I live in PA and have an eviction hearing scheduled this month. How much time will I have to move after the hearing takes place? will they use my security deposit toward what I owe?
The District Court should set an advance date for the constable to change the locks, etc., so you'll have ample warning before it happens.
Concerning your security deposit, the wording of the lease will control whether it will be used towards unpaid rent. It probably will be, as most decent leases contain language that allows for this.
Best of luck to you.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
Real Estate Attorney
Check out my LLT timeline at http://www.avvo.com/legal-guides/ugc/pa-land-lord-tenant-time-line. This site has al ot of resources for self help with questions.
DISCLAIMER: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
James S. Tupitza
212 W. Gay Street
West Chester, PA 19380
You will have notice of when to vacate. Your security desposit may be used if you owe unpaid rents. This may be in your rental contract or it also may be ordered as damages by the court. You may also lose your security deposit if there is any damage other than normal wear and tear to the premises. Finally, the court can award attorneys fees and/cost of the eviction proceedings to the landlord and your security deposit may be applied to this, as well.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.