Evictions

Filing for an Eviction

• Once a tenant owes over one month's rent and the owner confirms that they want to file for the rent due the PM starts the process.

• The tenant should be notified in writing of the filing (see sample below).  Doublecheck that their lease waives the need to post notice.  The standard Riva Ridge lease includes this (see Section 4.3) but HCVP and other leases include a requirement to post notice 10 days prior to filing with the magistrate.

• Complete the Landlord Tenant Complaint (LTC) form and submit it to accounting to be mailed with a check for the fees. You will need the following to do this:

  • The fillable Landlord Tenant Complaint form here: https://www.pacourts.us/Storage/media/pdfs/20210515/220318-file-71.pdf.

  • Which magistrate the unit is located in: https://apps.alleghenycourts.us/magisterial-district-courts/SearchFilingLocation.aspx. You might have to call the magistrate's office directly in instances where a street is long and falls into two different districts (e.g. Arlington Ave. in Mt. Oliver/Southside Slopes or Lynn Ave in Turtle Creek)

  • The tenant's lease information and amount owed from the tenant page in Appfolio.

  • The filing fees which need to be obtained by contacting the magistrate directly for the fee. They will need to know how many tenants on the lease and how much is owed to give the amount needed.

  • Some magistrates will require that an Authorization of Representative form to be included when the LTC form is submitted. A copy will also be needed at the hearing. The form is here: https://www.pacourts.us/Storage/media/pdfs/20221115/152545-220318-authorizationofrepresentativeform317-003474.pdf.

• Once the form is processed by the magistrate they will send information on the hearing to the PM and to the tenant.

What do I need to bring to a hearing?

• A copy of the landlord/tenant complaint you filed

• Lease copy

• Management Agreement copy

• Tenant Ledger copy

• Authorization of Representative , the owner authorizing RR to represent

• Any and all documentation and communication

  • Any and all communication had with any of the defendants regarding the suit and eviction request

  • Photos of damage

  • Text messages

  • Phone calls with dates and times

  • Non-renewal notices, or other notice documentation

• Form of photo identification

• 3 Copies of All Documentation brought

Tips for the Eviction Process

• When in doubt, talk to your supervisor. Each case is different and has its own nuances. If you ever doubt a step you’re taking, or have questions about anything, reach out.

• Use the magistrate clerk as a resource. They can also walk you through the process of how the paperwork and hearing will move forward.

  • Good Questions to ask:

    • What paperwork other than the lease and supporting documents should I bring? 

    • Does the judge require any additional forms to be filled out that I should bring to the hearing or mail to you?

    • Will there be additional files after the initial filing fee?

    • How does the constable process work with this magistrate?

• Document everything and make sure you have that documentation readily available when discussing the case.

• Create a summary to reference

• After the judgement is issued, the tenant still has 10 days to appeal. The appeals process is very different in structure from a filing with the magistrate. See the section on Appeals to understand that process.

• Dress appropriately: no shorts, t-shirts, etc.

Relevant Forms & Websites

1. Request for Order for Possession

2. All PA Public Forms

3. Magisterial Case Search