Pennsylvania 13. Writ of Possession — Ejection is a legal document issued by the court to a landlord or property owner granting them the right to repossess their property from a tenant or other occupant. This document, also known as a Writ of Restitution, is used when a tenant or other occupant has violated their rental agreement or failed to pay rent and is no longer permitted to occupy the premises. The Writ of Possession — Ejection requires the tenant or other occupant to immediately vacate the premises and surrender possession of the property to the landlord or property owner. The Writ also orders law enforcement to assist in the eviction if necessary. There are three types of Writs of Possession — Ejection: Summary, Emergency, and Standard. The Summary Writ is for nonpayment of rent, Emergency Writs are for other violations of the rental agreement, and Standard Writs are for all other reasons.
Pennsylvania 13. Writ of Possession - Ejection
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FAQ
HOW LONG DOES IT TAKE TO FILE AN EJECTMENT? A Philadelphia ejectment lawyer may recover possession of your property in four to seven months. In Philadelphia, PA an ejectment is a legal process to remove a squatter from property. The time frame is four months to a year depending on whether the defendant takes action.
Evictions are applicable where there is a landlord-tenant relationship between owner and occupant. For example, if the occupant has paid rent or signed a lease with you then you must file an eviction. Ejectments are applicable where the occupant has no legal or equitable right to the property.
An action in ejectment is required to obtain possession of the property and an action in assumpsit is required to recover the rent. Although not permitted in the court of common pleas, such joinder is permitted by the Rules of Civil Procedure for Justices of the Peace. Pa.
An action in ejectment is required to obtain possession of the property and an action in assumpsit is required to recover the rent. Although not permitted in the court of common pleas, such joinder is permitted by the Rules of Civil Procedure for Justices of the Peace. Pa.
Stopping the Writ of Execution The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment.
The defendant may assert various defenses to the ejectment action such as the deed is fraudulent, existence of a landlord-tenant relationship, and/or adverse possession. Following successful disposition of the case the plaintiff must file a writ of possession.
Ejectment is a common law cause of action by a plaintiff who does not actually possess a piece of real property but has the right to possess it, against a defendant who is in actual possession of the property.