Can our landlord forcibly evict us without going to court even if we told her that we would be moving out?

UPDATED: Dec 7, 2011

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Can our landlord forcibly evict us without going to court even if we told her that we would be moving out?

Landlord wants us out in about a week because we couldn’t get mortgage on property. Told us that she would forcibly throw us out but no legal action has been taken. I have 4 kids, one being a newborn

Asked on December 7, 2011 under Real Estate Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the statutes of all states in this country as well as case law, your landlord must go through required process to evict you from the rental which would be a notice of eviction and a possible unlawful detainer. If the unlawful detainer action is filed, the landlord and you need to go through the court system over the rental.

Your landlord cannot use self help to forcefully evict you and your family from the rental. If he or she tries to do to, you need to immediately consult with a landlord tenant attorney about the situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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