Evictions During COVID-19
Written by: Adam Andrae, Esquire
Owner and Founder of the Law Practices of Adam H. Andrae
The following article is a general opinion based on observation. It is not legal advice. You should always consult an attorney with your specific matters.
The COVID-19 pandemic has affected many aspects of society and is hitting the working people the hardest. In the U.S., many people are unable to work due to closures or layoffs and shortened hours from the impact the virus is having on the economy. People are facing challenges never experienced before and are having to make difficult decisions to provide basic necessities for their families. Many families are going without and are terrified of losing everything if the shutdowns continue.
I have witnessed conversation surrounding evictions in Pennsylvania and the associated fears. In response, I wish to at least attempt to provide some insight around evictions during these times which will hopefully result in some peace of mind for those stressing over what will happen if they do not pay their rent.
Eviction Process in Pennsylvania
Like many states, Pennsylvania follows the prohibition on landlords using “self-help” to remove tenants from a property. This means that in all circumstances, a landlord MUST use the court process to remove a tenant and cannot take actions such as attempting to physically remove a tenant, his or her belongings, or change the locks on a property.
A landlord must file a complaint with a local Magistrate and obtain a court order permitting the removal of a tenant. When such a complaint is filed, a hearing is held on the matter where both the landlord and tenant can voice their story. This is beneficial because there are many instances under Pennsylvania landlord-tenant law that permit a tenant from withholding rent if a landlord is neglecting his or her duties. This hearing is an opportunity to explain the matter to the judge.
Once the judge gathers all testimony and evidence surrounding the eviction, he or she will issue an order. In my experience, many judges can be sympathetic toward a tenant’s situation if it is reasonable. The judge has the power to issue orders such as “pay and stays” which give the tenant a set period, usually, thirty (30) to sixty (60) days to catch up on past-due payments. If the tenant follows through with the payments, he or she can stay in the property.
Evictions during COVID-19
It is true that on motions from state leaders, the Pennsylvania Supreme Court issued an Order suspending evictions and foreclosures during the pandemic. The justifications are good ones: People should not be displaced during a public health crisis because doing so can lead to more harm and spreading of the virus. Additionally, such a widespread crisis should not force people out of their homes when the inability to pay is not their fault.
Although this Order is a commendable recognition from out state’s powers of the hardships Pennsylvania citizens are facing, it is also redundant. A separate order from the Supreme Court closed most Magisterial District Courts and reserved the few that remain open for emergency proceedings, mostly related to criminal matters. So even if the Supreme Court did not order the suspension of evictions, Pennsylvanians would still be protected since it is unlikely the courts will reopen and catch up for quite some time, even after many of the restrictions are lifted.
I am not indicating that the Supreme Court should not have issued its Order. Rather, Pennsylvanian’s have, in a sense, double protection at this point since the Courts will remain closed for quite some time.
Evictions after the pandemic
None of us truly know when this pandemic will run its course to the point where we can see our lives returning to even slight normality. However, when the time does come for restrictions to be lifted and businesses to reopen, there will STILL be additional time for Pennsylvania tenants.
There are many cases pending before the courts and new cases awaiting filing every day. When the courts reopen, they will be inundated with cases and attempting to catch up. It will be quite some time before a landlord’s filing of an eviction proceeding will see a scheduled court date even after the pandemic.
My guess is that if a tenant is still not caught up by the of time his or her hearing, judges are going to be IMMENSELY sympathetic to families and individuals facing an eviction complaint resulting from the pandemic. We will likely see most, if not all orders issued in the form of “pay and stays” and I would not be surprised at judges giving even extra time to catch up on payments past their usual thirty (30) to sixty (60) day orders.
Keep in mind…
Although evictions cannot happen at this point and although it is extremely likely tenants will have time to catch up on payments, there are still repercussions of not paying rent on time. As I said, this article had been written to help people, so I want to ensure everyone is aware of the negative impacts.
Unless a particular lease states otherwise, a landlord is free to refuse the renewal of a lease and does not have to give a reason. There are very limited circumstances that must be thoroughly proven, usually relating to discrimination, that prevent a landlord from denying a tenant’s lease renewal.
If a tenant has been late on payments and his or her landlord is not understanding of the situation, the landlord may refuse to renew a lease upon its expiration. The reason may very well be the tenant’s late payments, even during a global crisis. Because of this, it is, of course, recommended that payments are made in accordance with a lease agreement whenever possible. Nobody wants to see a person face losing his or her home.
Owner and Founder of the Law Practices of Adam H. Andrae
The following article is a general opinion based on observation. It is not legal advice. You should always consult an attorney with your specific matters.
The COVID-19 pandemic has affected many aspects of society and is hitting the working people the hardest. In the U.S., many people are unable to work due to closures or layoffs and shortened hours from the impact the virus is having on the economy. People are facing challenges never experienced before and are having to make difficult decisions to provide basic necessities for their families. Many families are going without and are terrified of losing everything if the shutdowns continue.
I have witnessed conversation surrounding evictions in Pennsylvania and the associated fears. In response, I wish to at least attempt to provide some insight around evictions during these times which will hopefully result in some peace of mind for those stressing over what will happen if they do not pay their rent.
Eviction Process in Pennsylvania
Like many states, Pennsylvania follows the prohibition on landlords using “self-help” to remove tenants from a property. This means that in all circumstances, a landlord MUST use the court process to remove a tenant and cannot take actions such as attempting to physically remove a tenant, his or her belongings, or change the locks on a property.
A landlord must file a complaint with a local Magistrate and obtain a court order permitting the removal of a tenant. When such a complaint is filed, a hearing is held on the matter where both the landlord and tenant can voice their story. This is beneficial because there are many instances under Pennsylvania landlord-tenant law that permit a tenant from withholding rent if a landlord is neglecting his or her duties. This hearing is an opportunity to explain the matter to the judge.
Once the judge gathers all testimony and evidence surrounding the eviction, he or she will issue an order. In my experience, many judges can be sympathetic toward a tenant’s situation if it is reasonable. The judge has the power to issue orders such as “pay and stays” which give the tenant a set period, usually, thirty (30) to sixty (60) days to catch up on past-due payments. If the tenant follows through with the payments, he or she can stay in the property.
Evictions during COVID-19
It is true that on motions from state leaders, the Pennsylvania Supreme Court issued an Order suspending evictions and foreclosures during the pandemic. The justifications are good ones: People should not be displaced during a public health crisis because doing so can lead to more harm and spreading of the virus. Additionally, such a widespread crisis should not force people out of their homes when the inability to pay is not their fault.
Although this Order is a commendable recognition from out state’s powers of the hardships Pennsylvania citizens are facing, it is also redundant. A separate order from the Supreme Court closed most Magisterial District Courts and reserved the few that remain open for emergency proceedings, mostly related to criminal matters. So even if the Supreme Court did not order the suspension of evictions, Pennsylvanians would still be protected since it is unlikely the courts will reopen and catch up for quite some time, even after many of the restrictions are lifted.
I am not indicating that the Supreme Court should not have issued its Order. Rather, Pennsylvanian’s have, in a sense, double protection at this point since the Courts will remain closed for quite some time.
Evictions after the pandemic
None of us truly know when this pandemic will run its course to the point where we can see our lives returning to even slight normality. However, when the time does come for restrictions to be lifted and businesses to reopen, there will STILL be additional time for Pennsylvania tenants.
There are many cases pending before the courts and new cases awaiting filing every day. When the courts reopen, they will be inundated with cases and attempting to catch up. It will be quite some time before a landlord’s filing of an eviction proceeding will see a scheduled court date even after the pandemic.
My guess is that if a tenant is still not caught up by the of time his or her hearing, judges are going to be IMMENSELY sympathetic to families and individuals facing an eviction complaint resulting from the pandemic. We will likely see most, if not all orders issued in the form of “pay and stays” and I would not be surprised at judges giving even extra time to catch up on payments past their usual thirty (30) to sixty (60) day orders.
Keep in mind…
Although evictions cannot happen at this point and although it is extremely likely tenants will have time to catch up on payments, there are still repercussions of not paying rent on time. As I said, this article had been written to help people, so I want to ensure everyone is aware of the negative impacts.
Unless a particular lease states otherwise, a landlord is free to refuse the renewal of a lease and does not have to give a reason. There are very limited circumstances that must be thoroughly proven, usually relating to discrimination, that prevent a landlord from denying a tenant’s lease renewal.
If a tenant has been late on payments and his or her landlord is not understanding of the situation, the landlord may refuse to renew a lease upon its expiration. The reason may very well be the tenant’s late payments, even during a global crisis. Because of this, it is, of course, recommended that payments are made in accordance with a lease agreement whenever possible. Nobody wants to see a person face losing his or her home.
