Although your son didn’t sign a lease, the Landlord Tenant Act applies to all attempts at eviction. The proper procedure is to provide your son with a Notice to Quit advising him to vacate 15 days after the notice is served by posting or hand delivery. After that time, you may file a Complaint in Eviction with your local Magisterial District Justice (DJ). The DJ will schedule a hearing at which your son will be able to defend himself. If the facts are as you describe, the court should enter judgment in your favor. Then, if he is still there after 10 more days, you can then file a Writ of Possession which affords yet more time. After that time has expired, the constable will execute the Order for Possession by locking your son out.
I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email me on a free initial basis.
Best Regards,
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
(610) 489-3041 o
(610) 489-3042 fax
nahrganglaw.com
Answered on Mar 22nd, 2022 at 8:54 AM