Can the sheriff still evict you by your eviction move out date by the court date to leave the proper

[mikemike998]

Jurisdiction

Pennsylvania

Can the sheriff still evict you by your eviction move out date by the court date to leave the property what happen if you appeal the writ of possession and default judgement and full case at commonwealth court level and they didn't get notified by the court or the landlord agency manger apartment attorney or landlord agency manger it was appeal not to evict what should I tell him so they don't evict me?

 

[adjusterjack]

You need to go to the appeals court and get a written order staying the eviction while the appeal is pending.

Why the eviction?

Why the default judgment?

On what grounds are you appealing?

 

[mikemike998]

You need to go to the appeals court and get a written order staying the eviction while the appeal is pending.

Why the eviction For violating the repair policy.

Why the default judgment For having issues replying to it.

On what grounds are you appealing?

Writ of Possession and default judgement.

 

[zddoodah]

In any future posts, please make an effort to use proper capitalization and punctuation so we don't have to guess where one sentence ends and the next begins.

Can the sheriff still evict you by your eviction move out date by the court date to leave the property

Please explain exactly what "your eviction move out date" and "the court date to leave the property" mean. Pending that explanation, when an eviction case goes to judgment, the court will typically give the defendant until a specific date to move out and, if the defendant has not done so by that date, the sheriff can forcibly remove the defendant from the premises.

what happen if you appeal the writ of possession and default judgement

Typically, you can't appeal a default judgment. You have to file a motion with the trial court to have the judgment set aside. Practicality would dictate that a defendant who appeals or moves to set aside a judgment should serve the papers on the sheriff in addition to the plaintiff. The defendant should also familiarize him/herself with the relevant procedural rules - specifically regarding whether the filing of an appeal or motion to set aside the judgment automatically stays execution or whether a separate order or bond is needed.

 

[mikemike998]

In any future posts, please make an effort to use proper capitalization and punctuation so we don't have to guess where one sentence ends and the next begins.



Please explain exactly what "your eviction move out date" and "the court date to leave the property" mean. Pending that explanation, when an eviction case goes to judgment, the court will typically give the defendant until a specific date to move out and, if the defendant has not done so by that date, the sheriff can forcibly remove the defendant from the premises.




Typically, you can't appeal a default judgment. You have to file a motion with the trial court to have the judgment set aside. Practicality would dictate that a defendant who appeals or moves to set aside a judgment should serve the papers on the sheriff in addition to the plaintiff. The defendant should also familiarize him/herself with the relevant procedural rules - specifically regarding whether the filing of an appeal or motion to set aside the judgment automatically stays execution or whether a separate order or bond is needed.

The move out date is 2-5-24.

 

[mikemike998]

Hello?

 

[army judge]

Can the sheriff still evict you by your eviction move out date by the court date to leave the property what happen if you appeal the writ of possession and default judgement and full case at commonwealth court level and they didn't get notified by the court or the landlord agency manger apartment attorney or landlord agency manger it was appeal not to evict what should I tell him so they don't evict me?

If an eviction order was issued by a court with proper jurisdiction, you betcha the sheriff's deputies CAN and WILL obey any existing court orders.

If you have a countermanding order issued by any appellate or higher level court, I suggest you obtain several copies of such an order from the issuing court with the judge's signature and raised court seal affixed to provide to the adversarial party and proper sheriff's deputies/officials you expect to initiate your alleged eviction.

(================================)

Evicting a tenant in Pennsylvania can take around 1 to 2 months, depending on the reason for the eviction. If tenants file an appeal, the process can take longer.

Grounds for an Eviction in Pennsylvania
In Pennsylvania, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:

Not paying rent on time
Staying after the lease ends
Violating the terms of the lease
Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.

Grounds Notice Period Curable?
Nonpayment of Rent 10 Days Yes
End of Lease or No Lease
Lease of 1 Year or Less

15 Days No
End of Lease or No Lease
Tenancy of More than 1 Year

30 Days No
Lease Violation
Lease of 1 Year or Less

15 Days Yes
Lease Violation
Tenancy of More than 1 Year

30 Days Yes
Illegal Activity 10 Days No

In Pennsylvania, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 10 days' notice to quit, which gives the tenant a chance to pay the balance due or move out.

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Pennsylvania the day immediately after its due date. Pennsylvania landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.

If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

End of Lease or No Lease
In Pennsylvania, a landlord can evict a tenant who does not have a lease ("tenant at will") or has a lease that has terminated and continues to remain on the premises ("holdover tenant"). To do so, the landlord must first terminate the tenancy by giving the tenant proper notice to move out.

Based on the type and length of tenancy, the amount of notice differs. For tenants with a periodic tenancy of any length (i.e. week-to-week or month-to-month) or a lease of one (1) year or less, the landlord must serve them a 15 days' notice to vacate.

For tenants with a lease of more than 1 year, the landlord must serve them a 30 days' notice to vacate. If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations
In Pennsylvania, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Pennsylvania landlord tenant law. To do so, the landlord must first serve the tenant a notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.

Based on the type and length of tenancy, the amount of notice differs. For tenants with a periodic tenancy of any length (i.e. week-to-week or month-to-month) or a lease of one (1) year or less, the landlord must first serve the tenant a 15 days' notice to comply or vacate.

For tenants with a lease of more than 1 year, the landlord must first serve the tenant a 30 days' notice to comply or vacate.

Pennsylvania Eviction Process (2024): Grounds, Steps & Timeline

 

[welkin]

Can the sheriff still evict you by your eviction move out date by the court date to leave the property what happen if you appeal the writ of possession and default judgement and full case at commonwealth court level and they didn't get notified by the court or the landlord agency manger apartment attorney or landlord agency manger it was appeal not to evict what should I tell him so they don't evict me?

It's not the managing agency that is going to evict you, It will be the sheriff's department that enforces the eviction. And you don't really want to have that happen because it is not a pleasant experience and it will cost you money in the long-run.

I witnessed a sheriff eviction on my street a few years back. The sheriff's department showed up with two box trucks and a locksmith. They removed the occupants, changed all the locks, and loaded all the occupant's possessions into the trucks. I found out later that the possessions were taken to a storage facility until they were redeemed at a cost of storage.

Follow the advice already given above and don't let it happen. Move out before the deadline.

 

[mikemike998]

What happens if I appeal it before the deadline?

 

[army judge]

What happens if I appeal it before the deadline?

The appeal COURT proceedings MIGHT cause the eviction to be delayed until a verdict has been decreed.

If the verdict is NOT in your favor, the eviction stay will be withdrawn, allowing the eviction to eventually occur.

If the appeal is in your favor, the eviction won't occur, UNLESS the adversarial party appeals and that appeal is successful.

However, let's end the what if this, what if that.

You're playing a game you can't win.

You'll only continue to lose.

The landlord will prevail.

Plus, the eviction will cause you great difficulty in renting decent housing for anywhere from five to twenty years, maybe forever.

If you're sitting on a treasure chest filled with moola, spend some to FULLY COMPENSATE your soon to be former landlord in full.

Use some of that booty to hire a lawyer to represent and protect your interests today and into the next decade.

Tricks are for kids and a cartoon rabbit.

Tricks rarely work before a court.

 

[mikemike998]

The appeal COURT proceedings MIGHT cause the eviction to be delayed until a verdict has been decreed.

If the verdict is NOT in your favor, the eviction stay will be withdrawn, allowing the eviction to eventually occur.

If the appeal is in your favor, the eviction won't occur, UNLESS the adversarial party appeals and that appeal is successful.

However, let's end the what if this, what if that.

You're playing a game you can't win.

You'll only continue to lose.

The landlord will prevail.

Plus, the eviction will cause you great difficulty in renting decent housing for anywhere from five to twenty years, maybe forever.

If you're sitting on a treasure chest filled with moola, spend some to FULLY COMPENSATE your soon to be former landlord in full.

Use some of that booty to hire a lawyer to represent and protect your interests today and into the next decade.

Tricks are for kids and a cartoon rabbit.

Tricks rarely work before a court.

If I appeal the sheriff can't evict me on the move-out deadline will the court notify the sheriff or their attorney to notify the sheriff I appeal it and I can't be moved out by them?

 

[army judge]

If I appeal the sheriff can't evict me on the move-out deadline will the court notify the sheriff or their attorney to notify the sheriff I appeal it and I can't be moved out by them?

Notifications should be done by YOU, as I outlined hereinabove.

Relying on others to assist you is just another foolish, childish game that'll end up hurting you.

This thread is closed, as you've been assisted fully, should you choose to heed the information provided.

 

[mikemike998]

If I filed an Application for Emergency Relief Seeking a Preliminary Injunction for an eviction appeal case yesterday to stay in my apartment or get more time to find a new place how long does it take for the judge to get back will he give me a decision by today if my move out on the 2/5/24?

 

[army judge]

If I filed an Application for Emergency Relief Seeking a Preliminary Injunction for an eviction appeal case yesterday to stay in my apartment or get more time to find a new place how long does it take for the judge to get back will he give me a decision by today if my move out on the 2/5/24?

Asked and answered several times.

Thread closed, don't open a new thread attempting to discus the same or similar material.

Your issue is far beyond what strangers can do to assist you.

You need to hire a lawyer, or just evict yourself, before the sheriff's deputies evict you on 4 February.