Filing a Petition for Return of Property

Petition for Return of Property

What is a Petition for Return of Property? A petition for return of property is a legal method to recover item seized by police during arrest. In Philadelphia, every year thousands of individuals are arrested and their items seized by law enforcement. These items are placed on a property receipt and held by the government […]

Litigating a Rule 600 Motion to Dismiss or Motion for Bail

Rule 600

What is Rule 600? In Pennsylvania, every citizen has a right to a prompt trial.  Under Pennsylvania Rule 600, an individual is eligible for release on nominal bail if he is incarcerated for more than 180 days before his trial.  Further, the Rule states that trial shall commence within 365 days.  In reality, most significant […]

Pa. Super. Ct. Rules Time of Blood Draw is Testimonial Evidence

The Pennsylvania Superior Court has decided the case of Commonwealth v. Hajdarevic, 2020 Pa. Super. 175. In this case, the Court held that the time a defendant’s blood is drawn is testimonial evidence for purposes of the Sixth Amendment Confrontation Clause. In other words, a defendant has a constitutional right to cross-examine the individual who […]

Filing an Ejectment in Philadelphia, PA

Ejectment in Philadelphia

What is an Ejectment? In Philadelphia, there are two methods to remove an unwanted individual from your property: eviction and ejectment. Evictions are applicable where there is a landlord-tenant relationship between owner and occupant. For example, if the occupant has paid rent or signed a lease with you then you must file an eviction. Ejectments […]

Evict a Tenant in Philadelphia, PA

Philadelphia Eviction Lawyers

In this blog I will discuss ten steps to evict a tenant in Philadelphia, PA. In order to evict a tenant the landlord must have a legal basis. There are three legal bases to evict a tenant: breach of lease, termination of term, and nonpayment of rent. Evict a Tenant with a Strong Lease In […]

Motion to Complete Sheriff Sale (Pa.R.C.P. 2327)

A motion to complete sheriff sale may finalize a sale that was not completed at auction. If you were the winning bidder at a Philadelphia Sheriff Sale but did not pay the balance due within thirty (30) days of sale, you may still be able to purchase the property. Pursuant to Pa. R.C.P. 2327 you […]

Motion to Set Aside Sheriff Sale (Pa.R.C.P. 3132)

A motion to set aside sheriff sale is a legal basis to recover properties sold at auction. In Philadelphia, owners of real estate have a legal obligation to pay taxes. If those taxes are not paid the City will enter a judgment against the property owner. If the judgments are not paid the City will […]

Breaking a Lease to Protect Your Rights

Is the Property Habitable? There are many things to consider in breaking a lease. In Philadelphia, PA every landlord has a legal obligation to provide fit and habitable property to the Tenant. See Pugh v. Holmes, 486 Pa. 272 (1979). For example, if the property you are living in requires serious repairs you may be […]