New to Real Estate · Philadelphia · Member since 2020 · 3 posts · 1 vote
I am considering an investment property in the Philly area but it is being listed as squatter occupied. I don't have the full details of the situation e.g. how long they've been there, what action has been taken so far etc. I only know (or have been told) that the current owner has begun the ejection process in the last few weeks.
Before deciding if it's worth the investment I was wondering if anyone has had experience with this before and what action/steps were taken? Assuming this is quite a long process to go through to have them removed?
Property Manager · Ridley, PA · Member since 2017 · 427 posts · 449 votes
5y
@Giles Pearce A couple things here. A squatter who does not have a lease must be ejected from said property thru Court of Common Pleas in Philadelphia County. This is different than an eviction which is handled in Landlord/Tenant Municipal Court in Philadelphia County. Very different procedures. The Covid19 hold on is for evictions only. So you can file to eject a squatter immediately. The downside is the cost to eject is higher and it takes roughly 6 - 12 months to get a squatter out, that is if the squatter is intent on not leaving. Some professional squatter know the system and know how to drag it out. As mentioned earlier, try cash for keys first, hopefully they bite. If not, this could get costly.
Rental Property Investor · Mountain View, CA · Member since 2017 · 83 posts · 59 votes
5y
@Giles Pearce very relevant. Philly has moved evictions until May 2021 for most cases, and I suspect it will be further than that at this point. Be very careful in this environment.
Property Manager · Ridley, PA · Member since 2017 · 427 posts · 449 votes
5y
@Giles Pearce A couple things here. A squatter who does not have a lease must be ejected from said property thru Court of Common Pleas in Philadelphia County. This is different than an eviction which is handled in Landlord/Tenant Municipal Court in Philadelphia County. Very different procedures. The Covid19 hold on is for evictions only. So you can file to eject a squatter immediately. The downside is the cost to eject is higher and it takes roughly 6 - 12 months to get a squatter out, that is if the squatter is intent on not leaving. Some professional squatter know the system and know how to drag it out. As mentioned earlier, try cash for keys first, hopefully they bite. If not, this could get costly.
Rental Property Investor · Mountain View, CA · Member since 2017 · 83 posts · 59 votes
5y
@Brandon Ribeiro see the following note from my PM this is the latest as of last week:
“””
After a call this morning with a few other landlord attorneys in Philadelphia- I wanted to pass on an update on the local eviction climate.
Bottom Line- evictions initiated in Philadelphia today for non-payment will not be executed until ~May 2021 at the earliest. I expect further delay. Of those cases that make it on the hearing schedule- a significant majority are being thrown out for any and all technicalities. A few of which include;
Required EHPA disclosure
Required Notice to Quit
Required diversion conference timing/scheduling
Existence and timing of Certificate of Rental Suitability
Existence and timing of Rental License
Existence and timing of Lead Safe Certification
Receipt of Partners in Good Housing Pamphlet (and addendum)
Rental Assistance Funds Acceptance timing
Service of the complaint
Hardship certification of tenants
Timing of complaint filing (before 9/1)
All defendants are receiving legal representation from advocacy groups. The attorneys in these groups are heavily involved in creating the ordinances and well aware of all technicalities. Requirements and rule interpretations are evolving daily. Eviction court judges are effectively using the plethora of regulatory requirements to punt cases to this summer.
Real Estate Broker · Philadelphia, PA · Member since 2016 · 228 posts · 95 votes
5y
@Joseph ODonovan I agree. My team has done cash for keys on several occasions. Most of the time it comes down to leveling with the squatter and understanding their situation, then coming to an agreement. If that fails, then ejection it is.