Sewell, NJ asked in Real Estate Law for Pennsylvania

Q: I'm selling a house which a family member is currently living in for free, no lease, & refuse to vacate. What can I do?

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1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: Although you say there is no lease, it sounds like there is actually an oral month-to-month lease, as I gather that, at some point, permission was given to the person to live there. The fact that the person is living there without paying rent does not mean that there is no lease. If you are the owner, you can send written notice to end the oral lease in thirty days. At that point, if the person still refuses to leave, you need to file suit before the applicable magistrate for "ejectment." Once you get a judgment for ejectment, the magistrate can enforce it and force the person to leave.

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