Tenant Physically Removed 2x and continues to Re-Enter property

[Sheila Hart]

What is the name of your state? Pennsylvania
I have gone to court, the Judge gave me possession of the property. I went throught the entire process with the court filings for evictions. I got the Writ of Possession, then the Alias and a lock out date, January 26, 2006. The Courts sent me to a Landlord-Tenant Deputy, they went to the property and evicted the tenant. I live in California. The tenant broke into the property and moved back in. I found out she was there after the 30 days that I had to keep her belongings. Police couldn't do anything, they say go back to the Sheriff. The Landlord-Tenant Deputy says that I have to get a Re-Issue Alias Writ. I flew to Philadelphia. I went to Municipal court, got the Petition to re-issue the Alias Writ. I went back to the Landlord Tenant Deputy. They scheduled a lock out for March 23, 2006. The Deputy came and evicted the tenant. I had the lock smith there to change all the locks and screw down entrances. The tenant came back that night, broke and removed all locks and moved back into the property. The police came out and told her she had to leave. She left. I had the locks changed again and she did the same thing. She removed the locks , and is definate not to move out. This time the Police said that is a Sheriff matter and that they don't do evictions. What do I do? How can a court order be upheld? The Police claim that she has a document dated March 23, that says she has an appeal pending, therefore there is nothing I can do. What or How can this happen??? Someone please advise me. I need her out. I want to file a complaint for criminal trespass and burgarlry, but I'm being told until I prove she has no right to be there I can't. I thought I did that.

Help!!
Sheila

 

[BL]

If the tenant wants to appeal the District Justice's decision, the appeal must be filed within thirty (30) days after the judgement for possession has been entered by the District Justice. It is then possible to stop the eviction until after the appeal is heard in the Court of Common Pleas, although it may be necessary to post a bond unless the Court gives permission to waive the bond or to deposit rent instead of a bond. The process of appeal may take several months.

http://www.tenant.net/Other_Areas/Penn/harris/pa-part5.html

This would seem like a case of tresspass to me , but check with the Court clerk to see if the tenant has a right to be there .

You would be way better off to hire a landlord tenant Attorney where the rental is located to handle it at this point .

 

[Schwippsy]

Hi Sheila,
I do not have any advice for you, since I am just a LL going through similar probs for the first time myself. I just thought I let you know, that I know your pain and wish you best of luck. Hang in there!