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Updated about 5 years ago on . Most recent reply

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Francis Nguyen
  • Real Estate Consultant
  • Philadelphia, PA
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Eviction vs Ejection Process

Francis Nguyen
  • Real Estate Consultant
  • Philadelphia, PA
Posted

I have a client that closed a deal with a squatter. What is the process like for either eviction or ejection?

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Chris K.
  • Attorney
  • Nashville, TN
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Chris K.
  • Attorney
  • Nashville, TN
Replied

@Francis Nguyen

Basically what @Sheldon Zimmerman said. They designed the eviction process to get the underlying dispute resolved fairly quickly through the magistrate. For ejectment actions, you need to start at the Court of Common Please like most other civil complaints. 

The main difference between the two actions is whether there is a landlord-tenant relationship between the parties. Squatters generally do not. So historically you had to bring an ejectment action. I have heard people sometimes get an eviction action to remove a squatter at the magistrate level. But while nice for the landlord, it's probably incorrect as a matter of law. 

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.

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