Rule 3165 Reentry by defendant; new writ of possession

If you win an eviction case and the defendant (the person who was removed) moves back into the property without permission, you can take action to have them removed again.

To do this, you file a praecipe and an affidavit with the court clerk (called the prothonotary). The affidavit needs to explain what happened, meaning that the person came back after being legally removed. The clerk will then issue a new writ of possession, which is the court order that allows you to remove them again.

You must file within three years of when the original writ was carried out. If more than three years have passed, you cannot use this rule and would need to start a new case.