CGA Law News & Blog

Removing Occupants from Property in Pennsylvania: Ejectment vs Eviction

access_time Posted on: October 23rd, 2024

After you purchase a property at tax sale, you may find that there are people still living in the property.  An ejectment action will need to be filed in order to remove any occupants because the Tax Assessment Office will not remove them for the purchaser.

The Pennsylvania Supreme Court confirmed in 2019 that a purchaser of property at tax sale cannot proceed with an eviction under the Landlord Tenant Act.  This is because there is no landlord tenant relationship between the purchaser of property at tax sale and the occupants of such property, which may be the previous owners.  When no landlord tenant relationship exists, the Landlord Tenant Act does not apply.  This means that the eviction action provided under the Landlord Tenant Act is not available. The purchaser cannot for relief with a magisterial district court because the magistrate does not have jurisdiction over ejectment actions.

Ejectment actions in Pennsylvania must be filed before the Court of Common Pleas.  This applies for properties purchased at tax sale and any time a property owner wishes to remove an occupant that is not a tenant.  The same applies to both residential and commercial occupants.

If the property owner seeking to remove occupants is an entity, such as a limited liability company or a corporation, it must have an attorney to file an ejectment action.  Read more about limitations on corporations being pro se here: https://www.cgalaw.com/corporation-llc-pro-se-in-pa/

For help with removing someone from your property and other issues related to ejectment or eviction, contact Attorney Hunter Schenck at hschenck@cgalaw.com or using the CGA online question feature to set up a consultation with Attorney Schenck.


Hunter B. Schenck

Attorney

Hunter B. Schenck provides legal services to individuals and businesses in the area of litigation. Hunter is ranked as a 2021, 2022, and 2023 Super Lawyers Rising Star. She has been elected as a Board Member of the York County Bar Association and serves as a member of the Membership and Continuing Legal Education Committees. She was the 2020 Chair of the York County Bar Association’s Young Lawyers Section and is a member of the Herbert Cohen Inn of Court. Hunter was a member of the 2015, 2017, 2019, and 2022 Bar Stools Casts.

Read Hunter’s Bio Page in full HERE.