Pennsylvania Eviction Process

Eviction Process in Pennsylvania

State-Specific COVID-19 Resources

If a landlord in Pennsylvania needs to evict a tenant for failure to pay the rent when due, the landlord must serve the tenant with a 10 Day Notice to Quit form. This gives the tenant 10 days to move out of the rental property unless they pay the rent.

If after the Pennsylvania landlord serves the notice and the tenant still has not complied or moved out, then the landlord needs to file a Complaint with the Justice of the Peace for the district where the property sits. The Justice of the Peace will issue a Summons, which will be served upon the tenant by either a constable, sheriff, or process server. A hearing will be set 1 to 2 weeks after the filing of the complaint by the landlord. At the hearing, each side will be able to present their case to the judge. The landlord needs to show the lease (if there is one), the eviction notice that was properly served on the tenant, and any other evidence that the court requires. The judge has the power to award the landlord possession of the premises, money damages, and unpaid rent.

This description of the Pennsylvania Eviction Process addresses the way that a private landlord would evict a tenant. If you are a landlord of subsidized housing or Section 8, your eviction process may be different.

Pennsylvania Eviction Laws

The eviction process in Pennsylvania is governed by the Pennsylvania Landlord Tenant Act of 1951. A landlord in Pennsylvania can evict a tenant for (1) failing to pay the rent, for (2) violating terms in the lease, or (3) simply because the lease term is up and the landlord does not want to renew.

 

 

---

 

DOWNLOAD FORMS YOU WILL NEED FOR THE EVICTION IN PENNSYLVANIA

Pennsylvania Landlord Tenant Eviction / Unlawful Detainer Forms Package

PENNSYLVANIA EVICTION FORMS

 

 

---

The Pennsylvania Rental Agreement

Pennsylvania Residential Landlord Tenant Rental Lease Forms and Agreements Package

 

 

---

 

Failure to Pay Rent

If a landlord in Pennsylvania needs to evict a tenant for failure to pay the rent when due, the landlord must serve the tenant with a 10 Day Notice to Quit form. This gives the tenant 10 days to move out of the rental property unless they pay the rent.

 

Lease Violation

If a landlord in Pennsylvania needs to evict a tenant for a breach of the conditions of the lease (unauthorized pets, criminal activity, damaging property, etc.), the landlord needs to serve the tenant with a 15 Day Notice to Quit Form. HOWEVER, if the lease with the tenant is for more than one year, the landlord needs to serve the tenant with a 30 Day Notice to Quit Form.

 

Lease Term is Up

If the lease term is nearing the end, and the landlord does not want to renew the lease (either because they do not like the tenant, they want to sell the property, etc.), the landlord needs to serve the tenant with a 15 Day Notice to Quit Form for leases that are for a term less than a year, and a 30 Day Notice to Quit Form for leases that are more than a year.

 

 

Mobile Home Parks

If a Pennsylvania landlord needs to evict a tenant from a mobile home park, the time periods are different. For Notice to Quit forms served for non-payment of rent on or after April 1st and before September 1st, the landlord must give the tenant a 15 Day Notice to Quit form to pay rent or vacate. For Notice to Quit forms served for non-payment of rent on or after September 1st and before April 1st, the landlord must give the tenant a 30 Day Notice to Quit form to pay rent or vacate. To evict a mobile home tenant because the lease term is up or for breach of a lease agreement (lease violation), the landlord must give a 30 Day Notice to Quit form for lease terms of less than a year, and 3 Months Notice to Quit form for lease terms of a year or more.

 

Proper Service

In order to properly deliver the Notice to Quit, the landlord must either personally hand it to the tenant, leave it at the principal building on the premises, or post it conspicuously on the lease premises. This website always recommends taking a photograph of the delivery method, in case it has to be proved later in court.

 

Filing a Pennsylvania Eviction Complaint

If after the Pennsylvania landlord serves the notice and the tenant still has not complied or moved out, then the landlord needs to file a Complaint with the Justice of the Peace for the district where the property sits. The Justice of the Peace will issue a Summons, which will be served upon the tenant by either a constable, sheriff, or process server. A hearing will be set 1 to 2 weeks after the filing of the complaint by the landlord. At the hearing, each side will be able to present their case to the judge. The landlord needs to show the lease (if there is one), the eviction notice that was properly served on the tenant, and any other evidence that the court requires. The judge has the power to award the landlord possession of the premises, money damages, and unpaid rent.

 

Writ of Possession

If the judge rules in favor of the landlord, the tenant will have 5 days to vacate. After the 5th day, the judge can issue a Writ of Possession ordering the Sheriff to go to the premises and forcibly remove the tenant.

 

 

Tenant can Appeal

It is also important to note that the tenant may appeal the judgment within ten days of losing the eviction hearing, but to stop removal by the sheriff the tenant must deposit rent into an escrow account with the prothonotary at the county courthouse.

 

Pennsylvania law (the Landlord and Tenant Act of 1951) controls the eviction of tenants renting a home in Pennsylvania for nonpayment of rent and other lease violations. Landlords may not take self-help measures, such as changing locks or removing tenant’s property, to force a tenant to move out. Instead, landlords most follow specific procedures, beginning with serving a “Notice to Quit” on the tenant. (68 Pa. Cons. Stat. Ann. § 250.501.)

 

What Is a Notice to Quit?

A Notice to Quit is a document delivered by the landlord to the tenant notifying the tenant in writing he or she must move out of the property by a certain deadline.

There are several reasons why a Notice to Quit may be used:

• The term of the lease has ended and the lease does not automatically renew for another term or on a month-to-month basis.
• The tenant has violated the conditions of the lease or rental agreement—for example, by keeping a pet in the home when the lease prohibits pets, by allowing a person who is not on the lease agreement to live in the home, by permitting drug use on the property, or by damaging the home causing the landlord to pay for repairs.
• The tenant has failed to pay the rent due according to the terms of the lease or rental agreement.

 

 

What Is Included in the Notice to Quit?

The Notice to Quit must include the name of the landlord; name(s) of the tenant(s); address of the rental property; and reason for the notice, such as tenant failure to pay rent for a specific time period or for some other violation of the lease. A Notice to Quit for nonpayment of rent should include the amount of rent due; the method and location to make payment; the deadline (a specific date) by which the tenant must move out or pay rent due; and a statement that the landlord may pursue legal action if the tenant does not meet the demand of the Notice to Quit.

In the case of nonpayment of rent, a tenant is given the option of paying the rent or moving out by a specified date; for lease or rental agreement violations, the tenant’s only option is to move out by the deadline specified in the notice.

The landlord should keep a copy of the Notice to Quit as it may be needed for further action in court if the tenant does not comply with the demands contained in the Notice to Quit.

 

Determining the Date the Tenant Must Move Out

The deadline by which the tenant must move out (the date specified in the Notice to Quit) depends on the reason for the termination.

 

Nonpayment of Rent

Pennsylvania law requires that the tenant be given 10 days from the date of service of the Notice to Quit to either pay the rent due or move out of the property. This deadline can be changed if previously agreed to by the tenant in the lease or rental agreement.

 

Violation of Lease or Rental Agreement

For lease or rental agreement violations, the landlord must give the tenant 15 days to move out (for lease terms of one year or less) or 30 days (for leases of one year or more).

 

How to Calculate the Date of the Deadline

In order to calculate the date of the deadline to include on the Notice to Quit, begin counting the required days starting with the day after the Notice to Quit is served on the tenant. The last counted day based on the required number of days is the final full day the tenant has to comply with the Notice to Quit. The day following that final day is the date the landlord can officially take court action against the tenant, if needed.

For example, say on January 31 that the landlord serves the tenant with the Notice to Quit for nonpayment of rent. Since nonpayment of rent allows for the tenant to have 10 days to comply with the Notice to Quit, begin counting out 10 days starting on February 1. February 10 will be the last full day the tenant has to either pay the rent due or move out. If the tenant does not pay the rent due or move out on February 10, then on February 11 the landlord can file an eviction action against the tenant in court.

 

How to Serve the Notice to Quit

Notice may be served by three different methods:

• personal service – delivery to the tenant in person
• leaving the Notice to Quit at the main building on the property (such as the door of the rental apartment or house), or
• securing or posting the Notice to Quit in a visible location on the rental property.

Keep a written record of the method of service, whether or not it was served on a person, note the name of the person served or where it was posted at the home, the time of service, and the date of service.

 

 

Consequences of Tenant Failure to Move Out by the Notice to Quit Deadline

If the tenant does not move out of the property by the deadline written on the Notice to Quit (or pay the rent due for a nonpayment of rent situation) the landlord must file a landlord and tenant complaint, also known as an eviction lawsuit, in court (in the magisterial district where the rental property is located) to force the tenant to move by a court order.

 

The Landlord’s Next Steps: Filing an Eviction Lawsuit in

Pennsylvania

The Landlord and Tenant Act of 1951 outlines specific steps the landlord must take to properly serve the eviction complaint on the tenant so that a hearing will be set before a judge or magistrate.

A form for filing a landlord and tenant complaint may be found at http://www.pacourts.us/Forms. Select “For the Public,” scroll down the webpage to locate the “Landlord” heading and select the form titled “Landlord Tenant Complaint.”

The landlord should bring extra copies of the completed Landlord and Tenant Complaint form to the courthouse and expect to pay a filing fee to begin the eviction lawsuit process. The court clerk will process the landlord’s complaint and set the matter for a hearing. The landlord will need to serve the tenant with a copy of the complaint and the date of the hearing.

The hearing may result in a judgment granting delivery of the property to the landlord and a money judgment against the tenant for rent, damages, and costs. If the tenant continues to occupy the property even after the court issues an order for the tenant to move, an Order of Possession must be obtained by the landlord from the court whereby the tenant will be legally and physically evicted by a court officer or sheriff.

See 68 Pa. Cons. Stat. Ann § 502 through 521 for details on eviction lawsuits in Pennsylvania.

 

 

Evicting Tenants in Mobile Home Parks in Pennsylvania

Special eviction rules apply to mobile home owners who lease or rent space in mobile home parks with three or more mobile homes. (See 68 Pa. Cons. Stat. Ann. § 250.501(c) and the “Mobile Home Rights Act” found at 68 PS 398.1 and following.) For example, landlords must give mobile home tenants who have violated a lease or rental agreement by failing to pay rent due 20 days to move out (when notice is given on or after April 1 and before September 1) or 30 days (when notice is given on or after September 1 and before April 1); this is more time than given tenants who violate a lease or rental agreement term in rental properties other than mobile home parks.

In situations where a tenant has not paid, or is otherwise a problem, landlords can remove them from their property through the eviction process.

In fact, landlords must follow the law in evicting tenants; they cannot simply change the locks on their property and throw their tenants’ possessions on the street.

Such “self-help evictions” are illegal in Pennsylvania, and landlords who do this can face severe legal consequences. Since eviction is a technical process, it is best to get help from an attorney from the beginning.

The first step to any eviction is notifying the tenant in writing of the reason for eviction by either personally handing the notice to the tenant, or posting it conspicuously on the leased premises. This notice may not be required if the tenant agreed not to receive it under a written lease agreement.

After notifying the tenant, the landlord must wait a number of days to begin the eviction process. Unless there is a written lease that contains a shorter notification period, this waiting period can last for 15 days, 30 days, or even longer depending on a number of factors.

If, at the end of the waiting period, the tenant has not fixed whatever problems upset the landlord in the first place, the landlord can start eviction proceedings by filing a complaint with the local Magisterial District Court and sending the tenant a notice to vacate the leased premises.

The complaint asks the court for possession of the premises, along with any money the tenant owes. Once the complaint has been filed, the court will set a hearing date, usually one to two weeks after the date of filing.

At the hearing, both the landlord and tenant can present their case, under oath, using whatever evidence or witness testimony they need to prove their argument. The magisterial district judge will then decide whether the landlord is entitled to possession, and deal with any claims for money.  Either side has a right to appeal this decision within thirty days.

Assuming the magisterial district judge sides with the landlord, the landlord must wait 11 days before filing and serving an order of possession. The tenant then has 10 days to vacate the premises.

Finally, on the 11 day, the landlord can change the locks and evict the tenant with the help of a sheriff or constable.

In the end, eviction takes about six weeks from filing the complaint to changing the locks and removing the tenant.

This article is intended as a discussion of legal topics that are often confusing to many laypeople—it is not, and should not be relied on, as legal advice. Attorney Jesse White is licensed to practice solely in Pennsylvania and any information discussed relates solely to Pennsylvania law. The hiring of a lawyer is an important decision that should only be made after careful consideration.