Possession

Taking possession of a unit is the actual act of eviction in the sense that most people think about it. The truth of it is that it's a final result of a tenant violating their lease agreement and not making recompense (e.g. not paying rent or staying past the lease term). There are two routes to getting possession of a unit: judgement from the magistrate or through the appeals process. Both of these are outlined separately.  The process is different for each.

Possession as a result of a Magisterial District judgment:

1. A judgment against the tenant is given by a magisterial district judge. This will either be a "pay and stay" or for straight possession. "Pay and stay" is the most common judgment and gives a dollar amount judgment that the tenant can pay the plaintiff (Riva Ridge) up to the day a possession order is executed to stay in the unit. Alternately a judge can award possession of the unit when requested and is more common when someone does not move out at the end of their lease or for other similar issues.

2. The tenant has 10 days to appeal the initial magisterial judgment.

3. If the judgment has not been satisfied and no appeal filed, a Request for Order of Possession can be filed with the magistrate. This can be found here: pacourts.us/Storage/media/pdfs/20210224/222809-requestfororderforpossession-004524.pdf. The fee for filing this can be gotten by calling the magistrate and requesting it. Be sure to clarify when calling if that includes the constable fee or not.

4. The magisterial judge will decide whether or not to issue the Order; typically they do. The order is then delivered to the tenant or posted on their door by the constable. They have another 10 days at this point to appeal.

5. The Order of Possession will be delivered to the manager by mail and include the information on the date that possession can be taken and how to contact the Constable to schedule it.

6. The constable is then contacted to confirm the date and time to execute the order. In those cases where the constable is paid directly, confirm the fees here to have them on hand for the day of the eviction.

7. The manager should schedule with the maintenance manager to have a member of the maintenance team on site at the time of the eviction to change locks and handle any emergency maintenance needs.

8. On the day of the eviction the manager will meet the constable on site. The constable will talk to the tenant if present and escort them away. If they are not present or do not answer, they will be provided entry and sweep the unit for any people. They will typically stay through the time the locks are changed and property secured.

9. The manager will need at least one copy of an Abandoned Property Notice to either provide the tenant(s) or post on the door. The tenant(s) have 10 days to contact the manager in writing to schedule removal of any remaining possessions. The owner/management company is required to hold any items left by the tenant for 30 days. If no other arrangements are made, the remaining possessions can be disposed of after 30 days.

Possession after an Appeals Judgment:

1. Take the Non-Jury Verdict to the Department of Court Records, Civil/Family Division on the first floor of the City/County Building (414 Grant St.) to file the judgment.  

2. Fees can be found here: https://www.alleghenycounty.us/court-records/civil/fees-for-services.aspx.  

3. You will need to file for both a Praecipe of Judgement and Praecipe of Writ for Possession.  There are forms for both that they will have you fill out for both with information from the Non-Jury Verdict. You will need either a business check, cash or money order for paying these fees.

4. Take the receipt and the paperwork from the Department of Court Records over to the Allegheny County Sheriff’s Office Civil Process Division (Office 112, 436 Grant St.) and file for possession with the sheriff.  The current fee is $250 and needs to be paid by business check or money order.

5. After all fees are paid the date of the eviction will be scheduled with the Sheriff's Department.

6. The manager should schedule with the maintenance manager to have a member of the maintenance team on site at the time of the eviction to change locks and handle any emergency maintenance needs.

7. On the day of the eviction the manager will meet the sheriffs on site. The sheriffs will talk to the tenant if present and escort them away. If they are not present or do not answer, they will be provided entry and sweep the unit for any people. They will typically stay through the time the locks are changed and property secured.

8. Any possessions left by the tenants that they declare an interest in reclaiming must be stored at an off-site facility for 30 days at the cost of the owner. The manager will need to arrange for this eventuality in advance. The tenants are not allowed any access after this date even with supervision.