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I had a rent to own with a landlord, we missed 2 payments and now he sent us a 10 day eviction is there any thing i can do?

Pottsville, PA |

he took us to a magistrate and we were told we would have thirty days to pay what we owed, it was not even 10 days ago and we got papers from the constable that we had 10 days to make payment or we would be evicted.

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Attorney answers 3

Best Answer

You should see a real estate lawyer as soon as possible. Depending on the structure of your agreement, you might have an equitable interest in the property - meaning that the landlord would have to foreclose on the property rather than just evict you as if it were a regular landlord/tenant relationship. This will give you more legal protections and much more time.

Further, no matter how the relationship is interpreted (lease or mortgage), you still have a right to cure the default, by bringing all of your payments current.

If you cannot afford a lawyer, seek help from your local legal services organization -- they will often assist with landlord/tenant matters.

Good Luck.

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Marshall Chriswell

Law Offices of Marshall D. Chriswell
714 Philadelphia St., Suite 200
Indiana, PA 15701
(888) 438-5977
(724) 465-5826


Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.


Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

This communication does not constitute legal advice and does not establish an attorney/client relationship. If you are seeking legal advice, feel free to contact our offices.


Unfortunately, you have 10 days to appeal an award of possession from the date of the decision. The decision may not have been dated on the date of the hearing. Today is November 5. If the decision was made (read the notice) on the 24th or later, you can appeal today. But it must be today or you lose the right to possession. Go to the County Prothonotary's Office. Take your check book, since you will have to pay money into escrow for rent and may have to pay court costs to file a notice of appeal. Also, take the notice of the decision.

If you qualify under the guidelines established for the poverty level, you won't have to pay the full amount of the escrow and the filing costs. But it will take you some time, so go immediately.

I recommend you consult a lawyer with a background in real estate and preferably some landlord tenant experience.

Clifford L. Tuttle, Jr.
Attorney at Law
Pittsburgh, PA

The foregoing answer does not constitute legal advice and does not create a lawyer-client relationship. Answers are based upon the facts stated and may change if there are additional facts not contained in the question.


Depending on what is in your rent to own agreement, the owner may not be able to evict you. I am in Pottsville and offer a free consultation. Would be happy to speak with you and take a look at your agreement. I handle cases like these on a regular basis.