What happens during forcible eviction in Pennsylvania?



drf2684 asked:

My tenants are scheduled to be forcible evicted next week by the court constable. Do I need to be there during the eviction? Are they going to change the locks? Do I need to change the locks? Should I have a locksmith there or something? I’ve already been through the court, posting and all the others. Thanks!

More questions & answers:

  1. The Bailiff said he will be at my home with a locksmith within 7 days to gain entry to my home can he do that?
  2. change of occupation?
  3. A friend of mine who was publically ridiculed in a Cafe by a bullying Owner?
  4. att of locksmiths?
  5. How much does it cost for a locksmith if?

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Comments on What happens during forcible eviction in Pennsylvania? »

four @ 6:30 pm

its your property,you change the locks.im not sure what to do about furnishing etc that are left behind,you really should contact the constables office and ask them what you should/need to be doing,theyve done this before and can answer your questions.

goz1111 @ 8:53 am

the sheriff officer is only there to escort the tenant out of the place, if they refuse to move the stuff it will be your responsibility to have the things removed that day when the sheriff officer is present, also they are not going to wait around all day so have a few people on hand to help with boxes

you should change the locks that day also

PIE R SQUARED @ 3:34 am

You will need a locksmith to change the locks AND also pick the lock if the tenants will not open the door. Otherwise the sheriff will break down the door.

I recommend you be there with your video camera and record the condition of the place AND any contents left behind.

Andy C @ 5:28 am

I don’t know how it works in PA for sure, but it’s pretty straightforward here in Michigan.

You show up with the cops, and the tenant is evicted. They are allowed to grab basically what they can carry in one trip, but they have already had a chance to move their stuff out and don’t get all day. If the tenant doesn’t leave, the cops will arrest them for trespassing, but it usually doesn’t get to that point.

Once they leave, the place is yours. You can change the locks or do whatever you would like. If there is evidence of vandalism you can usually have the tenant arrested or ticketed right there. If they come back and vandalize the place, the cops will go and arrest them.

It’s not fun, but whatever is left behind is your property. One of my sisters friends works for a bank and does their evictions – all of the money they make is from the resale of stuff that is left behind. Bring a camera to tape everything in case you have to sue them for damages.

godged @ 3:00 am

The Sheriff will only enforce the eviction, they won’t change the locks. You should be there with a locksmith in case the tenants won’t open the door. If the tenants won’t open the door, the deputy will break the door down. They will allow the tenants a couple minutes to gather their stuff, but they aren’t going to hang around for hours while the tenants move or you work on the locks. If the tenants do open the door, once they are removed from the property, your locksmith can change the locks.

I agree with the other posters that it is a good idea to video tape everything in case their is litigation down the road.

civilwarbuffy @ 11:00 pm

The Pennsylvania Landlord And Tenant Handbook by D. Patrick Zimmerman Esquire states on page 83

Forcible Entry and Ejectment

Rule 519 allows the Constable or sheriff who is executing officer of the Order of Possession to forcibly remove a tenant or any unauthorized persons from the premises after notice has been given. The eviction will take place after notice is given.

No you do not have to be there. No they are not responsible for changing the locks that is the landlords responsibility.

Patrick @ 5:10 pm

“If the Constable has to forcibly evict the tenant, and the tenant has not arranged for a place for his/her furniture and belongings, the Sheriff or Constable can store the furniture and belongings at a storage company at the tenant’s expense. A tenant must pay any storage bill before getting his/her furniture and belongings back. If the tenant does not pay the storage bill or make arrangements regarding the furniture and belongings, they may be sold by the storage company to pay the storage bill.”

You should be there during the eviction with the sheriff. You will want to see what damage, if any, has been done to your property. You will also want to regain possession and this is the perfect time to do it. You should be prepared to change the locks, that is your responsibility. Having a locksmith there would be the best bet unless you are comfortable doing it yourself.

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