As a real estate investor or property owner, it is frustrating when a property is occupied by a squatter. Squatters create many risks to the property and complicate negotiations for sale. The legal process to remove a squatter may take up to a year in Philadelphia. Some savvy squatters may demand an enormous cash payment in exchange for the keys.
However, a recent Philadelphia law went into effect that can result in the removal of a squatter in a fraction of the time.
What is the new law?
Philadelphia Criminal and Defiant Trespasser Law
Philadelphia Code § 10-840, et seq.
What problem does it solve?
Owners who never had a landlord/tenant relationship with a squatter must file a legal action called an “ejectment.” An ejectment is expensive and takes nine months or more because it requires a trial in the Philadelphia Common Pleas Court. The legal process to remove a criminal trespasser was at least nine months in length while a tenant could be removed in just 6-8 weeks.
Under the new law, the property owner can request an emergency hearing before a judge. The court will schedule the hearing within five days. If the owner is successful at the hearing, the court will issue an order authorizing a writ of possession.
