Getting evicted with small children in the state of Pennsylvania?
My landlord has sent us a 15 day notice of eviction because he came into our house when we were not here and without permission or notice and saw that we had gotten a small dog. The lease does say that pets are not allowed but the guy is a family friend and said he would let it slide with our other two dogs because it is a big house with a huge yard. We do not pay rent, instead we work for him (a lot) in lou of the rent but on the eviction notice he stated that we owe him $4000 in rent! My husband landscapes all of his properties (including a huge apartment building), is the super of his apartment building, fixes his other rentals, and cuts down his trees. He has never paid us for our work it has just always come off of the rent. We have lived here for a year and have never received a rent bill or a late notice. We have three babies and I heard that in the state of PA you can’t evict someone if they have small children, is that true? What are our rights?
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By QueenLori, June 25, 2010 @ 10:40 am
This should help you. Click on “The Landlord Evicts The Tenant.”
In the mean time, I advise you that in the future you should get everything down in writing and leave nothing to chance. If someone does not want money for something and tells you that you can work for it in exchange, write it down and everyone sign it and get it notarized.
By allened11, June 25, 2010 @ 5:23 pm
You’ve got your hands full with this one.
This guy has wronged you on so many levels, it’s hard to know where to start.
First and foremost. I am NOT a lawyer and you need to seek quick legal advise. I Know money is an issue so Search online for “free legal help” “stop eviction Pennsylvania” “Legal Aid Pennsylvania” etc and you’ll come up with some numbers to call.
Certain states will allow you quick estoppel from eviction. You basically file a cease and desist and it gives you about 3 months to explain your situation to the court. Not sure of your laws in your state and that’s why you need legal advise.
First of all, this guy has let you live there in lieu of work performed. And if you have “mechanic’s laws” in your state, you can file a lien on this guy’s house for all the work your husband has performed and not received compensation for.
Secondly, you might have legal relief because of your small kids. So check the appropriate laws on that.
Lastly, if the landlord has seen the dog in your house and has allowed him to stay, then he has in essence consented to a revision in the lease. The problem is going to be the proof element. Maybe someone heard him say that the doggie was ok. Maybe after the judge sees what a jerk he is, then he might also assume that he consented to the dog.
In any event, there are laws that he has to adhere to in order to evict you and these laws vary greatly from state to state.
I can tell you from personal experience that a tenant who used a grea lawyer here in Los Angeles was able to postpone and delay me from evicting him for 14 months. He was a pro at it!!!
14 months of not paying me a dime and sitting in the house.
And here is the kicker. When the Sheriff’s went there to evict him, his wife got into an altercation and fell down in the house and ended up SUING me and my insurance company.
Now how’s that for a horror story.
Get some help fast and make sure they’re specialists in the tenant laws. This is your best bet.
Good luck and God Bless You and Your family
By weeotch, June 28, 2010 @ 4:03 pm
I woul dcheck with the PA housing departmet….i think it’s highly illegal and you should get a lawyer