Jessica asked:


This is a serious legal question. By law in Pennsylvania, I cannot “throw him out” because he has established residency via receiving mail at my address. I cannot file with the district justice for an eviction because there is no lease or rental agreement. I cannot afford an attorney right now. There must be some way I can have him removed. Please help. Serious advice only.

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Comments

Betsy on 24 March, 2008 at 2:46 am #

Not without cause.


Wounded Duck on 26 March, 2008 at 11:11 pm #

Toss him and let him sue to get back in!


fleepflawp on 27 March, 2008 at 5:42 pm #

I’m not familiar with the law in Pennsylvania, but my guess is eviction is the way to go. Even if there is no formal signed lease, he is considered some form of tenant. He’s probably classified as a tenant at sufferance–which means he has no legal right to be there and you can evict him by serving him with a notice to quit and filing in court, without having to justify why you’re doing so. Unless there’s some tacit rental agreement–whereby he pays you certain amounts, or does housework or performs other services for you, etc., in which case it could be construed as a month to month tenancy.

Best thing for you to do is to go to a nearby law library (all courts have them; a law school would as well), and ask the librarian. They can’t give you legal advice, but they can point you in the right direction to find the relevant law and procedural forms, etc. you need. Good luck!


Edward on 30 March, 2008 at 4:33 am #

The way to remove him is called your two fists, and you should know what to do with them.


Jen on 31 March, 2008 at 1:55 pm #

If there’s no lease it is considered a “month to month” lease. Write a letter to him informing him that he has to be out in 3 weeks and give it to him before the tenth of the month, if he doesn’t leave you need to call your local police department and let them know that you have a tenant that has refused to leave and you’d like him escorted off of the your property. Completely legal to do so. For more information on the landlord tenant act laws in your state go to:

That should be able to help you out more. I’ll continue to look for more answers for you and let you know if I find more :-)
Good luck


§ ? JLG ? § on 31 March, 2008 at 9:09 pm #

I can’t offer any help, but I can offer sympathy. This happened to a friend of mine. It got so bad, he moved out of his own damn house but still had to pay the bills. Of course, his was a psycho girlfriend, but still. The laws in PA are so screwed up, it’s not funny. He finally got her out by moving out himself and getting her parents involved - she wasn’t a minor, but they bribed her. How about your parents? I don’t care how old you are, some people are close to their parents and still heed their advice. Good luck with it….


scott b on 4 April, 2008 at 5:21 am #

Explain to your brother that you don’t want him living with you any more, and ask him if he is man enough to find another place to live. If he is not man enough to leave, while he’s out of your home, take all his stuff and put it in the street. Then change the locks and have a guy friend or friends hang out with you while you wait for your brother to return. Have the guy friend or friends explain to your brother that he is no longer welcome in your home. This is not a legal recourse but it should take care of the problem.


jennyla52000 on 6 April, 2008 at 9:00 pm #

Generally, if his name is not on the lease or deed to home, you can have the police remove him from the house. Then, you could file a restraining order to have him stay away from the evidence. These are legal, but unorthodox ways of removing him. However, you are best to most likely contact legal services or an attorney and ask them how you can do it.


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