If you are the legal owner of a property and people have taken up residence there without a lease, and now refuse to vacate, you may feel violated. Eviction actions can help resolve issues when there is a lease, but how can you regain possession of your property when there is no landlord-tenant relationship?
Pennsylvania law and legal counsel, provided through Stoner Law Offices, LLC, can help. Our Philadelphia law firm is well-versed in ejectment actions and can help you recover possession of your property even when no landlord-tenant agreement is in place.
Definition and Explanation of Ejectment
Under Pennsylvania law, ejectment is a legal action that can be used by a property owner to remove someone who is occupying the property without any legal right. It is separate from the eviction process, which can only be used to remove a tenant with a lease agreement.
Difference Between Ejectment Action and Eviction Process
There are some key differences between the ejectment process and the eviction process. Evictions remove tenants for lease violations while ejectments remove a non-tenant from the property, restoring possession to the owner. In an eviction, leases are involved, whereas an ejectment involves removing someone without a lease agreement, such as a squatter, a guest who refuses to leave, or a former owner whose property has been foreclosed.
Evictions involve specific legal reasons for the action, such as non-payment or violating the terms of the lease agreement. Ejectments focus on proving ownership, right to possession, and that the current occupant has no right to be there. Evictions are done in municipal court, while ejectments are conducted in common pleas court.
Common scenarios that could use ejectment range from a former homeowner who won’t leave the property after foreclosure, a squatter taking up residence in a vacant property, or a person who was allowed to stay on the property as a guest but now refuses to vacate the premises.
Legal Steps Involved in the Process of Ejectment in Philadelphia
The civil procedure of ejectment involves first filing a complaint in the Court of Common Pleas rather than municipal court. Once that happens, the occupant must be properly served. They will be given 20 days to issue their response. In cases where the occupant doesn’t provide a response, a default judgment can be made, though when a response is issued in time, mediation or trial may then be scheduled.
Philadelphia landlords who win in the court hearing can then file for a writ of possession. This will then be used by the sheriff to schedule a physical lockout and complete the ejectment action. The importance of documentation cannot be understated, because showing that you have a legal right to possession through a certified and recorded deed can make the ejectment action smoother.
All other documentation, such as copies of written demands or proper notices to vacate, can also be submitted. This legal procedure is mandatory as an ejectment action is a formal court process, and to be successful, following the steps is required. With the help of an experienced attorney from our law firm, you can get the legal assistance you need for the best possible outcome.
Role of a Philadelphia Ejectment Lawyer
When you need ejectment legal services, an ejectment lawyer can provide sound legal advice and representation. Choosing a local, experienced attorney is paramount, as they will have a strong understanding of the laws that govern these types of scenarios.
Many landlords know what to do when they have tenant disputes and set eviction proceedings. When it comes to squatters and other occupants who do not have this landlord-tenant connection, it can be more challenging to navigate without proper legal guidance.
Common Challenges and Solutions in Ejectment Cases
When unauthorized occupants need to be removed from a property, these cases can be incredibly complex. Proving ownership is one of the most common challenges, but this can be solved by gathering the proper documents.
In some cases, an occupant may claim they have legal ownership through adverse possession, which is more challenging to contend with. It is vital to take quick action, gather evidence, and seek the extensive knowledge of an ejectment attorney.
How Stoner Law Can Help with Legal Representation for Philadelphia Landlords
Stoner Law takes unique approaches to handling these issues while upholding your best interests. Contact us today to learn more about your legal options through a free legal consultation.
