Category Archive: Uncategorized

  2. How do I find a rental property?

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    Where do I start looking for housing? 

    On the private rental market, you can use the following resources to find available units: 

    • Websites: Look for housing on Zillow, Craigslist, AffordableHousing.com, Apartments.com, or Roommates.com. 
    • Word of mouth: Ask for ideas from friends and family or, if you have a good relationship with your landlord, ask about recommendations or other properties they have. 
    • On foot: Walk around your desired neighborhoods and look for “For Rent” signs. 

    How should I narrow down my housing search? 

    Things to consider during your search: 

    • Rent: Many private landlords require your income to be 3 times your monthly rent. Narrow your search to apartments where the rent is close to one third of your monthly income. 
    • Size: Consider the number of people in your household and the number of bedrooms they need. You can think about sharing rooms or looking for a roommate to save on rent. You can use Facebook or Roommates.com to look for a roommate.  
    • Neighborhood: Begin your housing search in a neighborhood close to family, friends, work, or other locations you frequent. Looking for housing near family and friends also allows you to get recommendations and ideas from people you know. 
    • Pets: Some units will allow pets, others will not. Many require an additional fee (flat or monthly) for pets. If you have a service or support animal, you can request that the landlord allow your animal as a reasonable accommodation to their policy. Please see the Reasonable Accommodations article for more information. 
    • In-Person Showing: Submitting applications can be expensive and time-consuming. If you find a unit that you are interested in, consider scheduling a showing with the landlord or property manager. This also gives you an opportunity to meet them and present your strengths as a tenant in person.  
    • Accessibility: If you have a disability and specific accessibility needs, it is important to have a list prepared to review with prospective landlords. Accessibility features may include: accessible parking, flat / no-step entry, ramps, wide doorways, lower light switches or counter tops, a walk-in / roll-in shower, or a T-Turn radius kitchen or bathroom. Many housing search engines provide the option of filtering results by accessibility needs. You can also find a list of vacant accessible housing units through the Housing and Disability Technical Assistance Program Home Finder tool.  

    What challenges will I encounter during my housing search and what can I do about them? 

    Landlords often have a list of things to check about a tenant when reviewing applications.  

    However, landlords may have different requirements, so it’s important to understand your potential landlord’s screening criteria. Some landlords may be more flexible than others, so you should be prepared to advocate for yourself by presenting your strengths as a tenant and explaining things that may be flagged on your application. Local landlords who own a few properties are often more flexible than corporate landlords. 

    Landlords are required to follow the Renters’ Access Act, which limits what they can and can’t consider during the application process.

    Income: Many landlords require applicants to demonstrate income that is at least 3 times the monthly rent. They may ask for proof of income, including pay stubs or benefits statements. 

    • If your income does not meet your landlord’s requirements, you can ask a family member or friend to act as a cosigner who will guarantee your rent payments.  

    Credit: Landlords will often run a credit check. However, under the Renters Access Act, they cannot use your credit score as the only reason to deny your application. Many landlords use credit checks to see whether you have a history of on-time rental payments.  

    • If you know your credit score is low, but you have paid rent on time, communicate that to your landlord and be ready to provide proof of on-time rent payments.  
    • If you are not sure why your credit score is low, reach out to Clarifi for a free credit consultation. They can tell you why your score is low and provide advice on how to raise it. Once you know why your score is low, you can better explain to landlords why it is not relevant to your ability to pay rent on time.  

    Eviction History: If you have an eviction on your record, landlords cannot deny your application under certain circumstances under the Renters Access Act. You should be prepared to explain the circumstances of your eviction. Survivors of domestic violence have additional rights surrounding evictions. Please see our article on domestic violence and evictions for more information. 

    Criminal History: Landlords can check your criminal history and use criminal charges as a reason to deny your application. You should be prepared to explain the circumstances of your charges. See our Renting with a Criminal Record Article for more information.  

    Negative Landlord References: Landlords will often ask for a past landlord’s contact information as a rental reference.  

    • If you are trying to move out of a property and have a tense relationship with your current landlord, you should ask them to give you a neutral reference so that you can move out quicker. 

    Security Deposits: Most landlords will ask for the first and last month of rent up front, along with a security deposit, so your initial payment will be about three times your monthly rent. Some landlords are open to negotiation about security deposits. You can also see our Rental Assistance Article for a list of organizations that can help you meet your deposit.  

  3. A Notice of Intent to Cease Operations was posted at my home. What are my rights?

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    What is a Cease Operations?

    License & Inspections (L&I) issues a Notice of Intent to Cease Operations and Order when a property violates the Philadelphia Code in a way that may pose a threat to occupants or the surrounding community.

    The notice is issued as a warning where the landlord must make corrections immediately. Otherwise, all occupants must leave the property by the date on the Cease Operations notice.

    Is there anything I can do to remain in the property?

    • The landlord must make the repairs and pass an L&I Inspection before the Cease Operations date.
    • The tenant or the landlord can appeal the notice with the Board of License & Inspection Review within 30 days of the date of the notice.

    Resources

    Code section: Philadelphia Code Title 4-A505

  4. How soon can I be locked out?

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    How soon can the landlord evict me after court?

    After a judgment in court, you have at lease 21 days before you can be evicted. Your landlord must:

    1. File the Writ of Possession 10 days after the judgment.
    2. File the Alias Writ 11 days after the Writ of Possession.
    3. Schedule a lockout any time after filing the Alias Writ. This usually takes an additional 7-10 days.

    How do I find out the date of the lockout?

    • Check the docket or call Municipal Court at (215) 686-7950 to see if the landlord filed the Alias Writ of Possession.
    • Once the landlord filed the Alias Writ of Possession, call the Landlord Tenant Officer at (215) 563-2133 or email ltofficer.evictions@gmail.com to find out the day and time of your eviction lockout. The date/time of the lockout should also be noted on the court docket.

    What should I do before a lockout?

    Is there any way to stop the lockout?

    • You can try to work out an agreement with your landlord. If your landlord agrees to a repayment agreement or other agreement, you must get it in writing and you must keep the agreement.
    • You can file a Petition to Stay.
    • If you already paid off the judgment amount, you may be able to stay and get your judgment marked satisfied.

    I was locked out. What do I do now?

  5. I was served an Ejectment Complaint. What do I do?

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    What is a Complaint in Ejectment?

    Ejectment is the court process where a property owner removes an occupant from their property who they have not given permission to move in. It is sometimes used by banks that purchase a property at foreclosure or by an owner who wants to remove a ‘squatter’ from the property. It is also sometimes wrongfully used by landlords to remove tenants as an alternative to the Philadelphia Municipal Court eviction process.

    Am I a tenant or a “squatter”?

    A landlord tenant relationship is established when the occupant and the owner have an agreement that the occupant will reside at their property in exchange for payment. Generally, you are legally a tenant if you have keys (access) and paid the owner rent to stay at any point in time (contract). This definition applies:

    • Even if your lease is not in writing
    • Even if your lease has ended
    • Even if you stopped paying rent
    • Even if you breached your lease agreement
    • Even if the landlord sells the property to a new owner while you still live there.

    How can I prove that I am a tenant?

    Gather documentation between you and the property owner or property manager. If there was a recent transfer of ownership, you can use documents from the former owner or property manager:

    • A signed lease
    • Signed rent receipts
    • Text messages referencing rental payments
    • Utility bills in your name at your address
    • Mail in your name at your address
    • A government issued identification at your address

    What does the Ejectment Process look like?

    1. Owner files a Complaint in Ejectment in the Court of Common Pleas.
    2. Occupant may file Answer to Complaint in Ejectment and a Petition to Proceed In Forma Pauperis. If the Occupant is not listed as a defendant, they may need to file a Motion to Intervene first.
    3. Court schedules and holds a Case Management Conference. The purpose of the Case Management Conference is to get all parties on the same page about how the case will proceed and ensure that everyone has met the court’s deadlines. This is not a Trial.
    4. Court schedules a Trial date.
    5. Court holds Trial and issues a Finding.
    6. Owner requests a Judgment and a Writ of Possession.
    7. Court grants Writ of Possession.
    8. Sheriff serves Writ of Possession on Occupant.
    9. Sheriff ejects Occupant from the property.

    I received a Complaint in Ejectment. What do I do?

    1. Be sure to file on time.
      • You have 20 calendar days to file an Answer from the date you were served the Complaint in Ejectment.
      • If you do not file an Answer in 20 calendar days, the Owner may send you a 10-day notice.
      • If you do not file an Answer after 10 additional days, then the Owner may proceed with Step 6 above.
      • Note: If you are not a named Defendant on the Complaint, then you may also have to file a Motion to Intervene.
    2. File the Answer and IFP.
      • In Person
      • Online
        • Create a username at fjdefile.phila.gov.
        • Follow the prompts to file the Answer and IFP.
        • You can sign documents you are uploading by typing /s/ and your name.
        • You can email ojr_civil@courts.phila.gov for help filing online.
      • Phone
        • Call 215-686-6652 or 215-686-6653 to schedule an appointment to file in person at City Hall Room 296 or get assistance filing online.
    3. Serve the court papers.
      • You must serve the Owner by certified mail.
        • Send the stamped court papers and IFP to the owner by certified mail, return receipt requested (approximately $8). Fill out the Certificate of Service included with the packet and file the Certificate at City Hall Room 296 or online.

    Where can I get help filing an Answer?

  6. Repair Request Sample Letter

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    Re: Repair Request
    ______________________________ (Landlord’s Name)
    ______________________________ (Landlord’s Address)
    ______________________________ (Landlord’s City, State and Zip Code)

    Dear Sir or Madam:


    I am writing to you about repairs and services that are needed in the
    property I rent from you at ___________________________ (property address).
    Here are the problems that need to be fixed:

    1. ________________________________________________________
    2. ________________________________________________________
    3. ________________________________________________________
    4. ________________________________________________________
    5. ________________________________________________________

    These conditions are serious and a breach of your legal responsibility to keep
    the unit in safe, sanitary and livable condition.
    Please complete the requested repairs by ___________ (future date).
    If the repairs are not made by this date, I intend to exercise my legal right to:


    □ Withhold Rent until the repairs are made.

    □ Repair and Deduct by hiring a repair person to complete the repairs and
    deducting the cost of repairs from my rent.


    I appreciate your prompt attention to this matter.
    Sincerely,
    ____________________________________ (Your Signature)
    ____________________________________ (Date)


  7. Eviction Diversion Program: Direct Negotiation Pathway

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    How do I prepare for a direct negotiation?

    You have 30 days to try to reach an agreement with your landlord before your landlord can file an eviction case in court. Use this opportunity to find out if a realistic agreement is possible. 

    1. Gather Information

    • Ask the landlord for a copy of the ledger submitted in the Eviction Diversion Program application.  This is a summary of rent and other charges and payments during your lease.
    • Check if there are other issues the landlord wants to address including back rent, the end of the lease term or other concerns (rental insurance, pets, guest policy, etc).  Does the landlord want you to move out or just to address issues like rent?
    • Think about if there are issues you want to discuss.  These may include repairs, extending the lease term and re-establishing better communication.

    2. Get organized

    • Prepare a monthly household budget. 
    • This will include income for all members of the household and all your monthly expenses.  The budget will help you understand your priorities and options going forward.  You may be eligible for additional income from unemployment benefits or SNAP/food stamps.  For help seeing what benefits you might be entitled to you can call BenePhilly.
    • If there are repair issues, learn more about your rights as a tenant.  Think about whether you want to ask your landlord to make repairs as part of an agreement or not.
    • Review your options for an agreement.  Generally, a landlord will want to know if you want to stay in the property or if you will move out. Below are two payment plan examples:

    What type of agreement can I make with the landlord?

    Payment plan. 

    A payment plan includes regular rent plus an additional amount.  For monthly rental agreements, this may mean regular rent by the fifth (5th) of the month and a repayment amount by the twentieth (20th) of the month. 

    • Nine-month payment plan.  Take the total amount owed and divide by nine.  This will be the additional payment each month.  If you cannot afford this amount, review your budget and propose what you can realistically afford.
    • Balloon payment.  If you expect a lump sum future income such as a tax return, you may consider an agreement with a balloon payment.  Pay your regular rent and then the balance of what is owed by a certain date.  Be careful as you are not always guaranteed to receive the lump sum you think you will.

    Exit agreement. 

    You may decide you do not want to stay or you cannot afford to stay in your home.  Start looking for places to move to or make plans to stay with a friend, family member or in a shelter while you find a permanent place to move to.  Discuss with your family a move-out timeline.  The landlord will want to know a date you can realistically move out.  From that date, you can negotiate other terms like whether you will pay ongoing rent and back rent.  You may discuss your security deposit which may include an additional “last month” rent.

    Send a proposal to your landlord with your goals and terms you believe are fair.  The goal of negotiations is to find out if there is something both tenant and landlord can agree on.

    How do I negotiate with the landlord?

    Set up a time to talk with your landlord.  You may meet in person or talk over the phone.

    Start the conversation by focusing on what you can both agree on.  Talk about what benefits both you and the landlord.  A realistic agreement will avoid the costs and burdens of a the eviction process in court. 

    Explain the hardship.  Ask for any flexibility from your landlord given your circumstances including recent challenges.  We have all faced difficulties due to the ongoing coronavirus pandemic and your landlord may relate.

    After you finish the conversation, follow up with a written summary.  Make sure your landlord confirms the agreement with you in writing.  Review these tips and an sample agreement.  Follow up as needed to maintain the agreement.  If you do not keep the agreement, your landlord can file an eviction case against you in court.

    I couldn’t come to an agreement with my landlord. What now?

    After your negotiation session, you may not reach an agreement.  You may disagree about rent owed, repairs or other obligations.  However, you may continue to discuss the issues and try to reach an agreement.

    If a landlord wants to evict, the landlord must go through a legal process in court.  Your landlord may seek a legal eviction 30 days after their application for the Eviction Diversion Program. 

    You must attend the hearing on time even if you are still negotiating with your landlord outside of court.  If you do not attend court, your landlord may move forward with a legal eviction.

    Reach out for legal help to the Philly Tenant Hotline for legal information and advice at 267-443-2500.

  8. I got an Eviction Notice. What now?

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    What are my options?

    When you receive an eviction notice, you will not be forced to leave by the date on the eviction notice. Consider the following options:

    1. Negotiate an agreement with your landlord.
    2. Wait to resolve the dispute through the Eviction Diversion Program or in Eviction Court.
    3. Move out by the date on the eviction notice.

    I want to stay. How do I negotiate an agreement with my landlord?

    • If you want to stay, you may have defenses that prevent the landlord from evicting you or reduce the amount of money you may owe. Learn about your possible legal defenses.
    • Review strategies for negotiating an agreement.
    • Consider attending a tenants rights class.
    • Write up an agreement that works for you.
    • Propose the agreement to your property manager, landlord or landlord’s attorney.
    • Remember, all agreements should be in writing and signed. Do not sign any agreements that you cannot follow.
    • If you cannot reach an agreement, you can wait for the landlord to apply for the Eviction Diversion Program and try to negotiate an agreement then.
    • If you still cannot reach an agreement, then you can wait to negotiate an agreement or present your legal defenses in Eviction Court.
    • If you cannot come to an agreement in Court, you have the right to have a hearing before the Judge. Here are your options for a hearing.

    I am willing to move. What should I do?

    • If you leave before the move-out date on the eviction notice, you may avoid getting an eviction filing on your record. However, keep in mind that your landlord can still file in court even after you’ve moved out, if they believe you owe back rent.
    • If you decide your best option is to move out, notify the landlord or property manager that you plan to leave by a certain date.
    • Return your keys and remove all of your belongings from the rental property to be legally considered as having moved out.
    • Provide your landlord with a forwarding address.

    The eviction notice says I have to move by a specific date. Can I be locked out that day?

    No. Your landlord cannot lock you out without first filing a case in eviction court and getting a judgment against you. If you do not leave by the date in the eviction notice, your landlord’s next step may be to apply for the Eviction Diversion Program or file a complaint in Eviction Court.

    If your landlord locks you out without going to court or during the court process, it may be an illegal eviction.

    Is my landlord allowed to send me an Eviction Notice?

    In most cases, yes. The landlord can send an eviction notice if they believe you fell behind on rent, breached your lease in some way or your lease term is over.

    The landlord is not allowed to send you an eviction notice because you requested repairs or called License & Inspections (L&I). If this happens to you, consider filing a complaint with the Fair Housing Commission for unfair rental practices.

    The landlord also not allowed end your lease on the basis of your sex, race, religion, sexual orientation, gender identity, source of income, familial status or disability. If this happens to you, consider filing a complaint with the Philadelphia Commission on Human Relations for housing discrimination.

  9. Application Issues

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    Application Rights/Renter’s Access Act

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    Judgment on Record / Satisfying Judgment

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    Criminal Background

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    Subsidized Housing Admission Issues

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  10. Finding Housing

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    Applying for Private Housing

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    Etiam maximus dapibus ante eu viverra. Phasellus et ante fermentum nibh varius dignissim. Donec et sapien fermentum, imperdiet lorem condimentum, finibus felis. Suspendisse potenti. Nam luctus, tortor sit amet volutpat varius, quam quam tempor quam, ac fringilla dolor nibh at felis. Aliquam nec mi non purus iaculis bibendum congue eget magna. Quisque nisi lectus, pulvinar et lacus luctus, tincidunt rutrum nibh.

    Applying for Subsidized Housing

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    Info about rental property

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