Philadelphia Eviction Complaint Process

10 Replies

In Philadelphia, after a 10-day Notice to Pay or Quit period for non-payment of rent, we need to file a Landlord Tenant Complaint in Landlord Tenant Court at 1339 Chestnut St, 10th Floor.

After the Complaint is filed/paid for, what actions does the landlord need to take between then and the Court appearance? e.g. would they need to serve anything to the tenant in person or via mail? Or, does the Court handle all of those notifications?

Anything else to prepare?

Thanks in advance.

@Jibu V.

In my opinion you'll save a ton of time and hustle if you use an eviction attorney instead of filling yourself.

However if you do file yourself the court notice will be sent to the tenant and you just need to wait the court day.

Cheers,

Yuriy 

@Yuriy Skripnichenko

Thanks Yuriy.

The reason I asked whether I need to do anything between the complaint filing and the court date is because of what’s written here and a few other places:

http://www.landlordstation.com/news/how-to-evict-t...

“They must also mail a copy of the complaint to the tenant or post a copy at the rental property.“

The guidance on this and other websites isn’t clear as to whether I have a duty to serve the complaint or if it’s fully taken care of by the court.

@Jibu V.

In the future, I would consider looking into joining HAPCO and use their eviction services. Folks like @Steve Babiak have suggested it in the past. 

I never did an eviction in Philly so I have no idea if the information here is correct. But below is some kind of guide. I would take a look at it. 

https://www.phillyvip.org/wp-content/uploads/2016/...

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.


Originally posted by @Chris K. :

@Jibu Vergis

In the future, I would consider looking into joining HAPCO and use their eviction services. Folks like @Steve Babiak have suggested it in the past. 

I never did an eviction in Philly so I have no idea if the information here is correct. But below is some kind of guide. I would take a look at it. 

https://www.phillyvip.org/wp-content/uploads/2016/...

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

 Chris, thanks for linking to that awesome guide. It's very interesting to read it from the perspective of a tenant's attorney.

Although, I think I still have the same question re: how the complaint is served on the tenant. The guide says "The complaint must be personally served on the tenant or posted at the leased premises." Does this mean that the Landlord must serve a copy of the complaint that was filed or is the court taking care of this step? One of the components of the complaint filing fee is a "service" fee. Thanks again.

In terms of HAPCO, I am definitely taking membership, but I wanted to see this process through first-hand for this first go-around for multiple reasons.

@Jibu V. Service of the complaint must be made in accordance with Phila Municipal Court Rules of Civil Procedure, Rule: 111 which states service must be made by authorized writ server. An affidavit of service should be provided by writ server. When filing the complaint, the mc court prothy should have the necessary forms to request service by the writ servers.
Originally posted by @Joseph ODonovan :
@Jibu Vergis

Service of the complaint must be made in accordance with Phila Municipal Court Rules of Civil Procedure, Rule: 111 which states service must be made by authorized writ server. An affidavit of service should be provided by writ server. When filing the complaint, the mc court prothy should have the necessary forms to request service by the writ servers.

 Thanks Joseph. Is that a service that I would need to request or is that done automatically through the complaint filing process? Thanks again.

Originally posted by @Joseph ODonovan :
@Jibu Vergis

You have to request service when you file the complaint.

The total Complaint filing fee was $116.75. One of the fees that were charged as part of the Complaint filing fee is a $27.00 "Service fee - PWS". Do you know if that is the process service fee? Thanks.