First, let me say that I am so thankful to have Bigger Pockets as a resource! We have a new family business in real estate investing, rentals and flipping houses.  We continue to learn with every adventure. We have a tenant that we started the eviction process for a year ago. His lease was to end August 2018. He appealed. His lawyer found a loophole in the lease. Trust me when I say that this won’t be a problem in the future! However, our lawyer assured us that through the appeal process he would leave. He has not even begun to pack a single box. So now we are a year later, have given 120 day notice, 90 day notice and 30 day notice and still has not left. It is a nice apartment but not that nice!  I do not feel our lawyer is acting in our best interest. The tenant has continued to pay rent to the court but he is also harassing the other tenants in the duplex, he records every interaction at the property and is becoming  a safety concern for all involved. What other options do we have at this point?  

Pretty simple. Fire your attorney and hire another one that works in your best interest. However, your current attorney, while possibly lazy and incompetent, is likely working in your best interest. 

Move into the unit above him and make his life a living hell.  I am kidding.  If he signed a new lease with the loophole closed, why can't you get him out this time?  Find a lawyer who specialized in evictions and hire them.

Where is your rental located?  Someone here might know a good attorney you can use.

There was never a new lease signed. His lawyer successfully argued that it would move to month to month and a new notice needed sent to vacate. That came and went, even when we were granted possession, as he has just continued to appeal at every step. The duplex is located in Tyrone, PA so any recommendations you have are more than welcomed! Our current lawyer was recommended by a family member but does not necessarily specialize in evictions. 

@Erin Bonsell   Find a lawyer who specialized in evictions.

If I need to screw in a screw I don’t get a socket wrench.  

    If the law doesn’t specialize in evictions go find a lawyer who does.  

I have a friend from Tyrone, PA. I went to college with her. 

In Pennsylvania, you should have the tenant evicted in around 50 days (more like 45 days).

I had my hearing on the 5th of August in PA where I won a judgement and the constable will be physically removing the tenant a week from tomorrow (if the clown tenant is stupid enough to still be there). Locks will be changed during that time. 

Go to the local district magistrate's office and file paperwork. They'll tell you instructions and the timeline. If you want to use a lawyer they'll give you paperwork for that also.

I decided to not hire a lawyer and the hearing was under 10 minutes long. I got my judgement and 11 days later I filed for possession (they processed it the following Monday and it takes 10 days from there in the state of PA). 

Oh boy.  Hope you get them out soon.

Been there, done that (in California). Had a tenant get arrested and just before he got arrested his girlfriend moved into the house. He ended up going to jail and I told her to leave and I got a big FU. I hired an attorney who specialized in eviction and she was served the papers. In California, there are Tennant advocacy attornies who will work pro per on behalf of the Tennant and are pros at stalling and costing the owner lots of attorney fees. 

Even after the eviction order from the court, she remained while the case was on appeal. I figured it was going to cost 20K+ to go to appeal and 6-9 months of lost rent. I offered her 10K cash and she was out the next day (naturally she dropped her case with prejudice and signed that she was voluntary leaving and had no further interest in the home)

I tell this story, because to hell with principle, see if they will more for cash (cash for keys). Start with 5K in cash. probably more money than they have ever seen.

Just wondering....

Can you tell us what the loophole was?

You got me curious to see if I have the same loophole in my contract.

Originally posted by @Mike Franco :

Just wondering....

Can you tell us what the loophole was?

You got me curious to see if I have the same loophole in my contract.

Yes I want to know this too !

3 votes for loophole disclosure!

@Erin Bonsell

It's very hard for folks to give any meaningful advice without knowing all the facts. What was the original basis for the eviction? What is the current issue on appeal? And what stage of the appeal is it in? Court of Common Pleas? Superior Court?

Based on what you wrote, it sounds like you either have a high-income tenant or a tenant that has a personal connection to a lawyer. Generally, tenants fail on appeal because they cannot keep up with rent and deal with the formalities involved when you go above the magistrate level. But if they can overcome that (and they feel spiteful), they could theoretically drag out the matter for years. It's rare but it happens from time to time.

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.

The loophole...insert embarrassing emoji face here!!! 😊 Hopefully the group can appreciate that we are still learning! There was double language. The lease is a year lease and if no new contract signed it reverts to month to month.  There was a specific event that prompted the need for eviction and 30 day notice was given.  The tenants lawyer was able to argue that the lease automatically renewed for another year. The judge agreed that it became month to month. The tenant was able to appeal, and continues to do so. We have moved beyond the magistrate now and have a hearing at our county courthouse next week for back fees and possession although we already were awarded possession at our last hearing. Crazy that we have to be awarded possession on a house we own!   I recently learned about cash for keys on a Bigger Pockets podcast but we were too far along in the process for that and I honestly think he would not take the offer. I appreciate all the feedback. And...we have a much cleaner process for tenant selection and our new lease is 300% better. 

The lease is a year lease and if no new contract signed it reverts to month to month.

how is that not clear enough language? How do you appeal against something so clear?

Nowhere does it say you automatically get another year. It goes to month to month if nothing is signed.

I'm curious what the tenant is actually appealing.

.

My contract states:

1. 1. LEASE TERM: The term of this Agreement begins on xxx 1, 2019 and ends on xxx  30, 2020. Upon termination date, RESIDENT shall be required to vacate the Premises unless OWNER and RESIDENT formally extend this Agreement in writing or create and execute a new, written, and signed agreement.

@Erin Bonsell I'm assuming that you started the eviction process because of non payment? I was just curious?

@Erin Bonsell I've never evicted anyone , Because they it will usually take/ cost more money than its worth ! Always renegotiated contract and worked with the renter , It cost so much for court , attorney etc. Plus if you make them mad they will tear up your rental property!😀

@Erin Bonsell

I see. Just so you know, this is probably what's happening:

• When a tenant appeals from the magistrate court, it's a de novo appeal. It basically means the magistrate hearing is moot. So you will need to do a new complaint, new hearing, etc.
• Likewise, the Court of Common Pleas will automatically grant a supersedeas as long as the tenant posts the rent. This means that no one can enforce the judgment at the magistrate level until you finish the proceeding at the Court of Common Pleas level.
• Just based on the procedural rules, the tenant has a month or two to file an answer. If they want to drag it out, they could reasonably stretch it out to three months or more (e.g. filing preliminary objections, etc.). Then you could have discoveries, judgment on the pleadings motions, summary judgment motions, etc. 

Based on the above, I'm not particularly surprised that you are now only getting to the hearing at the Court of Common Pleas level. Cases do not move fast once you get to the trial court level. There are things that you could do as a lawyer to get to the judgment faster for you but it will cost money. Going back and forth on a single motion is a few thousand dollars depending on the complexity. Given that this is an eviction matter, I assume your attorney thought it was not in your best interest to consider those options. It also sounds like you did not evict him for failing to pay rent. This could mean that the issue before the Court of Common Pleas involved more complicated legal or factual issues. That would further drag out the proceedings. 

Note that the tenant has the right to appeal one more time to the Superior Court if he has the money and wants to be spiteful. That could take another six months to over a year. Even if he loses there, he could file a petition with the Pennsylvania Supreme Court to hear the matter. They probably won't grant it but that buys him another few months. 

I guess what I'm trying to say is that lawsuits are lengthy and complicated. The remedy for most landlords in this situation is non-payment of rent. If he fails to pay rent, you can follow certain procedures to revert it back down to the magistrate level. But if the tenant can pay and afford a lawyer, theoretically they could drag on the matter for years. It's rare but it happens from time to time. 

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.

in this case, you should do your damned best to get an eviction on record for this snake. for the greater good.

Put that eviction and judgment on his record, for karma.