A Pennsylvania eviction notice is utilized by landlords to initiate tenant eviction proceedings. This notice, in accordance with Pennsylvania state law, outlines the reason for eviction and provides the tenant with the legally mandated duration to address the issue or vacate the premises.
By Type
Eviction Laws & Requirements
- Eviction Lawsuit: Chapter 500.
- Grace Period for Rent Payment: No grace period for rent payment is required by Pennsylvania law.
- Non-Payment of Rent: 10 days § 501(b).
- Illegal Drugs: 10 days § 501(d) & § 505-A.
- Non-Compliance: 15 or 30 days § 501(b).
- Lease Termination (Month-to-Month Lease): N/A.
- Pay and Stay: During an eviction hearing, the tenant can stay in the rental property if they pay all overdue rent and court costs. § 503(c).
How to Evict a Tenant in Pennsylvania?
In Pennsylvania, eviction lawsuits are governed by Article V of the Pennsylvania Landlord and Tenant Act of 1951.
Step 1: Give the Tenant the Eviction Notice
Landlords must provide tenants with an eviction notice before they can go to court to have them evicted. It must be in writing and given to the tenant in person or posted on their door. It must also provide the reason for eviction. Depending on the cause, such as late rent or violating the lease, landlords in Pennsylvania must give tenants a specific frame to fix the problem.
Tenants have ten days to move out for failing to pay rent and either 15 or 30 days for not complying with the lease agreement (depending on whether or not they’ve lived in the rental property for one year). Pennsylvania doesn’t require a grace period for late rent. The eviction process stops if the landlord accepts payment after sending a notice to pay rent or quit.
Step 2: File an Eviction Lawsuit
If the tenant fails to respond to the notice, the landlord can go to court to file an eviction lawsuit. The rental property’s location determines which Pennsylvania county or municipality the landlord must file.
Step 3: Attend the Court Hearing
After the landlord formally files their complaint, hearing dates will be set for the landlord and tenant(s). If the lawsuit goes to court, the tenant may pay all overdue rent and any court costs to stop an eviction. This is called the right to “pay and stay.”
Step 4: Issue an Order of Possession
At the court hearing, the tenant and landlord present their case. If the landlord wins the judgment, they can issue an order of possession after ten days. This allows a sheriff or other official to enter the premises and forcibly remove the tenant if necessary.
Related Court Forms
- Order of Possession: Used when the landlord wins a judgment to have the tenant evicted and their property returned to them.
- Landlord/Tenant Complaint (AOPC 310A): Issued by a landlord when a tenant has broken the lease agreement.