not). 

Note that while I have great respect for magistrate judges, working with them is a bit different than working with Court of Common Pleas Judges. Many magistrate judges are not lawyers and they don't have a staff of clerks who can help them do legal research. And so magistrate court is generally not the place to come up with innovative legal arguments --- your main goal is to try to make it easier for the magistrate judges to rule in your favor. 

3. Procedure for Eviction. Call the local magistrate office to see if they have any written guide for eviction matters. Some places do and they can be helpful for figuring out the very basics. Do note that sometimes your local magistrate may issue local rules that only affect your area (e.g. all eviction hearings are done on a specific day and time, etc.). So you often have to double check these potential differences.   

Frankly, my advice for you is to go hire a lawyer who: (1) understands real-estate investing; (2) understands that it is most likely cost prohibitive to hire a lawyer for each eviction that you will face; and (3) will help you devise some kind of system for handling evictions at least at the magistrate level. If you cannot afford that yet, try to do some more research on your own and come back to BP with specific questions about evictions. 

I say this because even the law on something "simple" like an eviction has enough nuances and complexities that even lawyers need continuing education courses. I've just checked online to see what's available and it looks like the basic introductory course I found is a 6-hour course with separate reading material that the attendees will need to study on their own time. Granted, I'm sure these materials containing other issues like lease terms and other topics, but often times they all relate to the eviction process. These kinds of courses are for people with at least three years of law-school training and at least one year of experience being a practicing lawyer in Pennsylvania.  

So while I and others try to be as helpful as we can on BP, it's not easy to teach you how to properly eviction someone online. You'll need to do some studying on your own or work with professionals who can help you learn. 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information.