An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Pennsylvania General Form of Complaint, Petition, or Declaration for Ejectment
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FAQ
Depending on the actions of the Defendant, obtaining an order for Ejectment can take as little as a month to as long as a year. Don't let this shock you. If the Defendant truly has no right to the property, Ejectment cases can be handled in a few months.
In Ejectment actions, the Plaintiff has an immediate right to regain possession of the property. In eviction actions, the landlord does not have immediate right to possession. The tenant has the right to possess the property until his contractual lease is terminated.
To seek ejectment, the owner must file a complaint in the common pleas court in the county where the property is located. The proceedings follow all of the formalities of a traditional civil lawsuit, so an owner should definitely hire an attorney to ensure the requirements of an ejectment action are followed.
Complete the Civil complaint form fully and neatly. Be sure to provide enough information so the person you are suing knows why he or she is being sued. Once the complaint is completed, you must file it at the correct Magisterial District Court office. Be prepared to pay the filing fees.
Ejectment Complaint Packet - Philadelphia A complaint in ejectment is filed in the "Office of Judicial Records which is located in City Hall room 296... or electronically through the Civil Electronic Filing System at ." "The cost is $333.23 + $17.00 per defendant."
A complaint in ejectment is filed in the "Office of Judicial Records which is located in City Hall room 296... or electronically through the Civil Electronic Filing System at ." "The cost is $333.23 + $17.00 per defendant."
Ejectment. n. a lawsuit brought to remove a party who is occupying real property. This is not the same as an unlawful detainer (eviction) suit against a non-paying or unsatisfactory tenant.
The most common way to prove superior right to possession is to present the court with a certified and recorded deed. 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.