How to Evict a Roommate Not on Lease in Philadelphia
Renting in the City of Brotherly Love is not all it's cracked up to be, especially when you want nothing more than to kick out a roommate. Things can get even more difficult when that person is not listed on the rental agreement.
If you want to know , DoNotPay can help.
The unique Landlord Protection product can help you understand your renter’s rights, send a letter to landlord about repairs on your behalf, help you get back your security deposit, and offer assistance if your landlord is threatening to evict you.
Dealing with impossible roommates and inattentive landlords is a frustrating process that often ends in hurt feelings and negative results. The easy-to-use automated DoNotPay system can walk you through the necessary steps that need to be taken to evict a roommate. Understanding Philadelphia eviction laws is the first step in finding a peaceful solution to your stressful living situation.
Eviction Laws in Pennsylvania
In Pennsylvania, there are landlord-tenant laws in place and strict rules and regulations about eviction laws in Philadelphia, PA. Unfortunately, the state is very landlord-friendly. Renters need to understand their rights to avoid being taken advantage of.
In Philadelphia, a landlord can evict a tenant if:
- A tenant refuses to vacate the rental property at the end of the rental period
- A tenant does not pay the rent on time
- A tenant violates any of the provisions in the lease
Notice to Vacate the Rental Property
According to Pennsylvania law, a landlord cannot evict a tenant without notice, which must be in writing. If a renter fails to pay rent, they can be evicted ten (10) days after receiving notice from the landlord.
Philadelphia eviction laws state that an individual not named on the lease has an oral agreement to be on the premises. They are entitled to a fifteen (15) day eviction notice or thirty (30) days of the term of the agreement is longer than one year.
If your roommate signed the lease, only the landlord is allowed to evict them from the property, no matter how horrible you think they are.
Declaring Tenancy Rights in Philadelphia
If your roommate is not listed on the lease and does not receive mail at the rental property or use the address for official documents, they are considered a guest. If they refuse to leave, you can contact the Philadelphia Police Department and ask them to escort your roommate from the property.
However, your roommate can claim tenancy rights, if they:
- Sleep at the rental property every night
- Receive mail at the rental property
- Uses the address for all official documents and identification purposes
Even if they don't pay rent, tenancy rights make it difficult to have them legally evicted from the property.
What to Do if Roommate Refuses to Leave?
According to Philadelphia eviction laws, if a roommate refuses to leave, you must take the following steps to have them evicted:
- Send a written notice via certified mail to your roommate at the address of the rental property. Indicate why you want them to vacate the premises and give a deadline for moving out.
- Go to Philadelphia Landlord-Tenant Court and start the eviction process by filing a complaint.
- An eviction hearing will be scheduled for the landlord and all concerned parties to attend.
- The judge will decide the case and determine if there are grounds to evict your roommate.
- If there is a concern for harm, contact the police department to issue a temporary restraining order until the matter is resolved.
What Does the Eviction Process Look Like in Pennsylvania?
Your best course of action is to discuss with your landlord . They can start the eviction process on your behalf.
If the landlord did not know the person was living in the rental property, they could have grounds for eviction. Be aware, however, that you could also be kicked out for violating the terms of the lease agreement.
If a landlord is unwilling to help, DoNotPay can help you determine if you can file a complaint against your landlord.
Eviction Process
To evict a tenant in Philadelphia, a landlord must:
- Send a written Notice to Vacate
- File an Eviction Complaint in Philadelphia Landlord-Tenant Court
- Serve the Complaint to the tenant via certified mail
| Judgment for Possession | All interested parties must attend a court hearing. If an agreement is reached before the hearing begins, they must still appear in court to present the deal. If the tenant fails to show up to the hearing, the landlord will win a default judgment. If the judge rules against the tenant, a Judgment for Possession is awarded to the landlord. |
| Writ of Possession | The judgment gives the landlord the right to retain possession of the rental property after the tenant voluntarily moves out or is evicted. The tenant has ten (10) days to appeal the decision. Once the appeal period has expired, the Writ of Possession is served to the tenant and posted on the door of the rental property. Eviction will occur on the 11th day after the Writ is issued. Eviction in Philadelphia does not occur until 21 days after the initial court judgment. |
| Alias Writ of Possession | If the tenant does not leave after 11 days from the date of the Writ of Possession, a Landlord-Tenant Officer or Sheriff will deliver an Alias Writ to the rental property. At that point, the tenant will be physically evicted and ordered to vacate the premises immediately. If this action becomes necessary, the locks on all doors will be changed and a padlock placed on the primary front door. The tenant is forbidden to re-enter the property without the landlord's consent. |
How to Evict Roommate Not on Lease in Philadelphia on Your Own
Eviction is a lengthy and time-consuming process that is especially hard if your roommate is a friend or family member.
Following Philadelphia, eviction laws can be confusing. Attending court hearings, filing legal documents, and serving a roommate with an eviction notice is difficult to manage on your own.
Fortunately, DoNotPay has created a product that eliminates stress when notifying your roommate that it's time to leave.
How to Evict Roommate Not on Lease in Philadelphia With the Help of DoNotPay
DoNotPay is the perfect solution for tenants that need help getting out of a difficult situation. The entire process is super easy and available from the convenience of your home computer.
There are no tedious forms to fill out, and uncomfortable conversations with a roommate that has overstayed their welcome are no longer necessary.
The DoNotPay automated system can also show you how to:
- Get security deposit back from the landlord
- Interpret Philadelphia eviction laws
- Resolve ongoing disputes with your landlord
- Send a letter requesting repairs to your landlord
- Sue a landlord for issues regarding your security deposit
How to break a lease in Pennsylvania using DoNotPay:
If you want to break a lease in Pennsylvania but don't know where to start, DoNotPay has you covered in 4 easy steps:
- Search for and open the Landlord Protection product on DoNotPay.
- Select which issue applies to you.
- Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
- Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.
And that's it! DoNotPay does all the heavy lifting, so all you have to do is relax and wait for your landlord to contact you with a remedy.
Why Use DoNotPay to Learn How to Evict Roommate Not On Lease in Philadelphia?
Using the DoNotPay Landlord Protection product is:
- Fast—You don't have to spend hours trying to figure out the complicated Philadelphia eviction laws. DoNotPay offers quick results right from your laptop.
- Easy—The system utilizes automated prompts that guide you every step of the way.
- Successful—You will complete the necessary steps without jumping the hurdles of a frustrating process.
What Else Can DoNotPay Do?
In addition to helping with issues regarding roommates, DoNotPay can also help with:
- Filing a complaint in small claims court
- Getting a document notarized
- Finding unclaimed money
- Accessing the Freedom of Information Act
- Standardizing legal documents
Confrontation is hard, especially when it comes to trying to figure out . DoNotPay eliminates the hassle, giving you confidence that you have the right tools to solve a messy living situation. Let DoNotPay help you restore your happy habitat!