Eviction Judgement Granted on Month-to-Month Residential Tenant
When our real estate investor client purchased a single-family home in the Tacony section of Philadelphia, a tenant was living there with an oral, as opposed to a written, month-to-month lease with the previous owner. Shortly after our real estate investor client took ownership, he sought to terminate this lease arrangement in order to obtain possession of the property, make renovations, and rent it at a higher amount. After the current tenant refused to vacate the property, our real estate investor client retained our services.
After we were retained, we immediately commenced eviction proceedings in the Philadelphia Municipal Court. While our real estate investor client also had the option to initiate the lawsuit in the Philadelphia County Court of Common Pleas, based upon our advice, he elected to do so in the Philadelphia Municipal Court due to its faster processing time, amongst other considerations.
On the day of the trial, as is customary for disputes in the Philadelphia Municipal Court, our real estate investor client and his tenant were given the option to negotiate a settlement prior to proceeding to trial. With our assistance, the parties were able to arrive at a “Judgment by Agreement”, pursuant to which the tenant agreed to pay $1,800 in the back rent due to our real estate investor client and vacate from the property by the end of that month.
A Judgment by Agreement is frequently utilized in the Philadelphia Municipal Court as, unlike a judgment issued through a trial, it is not appealable and ultimately prevents the parties from reneging upon the terms and conditions set forth in that judgment. Ultimately, the tenant refused to vacate from the property within the period of time prescribed by the Judgment by Agreement.
After we received court permission to evict the tenant due to the existence of a breach of the Judgment by Agreement, the tenant attempted to appeal it first to the Philadelphia Municipal Court and then to the Philadelphia Court of Common Pleas. In the end, the tenant’s attempt to appeal the Judgment by Agreement was unsuccessful and deemed invalid and the tenant was ordered to vacate the property. When he failed to do so, we had the landlord-tenant officer forcibly evict the tenant based upon the Judgment by Agreement.
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