Pennsylvania Writ of Possession

State:
Pennsylvania
Control #:
PA-SKU-2349
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Description

Writ of Possession

A Pennsylvania Writ of Possession is a court order that is issued when a tenant fails to pay rent or otherwise breaches their lease agreement. It gives the landlord the legal right to regain possession of their property. This type of writ is commonly used in eviction proceedings. The two types of Pennsylvania Writ of Possession are Summary Possession and Possession After Judgment. A Summary Possession writ is used when a tenant has failed to pay rent or has breached their lease agreement and the landlord is seeking immediate possession of the property. A Possession After Judgment writ is issued after the landlord has already obtained a court judgment in an eviction case. This writ gives the landlord the authority to evict the tenant from the property.

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FAQ

It takes 5 days for the Writ of Possession to be issued by the court. Law enforcement officials have 48 hours to serve this court order to the tenant. After that, the tenant has 10 days to move out of the property.

The Writ of Possession notifies the tenant that an eviction will take place on or after 11 days from the day the Writ of Possession is served. As a result, no eviction can take place until 21 days after the court judgment- (10 day appeal period + 11 day Writ of Possession).

Order for Possession If the judgment is Possession Granted, you will have to move out of the home by the scheduled eviction date even if you pay all the money owed in full.

Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.

How do I file an appeal? File on time. You have 10 calendar days to appeal a judgment for possession (eviction).File the appeal. In person.If you are low-income, ask to file In Forma Pauperis (IFP) to file your appeal for free. Escrow your rent.Serve the court papers.

A writ of possession is served following a default judgement or eviction lawsuit. The Sheriff is the person who serves the writ on the occupants and it usually has to be served to the tenant or occupants in person. The writ of possession often gives ample time before the eviction is enforced.

The order for possession deals only with delivery of possession of real property and not with a levy for money damages. A landlord who seeks execution of the money judgment part of the judgment must proceed under Rule 521A, using the forms and procedure there prescribed.

Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.

More info

States the court's order to the sheriff to take and hold property that the plaintiff claims is theirs but that the defendant is wrongly keeping. A writ of possession is a legal document a court issues after a landlord is successful in an eviction lawsuit.It is important to have the Sheriff complete the eviction process, post the premises with eviction restoration notice and give you your copy of the notice. A writ of possession is one legal document that a landlord and tenant never want to see. A Writ of Possession of Real Property is commonly referred to as the "eviction" writ. A writ of possession gives a sheriff or other county officer the power to lock out someone wrongfully staying on a property owner's premises. After you get a judgment for possession, you must wait two full business days before you can file a Writ of Restitution. (Include in this statement whether any part of the claimed property is within a private place that may have to be entered to take possession. A writ of possession is issued to evict an occupant from the property. A writ of possession is a court order that authorizes a law enforcement officer to remove a tenant and their possessions from a rental home.

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Pennsylvania Writ of Possession