Letter of Ejectment

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Latest post 01-24-2014 9:47 AM by Chris8620. 39 replies.
  • 06-28-2012 4:56 PM

    Letter of Ejectment

    I've been renting my home for the last 7 years.Lanlord lost house in Sheriff sale.Bank bought the house.

    Today the sheriff knocked on the door and gave me a Ejectment Notice?I have no idea what this is and i will admit these papers are very confusing.What exactly does this mean?How long will i have to move at this point?

    I've been looking for a place to move because i need to stay in the area due to my children being special needs and their schooling.But it cannot happen fast enough for me!

    The notice basically says i have 20 days to file a response.Also included in the stack of papers was a copy of the deed with the banks name.The Tenant Forclosure Rights saying about the 90 Days.

    Please help.You guys were very helpful with my last post when they switched all utilities into their name without my permission.

    My main concern is...how long will it be until they can throw us out?I have no current lease.My lease with the previous lanlord had expired.
    Thanks

    P.s I'm in Monroeville,PA

  • 06-28-2012 5:04 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,268

    Re: Letter of Ejectment

    There is a recent Federal law that provides for far greater protection to tenants caught in a owner being foreclosed upon...I think its a minimum of 90 days or until end of your current lease.  And you mention same  90 days. Dig deeper  and do not assume bank is correct. Do NOT educate bank, if they have it wrong--too bad--but you must defend in court and probably file a very short timely response --I'm not sure there is even a statutory requirement for an advance response --except you might need to respond that you intend to defend..



  • 06-28-2012 5:13 PM In reply to

    Re: Letter of Ejectment

    Read this:

    http://www.usfn.org/AM/Template.cfm?Section=USFN_E_Update&Template=/CM/ContentDisplay.cfm&ContentID=13253

    It's the actual statute that tells you your rights.

    If the bank didn't comply with the law, you put that in your answer.

    But do not ignore the ejectment notice. You have to properly respond to it.

    Whether you have a defense to ejectment at this point depends on whether you got previous notice by the bank to move out.

    Quick question, though. The ejectment notice gives you 20 days to respond, but does the notice give you the 90 days to move out?

    If the notice does give you the 90 days to move out then I don't think any response is necessary because you have no defense to the 90 day move out requirement.

    MandyCakez:
    My main concern is...how long will it be until they can throw us out?I have no current lease.My lease with the previous lanlord had expired.

    You get the 90 days whether you have a lease or are on month to month.

    Again, does the ejectment notice give you the 90 days?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-28-2012 5:13 PM In reply to

    Re: Letter of Ejectment

    But what is it that they are actually trying to do with this letter?I can't seem to find to much info on Ejectments.

    And by filing a response will i have to pay the court costs of all that?

    Thanks

  • 06-28-2012 5:23 PM In reply to

    Re: Letter of Ejectment

    Thanks for the link!
    No,i have never received any previous notice before this asking us to leave.

    The stack of papers the sherriff gave me today...There is a paper saying we are being sued by the Ejectment and to respond within 20 days or further action will be taken.And then a paper from a lawyer with a 90 Day notice to Protecting Tenants of forclosure Act,Public Law 111-22

    Which goes on to say Notice is hereby given that (The Banks Name) has purchased the home and is the new owner.And Notice is further given that all tenants are given 90 days to vacate.  &nb...

    That's where i'm confused...i can move within the 90 days..i'm just not sure why they feel the need to sue us to do so?

  • 06-28-2012 5:26 PM In reply to

    Re: Letter of Ejectment

    I'd feel free to contact the attorney (and follow up any conversation with a letter to him/her in writing) and ask why it is that an eviction action (I gather) has been filed when you just simultaneously received the 90-day notice of termination.  Maybe they're hoping you'll be confused and move out.  Who knows. 

    I gather you are a monthly tenant and don't have a long-term lease in place; otherwise, the foreclosing lender (whether it bought back its own property after auction or not) is supposed to honor the existing long-term lease unless and until it sells the place to someone who intends to reside there, at which point that person needs to give you proper notice of termination.

    Still, definitely don't ignore any service of papers re: an eviction action.  I'd confirm with the court that there's a court date and make sure to show up (and file a response if one is allowed or required, saying you on same day received a 90-day notice of termination and want to have the eviction action dismissed as untimely/unnecessary).

  • 06-28-2012 5:38 PM In reply to

    Re: Letter of Ejectment

    MandyCakez:
    But what is it that they are actually trying to do with this letter?I can't seem to find to much info on Ejectments.

    I'm at a loss as to why an ejection lawsuit was filed before the 90 days was up.

    Here's a site that explains the process to some extent:

    http://www.foreclosureuniversity.com/studycenter/foreclosurelaws/pennsylvania.php

    And here's an actual ejectment complaint that predates the law:

    http://www.tubecityonline.com/almanac/images/090616.pdf

    MandyCakez:
    And by filing a response will i have to pay the court costs of all that?

    If there's a fee for filing the answer, you'll have to pay it. Look on the third page under Defendant First Filing:

    http://www.courts.phila.gov/pdf/prothyfees.pdf

    Call the court clerk and see if that applies to a response to notice of ejectment.

    MandyCakez:
    Which goes on to say Notice is hereby given that (The Banks Name) has purchased the home and is the new owner.And Notice is further given that all tenants are given 90 days to vacate.  &nb...

    That's where i'm confused...i can move within the 90 days..i'm just not sure why they feel the need to sue us to do so?

    I'm confused, too.

    Seems clear that you have the 90 days.

    Why not call the lawyer who filed the suit and ask why it was filed in advance.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-28-2012 6:10 PM In reply to

    Re: Letter of Ejectment

    Thanks i'll go ahead and give the lawyers a call in the morning.This whole ordeal with this bank has been a nightmare to begin with.They are a very shady company.

    That's why i was so confused because the one paper is saying were being sued to leave and the other is saying we have 90 days.

    I really don't want this on my credit report as an eviction while in the process of getting another house.

  • 06-28-2012 6:14 PM In reply to

    Re: Letter of Ejectment

    In my response to the Injectment i think i will also mention how they lied to the utility companies and said the home was vacant in order to have all utilities switched to their name without my consent causing me to loose all my security deposts with them.

    Like i said it's been a nightmare dealing with these people.

  • 06-28-2012 10:28 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,268

    Re: Letter of Ejectment

    In what court--normally an eviction action is at DJ Court level. An ejectment is usually in County Court and I'm not sure that the right step in PA

     

    BTW when does your actual lease expire?

    I fail to follow why your utility deposit is lost--

    If you have a security deposit on the unit --be careful --new owner owes it back even if he never got it. So street smart tenants simply don't pay last months -no correct--but  so be it.

    I'm not sure it is useful to mention that they converted utilities to thier name  just yet--save it for court. It probably a violation of PUC regs to falsely claim unit is vacant --last time I did that drill it required a notarized affirmation it was vacant--seek copy of same?  False statement may be a criminal issue. Not a funny problem .

    I'd respond to the precise issue raised  and not more --and its not clear exactly what new owner has claimed.

     

     

     



  • 06-29-2012 11:31 AM In reply to

    Re: Letter of Ejectment

    It's County Court.Paper says Court of Common Pleas Allegheny County... but there is no number or anything to get in contact with the court.

    I've left messages with the attorney.I'm hoping they return the call before the weekend starts.

    I don't have a current lease.My lease expired a few months back from my previous lanlord.

    Regarding the deposits with the utilities.With the water and sewage in my town you have to pay a security deposit regardless to have service.I just wanted to transfer my accounts when i moved.But because of them switching everything into their name i can't do that now and lost the deposit.Well,i never lost the deposit as they just applied it to my Final Bill.But it would of been alot less hassle to just make a phone call and transfer,rather than apply for new service again.

    Now I've read through this entire stack of papers and i don't understand how i respond to this Ejectment?It says by entering a writen appearence personally or by attorney?Do i have to go all the way down to the Allegheny County Court House to do this?The papers have a e-filed stamp on them.

    Also the 90 Day Notice has no date on it.I thought that was kind of strange.

  • 06-29-2012 12:18 PM In reply to

    Re: Letter of Ejectment

    MandyCakez:
    It's County Court.Paper says Court of Common Pleas Allegheny County... but there is no number or anything to get in contact with the court.

    Court of Common Pleas
    436 Grant Street Rm 534
    Pittsburgh, PA 15227

    412-350-5500

    MandyCakez:
    I've left messages with the attorney.I'm hoping they return the call before the weekend starts.

    I wouldn't count on that. The lawyer has no reason to talk to you. You might have to keep calling and hope you catch him when he's in.

    MandyCakez:
    I don't have a current lease.My lease expired a few months back from my previous lanlord.

    You still get the 90 days.

    MandyCakez:
    Well,i never lost the deposit as they just applied it to my Final Bill

    One less thing to be concerned with.

    MandyCakez:
    Now I've read through this entire stack of papers and i don't understand how i respond to this Ejectment?It says by entering a writen appearence personally or by attorney?

    "Appearance" is just a fancy word that means you let the court know that you are in the game by responding to the action filed against you.

    MandyCakez:
    Do i have to go all the way down to the Allegheny County Court House to do this?The papers have a e-filed stamp on them.

    Unfortunately, I could find nothing on the court website that answers that question.

    http://www.alleghenycourts.us/civil/civil_court_rules.aspx

    Filings are generally best made in person at the courthouse. I've always done that to make sure my own copy gets date stamped.

    The following article explains the foreclosure and ejectment procedure. Unfortunately, it doesn't address tenants but it does have a couple of paragraphs on the ejectment process.

    http://uac.dev1-hw.org/documents/UnderstandingForeclosureProcess.pdf

    MandyCakez:
    Also the 90 Day Notice has no date on it.I thought that was kind of strange.

    Do you mean it has no deadline date or has no signature date? If any of the other papers are dated (filing date of the ejection action) you probably have 90 days from that date or from the date you were served.

    I'm still at a loss as to why the lawsuit was served before the 90 days were up and I haven't found anything online with a format for an answer.

    Try posting your question at the following site:

    http://www.justanswer.com/real-estate-law/30ifg-help-ejectment-pa.html

    If that doesn't work, see if local Legal Aid will help you.

    And if that doesn't work, and you don't want to hire your own lawyer, you'll just have to get creative and write something.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-29-2012 1:11 PM In reply to

    Re: Letter of Ejectment

    Thanks for all the links they are very helpful!

    I called the sheriffs office when i couldn't get through to the court to see if maybe they would know anything regarding why they would give me the ejecment first before the 90 day notice expired and they weren't very helpful at all.

    He told me they could throw us out within 72 hours.I referred him to the Tenant Forclosure Act and he said he has never heard of such a thing.And also had no idea what the 20 days to respond is.I don't really think they read these papers before serving them?He also said the ejectment is just a paper stating that they intend to throw us out which they could do within 72 hours.Needless to say that was a stressful phone call.

    I will try calling the courts again as i imagine everyone was at lunch.

  • 06-29-2012 1:14 PM In reply to

    Re: Letter of Ejectment

    No,The 90 day notice had no date or signature date on it.It was just a letter with the attorney letterhead on it.

    So i imagine it goes along with when the ejectment papers were filed with the court.

  • 06-29-2012 1:20 PM In reply to

    Re: Letter of Ejectment

    MandyCakez:

    In my response to the Injectment i think i will also mention how they lied to the utility companies and said the home was vacant in order to have all utilities switched to their name without my consent causing me to loose all my security deposts with them.

    Like i said it's been a nightmare dealing with these people.

    Be careful with this one.  You say you posted about this previously but I didn't see that thread.

    The thing about water and sewer utilities is, often they have the right to place a lien against the property for unpaid bills, just like the county can for unpaid property tax.  So the foreclosing bank might NOT have lied to get the water and sewer transferred to its name.  As owner, it has the right to control payment of those bills because of the problems nonpayment could cause for it.  If you failed to pay the bill, the water company could foreclose on the bank!

    If you lost service for a time because of what they did, THAT's wrong, but just having the hassle of starting fresh with a new deposit in a new place is NOT a cause of action (you didn't lose a dime).

     

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