Category Archive: I’m being evicted

  1. I’m being illegally evicted. What can I do?

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    What is the legal eviction process?

    To lock you out legally, your landlord must:

    • Apply for the Eviction Diversion Program.
    • File a complaint against you in Eviction Court.
    • Get a judgment for possession against you in Eviction Court.
    • File the writ of possession and alias writ of possession.
    • Schedule a lockout date.
    • A sheriff or landlord-tenant officer will complete the lockout and give you a blue eviction notice or post it on the property.

    After a judgment in court, you have at least 21 days before you can be legally evicted.

    What is an illegal lockout?

    It is illegal for a landlord to evict you by:

    • changing the locks without a sheriff or a landlord-tenant officer
    • removing doors or windows from the house
    • turning off your utilities
    • removing your possessions
    • using force
    • any other means except a sheriff or landlord-tenant officer

    What do I do if I have been illegally locked out?

    • Confirm that the lockout was illegal.  Call Municipal Court at 215-686-7334 between 9AM and 4:30PM to see if your landlord followed the legal eviction process.  You can also tell if your landlord followed the legal eviction process by searching the eviction court docket.
    • If the lockout was illegal, call the police from the property by dialing 911. Show the officer your lease, rent receipts, utility bills or photo ID to prove residency. The police should respond according to Philadelphia Police Directive 3.17.
    • If the police officer does not assist you, call 911 again and ask for a supervisor to come to the scene.  You can reference the name of the law—Prohibition Against Self-Help Eviction Practices Philadelphia Code 9-1600.

    What if I still need help?

    How do I sue my landlord for an illegal eviction?

    • Send a demand letter. See this flyer in English or Español for a sample letter.
      • You will need the landlord’s name and address.
    • Go to Municipal Court at 1339 Chestnut St to file a Small Claims Complaint.
      • File an “IFP” to not pay court costs.
      • You can sue for actual damages, up to $2000 punitive damages, attorney fees and court costs.
      • You will need evidence to prove your claim like documents/photos.
      • Be careful. Your landlord can try to countersue you in court.

  2. My landlord is taking me to court. What are my defenses?

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    Defenses to Nonpayment

    Your landlord is trying to evict you because you owe past due rent, utility bills or other charges.

    • Rent Receipts: Bring all your receipts or proof of payment to court for the whole time you lived in the property.
    • Repairs: If you withheld rent or did repair & deduct because of repairs issues, you should bring:
      • Current bank statements or money orders showing rent you withheld.
      • Printed, dated photos.
      • Documented L&I violations.
      • Texts, emails or letters to landlord requesting repairs.
      • Receipts for any repairs you made.
    • Housing Inspection License: Your landlord needs a license to charge you rent. To get your landlord’s license history, go to L&I at the Municipal Services Building at 1401 JFK Blvd or search for information about your rental property online. Also, review the Housing Inspection License law.
    • Certificate of Rental Suitability: If you moved in after October 2011 your landlord needs to give you a Certificate of Rental Suitability and the Philadelphia Partners for Good Housing Brochure to charge you rent or evict you. Review the Certificate of Rental Suitability law.
    • Lead Free or Lead Safe Certification: If you moved in after December 2012 your landlord needs to provide you a Lead Free or Lead Safe Certification to charge you rent. Review more information about lead paint in Philadelphia and the Lead Certification Law.
    • Lead Poisoning Violation: If the Health Department cites your property for a lead poisoning violation, your landlord cannot charge rent or evict you until the cause of the lead poisoning is remediated. Review more information about lead paint in Philadelphia and the Lead Poisoning Law.
    • Excess Security Deposit: After the first year of a lease, you can ask for a rent credit for any security deposit paid over one month’s rent. Review the Landlord Tenant Act of 1951 Excess Security Deposit law.
    • Utilities: Check your lease and see if the utility was your responsibility. Bring any bills or letters from the utility company showing what you paid.
    • Attorney Fees: You do not owe for attorney fees unless it says so in your lease and you were wrong in some way.
    • Damages: You are responsible for damages you caused, not ordinary wear and tear.

    Defenses to Termination of Term

    Your landlord is trying to evict you because your lease term is over.

    • Term not over: Check your lease to see if the lease term is actually over.
    • Certificate of Rental Suitability: If you moved in after October 2011 your landlord needs to give you a Certificate of Rental Suitability and the Philadelphia Partners for Good Housing Brochure to charge you rent or evict you.
    • Code Violations: Your landlord cannot evict you if there are open L&I or lead poisoning violations, and you are current on rent or rent escrow. Review Unfair Rental Practices.
    • Good Cause Protections: For leases less than one year, such as a month-to-month lease, your landlord must give you thirty (30) days written notice stating a Good Cause reason to end your lease.
    • Good Cause Protections in Subsidized Housing: If you live in Public Housing, HUD project-based housing or Low Income Housing Tax Credit (LIHTC) housing, you cannot be evicted for termination of term. Review Subsidized Housing for more information.

    Defenses to Breach of Lease

    Your landlord is trying to evict you because you did not follow the terms of the lease.

    • Your landlord must prove that you breached the lease using documentation or witnesses.
    • You can bring documentation and witnesses with you to court to show that you did not breach your lease.
    • If you breached a condition of your lease because of a disability, you may be able to request a reasonable accommodation such as time or additional services to come into compliance with your lease agreement. Review Can I get a Reasonable Accommodation for more information.

  3. The judge ruled against me. How do I appeal?

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    Can I appeal my judgment?

    • You can only appeal a Municipal Court judgment if you went to your court hearing, had a trial before a judge and the judge ruled against you.
    • If you went to your Municipal Court hearing and signed a Judgment by Agreement, then you have to follow the agreement.
    • If you missed your Municipal Court hearing, file a Petition to Open instead.

    How do I file an appeal?

    1. File on time.
      • You have 10 calendar days to appeal a judgment for possession (eviction).
      • You have 30 calendar days to appeal a judgment for money only.
    2. File the appeal.
      • In person
      • Online
      • Phone
        • Call 215-686-6652 or 215-686-6653 to get assistance filing online or to schedule an appointment to file the Appeal and IFP in person at City Hall Room 296.
    3. If you are low-income, ask to file In Forma Pauperis (IFP) to file your appeal for free.
    4. Escrow your rent.
      • If you want to stop an eviction during the appeal, you must pay your rent each month to the court. If you are low-income, you may pay 1/3 of your rent at the time you file the appeal and then pay the remaining 2/3 within 20 days.
      • If you are not low-income, you must pay 3 months of rent to the court when you file the appeal or the amount of the Municipal Court judgment for rent.
      • Initial rent payments can be made online when filing the appeal. Ongoing rent payments should be made at City Hall Room 296.
    5. Serve the court papers.
      • You must serve your landlord by personal service.
        • Private Server Have someone over 21 who is not a family member deliver the stamped court papers to the landlord and then fill out an Affidavit of Service. The court can give you the Affidavit. File the completed Affidavit in City Hall Room 296 or online.
        • Sheriff Server If you filed an IFP and it was granted, you can take the stamped court papers to the Sheriff at 100 S Broad St, 5th Fl for service free of charge.
      • If your landlord is out-of-state, you may serve the landlord by certified mail.
        • Send the stamped court papers and IFP to the landlord by certified mail, return receipt requested (approximately $8).

    What should I expect after I file an appeal?

    1. Review the Case Management Order
      • When you file your appeal, the court will give you a case management order.
      • Put the dates of your Settlement Conference and Trial in your calendar.
    2. Complaint.
      • After getting served, your landlord has 20 calendar days to file a Complaint.
    3. Answer to Complaint.
      • After your landlord serves you with the Complaint, you have 20 calendar days to file an Answer in City Hall Room 296. Your Answer should respond to each of your landlord’s claims against you. You must also mail the Answer to the landlord or landlord’s attorney.
    4. Settlement Conference.
      • You will have the opportunity to negotiate a Settlement Agreement with the landlord.
      • Settlement agreements are final and cannot be changed. If you do not agree with the terms of agreement, do not sign anything!
    5. Trial.
      • If you do not reach an agreement during the settlement conference, you will have a Trial in front of a judge. Bring all your documents and witnesses.

  4. How do I get my security deposit back?

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    How do I get my security deposit back?

    You can only request your full security deposit after you move out.

    • Before you move out
      • Send landlord a letter with the date that you are moving. Most leases require at least 30 day notice before leaving. For more information about moving out, visit I’m moving out. What steps should I take?
      • Leave the unit as clean as possible.
      • Take pictures of each room.
      • Do a walkthrough with the landlord, if possible.
    • After you move out
      • Return the keys to the landlord in person or by certified mail.
      • Send landlord a Security Deposit Request Letter (download sample). Keep a copy.
      • Your landlord has 30 days to respond to your request in writing.
        • If you disagree with your landlord’s response, you can sue for the amount of your security deposit.
        • If your landlord does not respond at all, you can sue for two times the amount of your security deposit.

    How do I sue for my security deposit?

    Be careful! Before you sue your landlord, be sure that you do not owe for rent or damages higher than your security deposit.  Here is the process:

    • Go to Municipal Court at 1339 Chestnut Street, 10th floor.
    • Ask to File a Small Claims Complaint. State how much money you are claiming. Include exhibits such as the lease and request letter.
    • Ask to File a Petition to Proceed In Forma Pauperis (IFP). If the IFP is granted, you will not have to pay filing fees.  Download sample.

  5. Where can I get help paying rent or security deposit?

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    For Households Facing Hardship Due to the COVID-19 Pandemic

    COVID-19 Emergency Rental Assistance Program (ERAP) also known as Phase 4

    NOTE: As of January 7, 2022, Phase 4 Rental Assistance is closed for new applications.

    To check the status of an existing application, visit https://rent-assist.phila.gov/

    COVID-19 Homelessness Prevention Funds

    Congreso
    Email: congresohousing@congreso.net

    Esperanza
    Email: home@esperanza.us

    For Low-Income Households:

    • Office of Homeless Services (OHS)
      • Not accepting in-person applications at 1430 Cherry Street at this time.
      • Phone: 215-686-7177
      • Apply online
      • Assistance generally ranges from $0 – $1500
    • Philadelphia County Assistance Office
      • Not accepting applications at this time.
      • Phone: 215-560-1976
      • Address: 801 Market Street (near 8th & Market)
      • Mon-Fri 8:30am-4:30pm
      • Very low-income tenants only.
      • Assistance generally ranges from $0 – $400
    • United Way of Greater Philadelphia and Southern New Jersey
      • Referral only.
      • Phone: 211
    • Asociación Puertorriqueños en Marcha
      • Accepting applications by appointment only.
      • Phone: 215-235-6070
      • Address: 600 Diamond St
    • Catholic Social Services (CSS)
      • Accepting applications at all locations by appointment only.
      • Help Line: 267-331-2490
      • CSS Northeast Family Service Center
        • Phone: 215-624-5920
        • Address: 7340 Jackson St (near Cottman & Torresdale)
      • CSS Southwest Family Service Center
        • Phone: 215-724-8550
        • Address: 6214 Grays St (near 62nd & Elmwood)
      • CSS North, Casa del Carmen Family Service Center
        • Phone: 267-331-2490
        • Address: 4400 N Reese St (near 5th & Cayuga)
    • HACE
      • Accepting applications at all locations by appointment only.
      • Frankford Ave
        • Phone: 215-437-7867
        • Address: 4660 Frankford Ave
      • Allegheny Ave
        • Address: 167 W Allegheny Ave
        • Phone: 215-426-8025
    • New Kensington CDC
      • Accepting applications by phone.
      • Phone: 215-427-0350
    • People’s Emergency Center
    • Philadelphia Interfaith Hospitality Network (PIHN)
      • Accepting applications by phone.
      • Phone: 215-247-4663
      • Address: 7047 Germantown Ave (near Mt. Pleasant Ave)

    For Families with Children in Philadelphia Schools

    For Survivors of Domestic Violence

    For Veterans

    For Residents of Northwest Philadelphia

    19118, 19119, 19126, 19138, 19144 & 19150

    • Germantown Avenue Crisis Ministry
      • Accepting applications by phone. Processing may be delayed.
      • Monday through Wednesday, 9AM-2PM
      • 215-843-2340
      • 35 West Chelten Avenue
      • Assistance generally ranges from $300 – $400

    For Families with Children Involved in DHS

    • DHS Prevention Assistance Fund
      • Contact your case manager or social worker.

    For Households with a Person Living with HIV

    • Direct Emergency Financial Assistance (DEFA) grant
    • AIDS Fund: All Walks of Life grant

    For Utility Assistance

    What do I need?

    • Photo ID for all household members age 18 and over.
    • Social Security cards and Birth Certificates for all household members.
    • Proof of Income
      • Pay stubs (for last thirty days)
      • Employment letter (hrs, pay date(s), wages/salary)
      • Award Letter from Social Security office
      • Any other documentation of income
    • Proof of Assets such as bank statements or inheritance award letters
    • Lease Agreement
    • Eviction Notice and/or Court Documents

    What do I need from my landlord?

    • Rental License also called a Housing Inspection License
    • Certificate of Rental Suitability
    • W-9 signed by landlord
    • Letter with current rental balance signed and dated by landlord

  6. How do I look up an eviction court case online?

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    1. Go to fjdclaims.phila.gov
      • Click “Login As Public User”
      • Enter the text in the image and click “I Accept”
    2. Click “Search”
      • For Type, select “Defendant” for Case Type
      • Select “LT Landlord/Tenant”
      • Inside the search input, type “Your Name”.  Then click “Go!”
    3. Click on the case number that includes your landlord’s name and your name.
      NOTE: If you do not find your case, try alternate spellings of your name.
    4. Enter the text in the image and click “Continue”
    5. The court docket for each LT case shows the Plaintiff (Landlord) and the Defendant (Tenant).
      Scroll down to find the most important Docket Entries including:
      • Landlord Tenant Complaint (Usually entry #1)
      • Exhibits such as the rental license or lease
      • Any Continuances or Judgments (Usually entry #10 or below)

    To better understand any eviction case, get legal help.

  7. I am a survivor of domestic violence. What housing rights do I have?

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    Can I be evicted for domestic or sexual violence?

    No. The Philadelphia Unfair Rental Practices Ordinance makes it illegal for your landlord to evict you, raise your rent or refuse to make repairs because you are a victim of domestic violence or sexual assault. However, you can still be evicted for not paying rent.

    What should I do if I am being evicted?

    Send your landlord a letter explaining that you are a victim of domestic or sexual violence and that Philadelphia law makes it illegal for them to evict you because of domestic or sexual violence. If your landlord will not listen, you can file a complaint with the Philadelphia Fair Housing Commission or get legal help.

    Can I break my lease to escape violence?

    Yes.  Within 90 days of a reported incident (such as a hospital visit, call to 911, filing for a protection order, etc.), send your landlord:

    • A letter stating that you will be moving in 30 days. (download sample)
    • Include with your letter at least one form of proof such as a police report, protection from abuse order or letter from a health care professional, guidance counselor, or victims’ services organization.

    Can just the abuser be evicted?

    Yes, under Philadelphia law, you can ask your landlord to split the lease and evict your abuser, letting you stay. You would become responsible for paying the full rent. Your landlord does not have to agree.

    Can I be evicted for calling the police?

    No, your landlord cannot evict or punish you for calling the police to protect yourself or a family member.

    What if I live in subsidized housing?

    If you live in Section 8 Voucher, HUD or public housing, you are protected by the Philadelphia Unfair Rental Practices Ordinance and the Violence Against Women Act (VAWA). You cannot be denied admission or evicted because of domestic violence, sexual assault, dating violence or stalking. You also can’t lose your voucher if you break your lease to escape violence. You may be asked to complete a Self-Certification of Domestic Violence.

    You may also be entitled to an emergency transfer if you or a household member are experiencing domestic violence, sexual assault, dating violence, or stalking.

  8. My landlord evicted me. How do I get my things?

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    1. Check your lease. See if it states how long your landlord must keep your things after a lockout.

    2. Ask the landlord to store your things for 30 days from the date of the lockout. It is best to make your request by text, email or letter within 10 days of the lockout.

    3. Schedule a date to get your things within 30 days from the date of the lockout.

    • Your landlord may:
      • Give you one single day to get your things out.
      • Move your things to another location.
      • Charge you for the cost of a storage facility.
    • Your landlord may not:
      • Refuse to let you get your things.
      • Charge you a fee or back rent to get your things.

    4. Take your landlord to court. Consider suing your landlord in Small Claims Court if your belongings are missing or damaged.

  9. My rental property is going through foreclosure or sheriff sale. What are my rights?

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    How does foreclosure work?

    If your landlord does not pay the mortgage or taxes, the bank or city may try to sell the property through a Sheriff Sale.  Here is the process:

    • Bank or City will send a Notice giving the landlord a chance to pay.
    • Bank or City may file a Complaint in the Court of Common Pleas.
    • Bank or City may obtain a Judgment allowing the property to be sold.
    • Property may be sold at Sheriff Sale.

    What happens to my lease after a Sheriff Sale?

    Tenants have some rights after a Sheriff Sale. To prove you are a tenant, be sure to save your lease and rent receipts.

    • For Mortgage Foreclosure
      • All tenants have the right to 90 days’ notice of intent to evict.
      • Most tenants have the right to stay until the end of the written lease term.
      • Most Section 8 Housing Choice Voucher tenants may keep their lease.
    • For Tax Foreclosure
      • Tenants may have the right to stay for up to 9 months.

    What happens to me?

    The bank or new owner may try to force you to move by filing a Complaint in Ejectment. Review our article on Complaint in Ejectment to learn more about this court process and how you can defend yourself.

  10. I missed my court date. How do I file a Petition to Open?

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    1. Go to Municipal Court at 1339 Chestnut St, 10th Fl.

    2. Ask to file a Petition to Open.

    In the petition you must state:

    • Why did you miss the hearing?
    • If it has been over 10 days since the hearing, why didn’t you file a Petition to Open earlier?
    • What are your defenses to the landlord’s claims? Be sure to include a legal defense to each claim the landlord made against you.

    3. Attach to your petition any proof that you have. 

    Be sure to white out any confidential information.

    4. Ask to file an IFP.

    IFP stands for In Forma Pauperis. If the IFP is granted, you will not have to pay filing fees. Fill out the IFP Form and provide it to the Municipal Court clerks.

    5. Choose type of service.

    Choose one way to serve your landlord:

    1. Private Server Have someone over 21 who is not a family member deliver the stamped court papers to the landlord and then fill out an Affidavit of Service. The court can give you the Affidavit. File the completed Affidavit in City Hall Room 296 or online.
    2. Paid Service Have Municipal Court can send a professional to serve the court papers. This will cost about $25. Go to Municipal Court 1339 Chestnut street, 10th Floor to request paid service.

    6. Contact the court the next day.

    Call 215-686-7989. If your request for a petition hearing is granted, you will have to return to 1339 Chestnut St, 10th floor to schedule the hearing promptly, otherwise your petition will be voided. You will have to pay a service fee unless you chose private service.

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