Q: Pennsylvania:How to kick out my sister? No lease but gets mail . No rent paid, becomes hostile
Pretty much covers it . How to kick out my sister who starts fights soon as I come how from work . Sometimes before I even get home . Sometimes she becomes violent but I'm trying to do this the nicest , family like, easiest way . She not on lease not paying rent but she gets mail . Do I need to get an eviction paper and go through courts (which I don't want to do) or can law enforcement just do the removal? Just looking for free legal advice ...
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A:
In Pennsylvania, if your sister is not on the lease and is not paying rent, she may be considered a guest or a squatter, depending on her circumstances. To remove her from your property legally and peacefully, you typically need to follow the legal eviction process, which involves going through the courts.
Serve Notice: Start by serving her with a written notice to vacate the premises. The notice should specify a reasonable deadline for her to leave, typically 15 to 30 days. Keep a copy of this notice for your records.
Document Everything: Document any hostile or violent incidents, as you may need this evidence later in case the situation escalates.
File for Eviction: If she does not leave voluntarily by the deadline, you will need to file for eviction in your local magisterial district court. The court will schedule a hearing.
Attend the Hearing: Attend the eviction hearing and present your case. If the court rules in your favor, it will issue a judgment for possession.
Writ of Possession: After obtaining the judgment, you can request a writ of possession from the court. This document authorizes law enforcement to remove her from the property if she still refuses to leave.
While going through the eviction process may not be your preferred option, it is generally the legally required method for removing someone from your property. It's important to follow the proper procedures to avoid potential legal complications. If you have concerns or need assistance, consider consulting with a local attorney who can provide guidance tailored to your specific situation. This response offers general information and should not be considered a substitute for professional legal advice.
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