Can landlord evict a tenant with a newborn in the household?

Asked on January 6, 2013 under Real Estate Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, as a general rule, there is no such law. The fact is that a lease (written or oral) is a contract asnd once it has been breached, legal action can be taken. This is true even if this includes the eviction of a tenant with a child.

That having been said, if you have just been served notice, your landlord will still need to take you to court if you remain. Only until a judge issues your landlord a "writ of possession", can you be forced to leave. From the time notice is served util the writ is issued can take 3-5 weeks; then having the sheriff come and physically remove you can take another week or so.

 


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