How to Evict a Tenant in Pennsylvania (6 Steps)
Step 1 – Send the Proper Eviction Notice
The law requires landlords to send a notice before they can begin eviction proceedings. The type of notice will depend on the reason for eviction, and it must state this reason.
Landlords have two options for delivering a notice to quit:
- Hand delivery to the tenant.
- Post on the door of the property.
It is not legal to send an eviction notice via the mail. If a landlord does so, the tenant may argue it is invalid and ask the judge to dismiss the eviction request.
Before moving to the next step in the process, a landlord must wait for the full notice period to expire.
Timeline
A landlord can file a complaint after a waiting period of 10 to 30 days.
Step 2 – File the Eviction
After serving the notice and waiting the appropriate time, the landlord needs to file a Landlord-Tenant Complaint Form with the Magisterial District Court in the property’s county or the Municipal Court, if in Philadelphia. Filing also requires paying fees to the court.
For landlords in Philadelphia, they must participate in the Eviction Diversion Program before they can file an eviction case. This process aims to help tenants and landlords reach an agreement outside of court to resolve any issues that have led to the eviction.
The process starts with sending a Notice of Diversion Rights, which informs the tenants they have a right to participate in the program, and the landlord will be applying to begin the process.
It also informs the tenants about the next steps, including an email or text message they will receive within seven days.
The process allows for a meeting with a housing counselor and mediation to come to an agreement. It may also result in landlords receiving Targeted Financial Assistance (TFA), which could help pay overdue rent payments for the tenant. Receiving TFA will halt the eviction process for at least 60 days from the date of the last full rental payment.
Both tenants and landlords must participate in the program. They should be willing to negotiate and work together to reach a solution.
If the program fails, the landlord may file an eviction. The cost to file depends on the amount of money owed by the tenant and ranges from $94.75 to $138.75.
Step 3 – Serve the Summons
Part of the eviction filing process includes the court serving the summons to alert the tenant they are facing removal. Summons service will happen in one of three ways:
- In-person to the tenant.
- By mail.
- Posted on the property in a visible location by the entrance.
The summons will inform the tenant of the hearing date and the amount to pay to stop the eviction. It will also ensure the tenant knows they must appear in court.
A law enforcement officer, sheriff or process server must deliver the summons and provide proof of delivery to the court. There is a charge for service that varies by county. For example, Butler County charges $150 per tenant named in the complaint to deliver a summons.
Timeline
The Summons and Complaint must be served to the tenant before eviction proceedings can commence.
Step 4 – Attend the Hearing
At the time of filing, the court will schedule the hearing. It is usually seven to 15 days after the filing date. The tenant and landlord must show up at the hearing to avoid a default ruling in favor of the other party.
The landlord will need to provide evidence to back up the claims for the reason for the eviction. Evidence may include:
- Copy of lease.
- Payment receipts/ledgers.
- Bank statements.
- Copy of notices.
- Security camera footage.
- Police reports.
- Voicemails or text messages.
- Pictures.
The goal is to get a judgment to return possession of the property. Landlords may also ask for damages, including costs associated with the eviction and attorney fees.
Tenants may also enter evidence or file a counterclaim against the landlord. They will also need to provide documentation and other proof to back up any claims.
Timeline
An eviction hearing is scheduled 7-10 days after the Summons is issued.
Step 5 – Wait for the Judgment
The judge should make a ruling in the case within three days. He or she will issue a Notice of Judgment, which the court will send via mail to the tenant and landlord.
The notice will state:
- Who won the case.
- What actions must be taken.
- Amount of money awarded.
Tenants have 10 days to appeal the ruling with the Court of Common Pleas. They also can remedy the situation to void the order. For example, if the eviction was due to nonpayment of rent, the tenant can pay the overdue balance and avoid eviction.
Note that victims of domestic violence or those who only wish to appeal the money award have 30 days to file.
Timeline
Appeals can be filed 10-30 days after a ruling, depending on the eviction type.
Step 6 – File for the Writ of Possession
The landlord must request the writ of possession or the order to retake possession of the property. They have 120 days from the date of the judgment to get it. The court will issue it 10 days after the ruling.
This court order tells the tenant they must leave the property within 10 days. Law enforcement will serve the tenant with the notice and must do so within 48 hours of receiving it. There is a fee for this service. For example, Montgomery County charges $71 for service fees for one tenant and $53 for each additional tenant.
Tenants can remedy the situation up until the eviction date. If they wait until the day of eviction, they must pay officers in cash.
On eviction day, if tenants refuse to leave and have not paid any overdue rent in full, officers will forcefully remove them.
Timeline
The court issues the Writ of Possession in 5 days. Law enforcement then has 48 hours to serve it, and the tenant must move out within 10 days.
Eviction Reasons
All landlords must have a valid reason for requesting an eviction. Typically, this means the tenant violates a term of the lease agreement. Invalid reasons to evict a tenant include discrimination, such as evicting someone due to their race or taking the property for personal use.
Landlords can, however, choose not to renew a lease at the end of its term.
Regardless of the reason, the landlord must serve the proper Pennsylvania eviction notice required by law. The matter also has to go to court before the property owner has any right to remove the tenant.
At-Fault Evictions
At-fault evictions occur when the tenant does something to provoke good cause for the landlord to evict them. Good cause for an eviction may include:
- Failure to pay rent.
- Violating a term of the lease.
- Conducting illegal activities on the property.
There are various notice requirements based on the reason for the eviction. It is essential for a landlord to send the correct type of notice. Otherwise, it could cause delays in the process.
1. 10-Day Notice to Quit
Overview:
- Use for missed rent payments.
- Gives the tenant 10 days to get current on rent payments.
- The 10-day period includes all calendar days.
2. 10-Day Unconditional Notice to Quit
Overview:
- Use for illegal activity of tenant.
- Requires tenant to move out or face eviction.
- Does not allow tenant the ability to fix the situation to avoid removal.
- The 10-day period includes all calendar days.
3. 15-Day Notice to Quit
Overview:
- Use for lease violations for tenants who have lived in the rental for less than a year or for non-renewal of lease for a lease term under 30 days.
- For lease violations, provide 15 days for the tenant to fix the issue.
- There is no option to cure for end-of-lease situations.
- The 15-day period includes all calendar days.
4. 30-Day Notice to Quit
Overview:
- Use for lease violations for tenants who have lived in the rental for more than a year or for non-renewal of the lease with a term of 30 days or longer.
- For lease violations, provide 30 days for the tenant to fix the issue.
- There is no option to cure for end-of-lease situations.
- The 30-day period includes all calendar days.
When there is the ability to fix or cure the situation that triggered the notice, the eviction process will end if the tenant corrects the problem. However, the tenant may be liable for costs associated with serving the notice and the eviction process up to that point.
It is also worth noting that landlords may include terms in the lease that alter these notice requirements, including the number of days. If a lease differs from the law, such as saying the tenant waives the right to any notice, then that will stand up in court. Tenants should read all lease terms carefully before signing.
No-Fault Evictions
Pennsylvania does not permit no-fault evictions. Landlords must have a valid reason for eviction, which does not include wanting to break a lease or remove a tenant for personal reasons.
Eviction Timeline
| Reason | Curable | Lease Type | Duration | Notice Period |
|---|---|---|---|---|
| End of Lease | No | Under 30-days 30 days or more | Less than 30 days 30 days or more | 15 days 30 days |
| Lease Violations | Yes | Tenants under one year Tenants over one year | Any Any | 15 days 30 days |
| Failure to Pay Rent | Yes | Any | Any | 10 days |
| Illegal Activity | No | Any | Any | 10 days |
Tenant Rights in Pennsylvania
Pennsylvania law aims to provide tenants with some rights in the event of an eviction, such as allowing them to remedy the situation up to the date of the removal. It also prevents landlords from taking certain actions against tenants to try to get them to leave the property.
Self-Help Evictions
Self-help eviction actions are not legal in Pennsylvania. Landlords cannot lock tenants out of a rental, turn off utilities to try to force them out, or otherwise attempt to remove them from the property without first securing a court order and following all the steps of a legal eviction.
Tenants can sue for wrongful eviction and get a judgment for damages and expenses, such as court fees and attorney costs.
Abandoned Property
On eviction day, tenants should have all property out of the rental unit. Property remaining behind after the service of eviction by law enforcement goes into the care of the landlord.
Landlords must provide storage for ten days after an eviction. They have to send a mailed notice of storage and the requirement to collect. Tenants can ask for 30 extra days to pick up items.
Landlords may choose where to store the items, but tenants are responsible for all costs incurred in removal and storage. They must pay these costs when picking up their items.
Landlords are liable for items under their care. They must take proper steps to safeguard them and keep them in good condition.
Resources
- PALawHelp.org – Part of the Pennsylvania Legal Aid Network, offering legal assistance, resources, and information.
- Housing Equality Center of Pennsylvania – A non-profit organization providing education about fair housing rights.
- Pennsylvania Bar Association – The state bar association, offers legal information, attorney referrals, and legal resources.
- Pennsylvania Legal Aid Network (PLAN) – PLAN assists with providing low cost and free legal services, along with legal resources, to the public.
- Philadelphia Housing Authority – The official housing authority for the city of Philadelphia.
- U.S. Department of Housing and Urban Development – HUD’s page referring to landlord, tenant, and housing resources for the state of Pennsylvania.