The eviction laws in Pennsylvania differ slightly from county to county, but the eviction process stays fairly the same:
A good landlord-tenant relationship makes the process easier because there may be no need to file a complaint to the court for an eviction action or an eviction lawsuit. Leases also allow landlords and tenants to have special arrangements in case there are disputes regarding a lease violation and the like.
Sometimes, a lease may even indicate no notice is required prior to proceeding with legal action.
This article details a summary for landlords to refer to when evicting a tenant. Alternatively, a landlord can ask attorneys for legal advice if they have any questions on the landlord-tenant act or on their county's eviction rules.
Get the quintessential guide to eviction laws on the go from DoorLoop’s “Landlord’s Guide” series.
Now, let’s dive in.
Notice requirements vary depending on the reason for evicting a tenant. Pennsylvania law requires the landlord to comply with notice requirements and the notice must have all necessary information such as the tenant's violation and how long they have before they must vacate the rental unit.
The notice must be presented before filing a complaint in court. If the lease stipulates no notice is necessary, then the landlord can proceed to the next step.
The most common reason for eviction is failing to pay rent on time. A landlord may evict renters for nonpayment of rent.
Rent in Pennsylvania is considered late a day past its due. Before a landlord can start filing an eviction, the landlord must give the tenant a 10-Day Notice to Quit. This eviction notice allows the tenant 10 days to settle any unpaid rent.
The tenant must resolve their nonpayment of rent after the 10 days' notice or leave the rental premises. Otherwise, the landlord may continue filing for an eviction action.
A written lease agreement can vary between tenants. Both landlord and tenant must uphold the terms of the lease/rental agreement at all times and avoid lease violations.
In Pennsylvania, the landlord can evict a tenant for violating the terms of the written lease agreement. The landlord must provide an eviction notice called a 15-Day Notice to Quit for at-will tenants and other tenants who have resided in the rental property for one year or less.
Tenants who have resided in the rental property for more than one year receive a 30-Day Notice to Quit. Should the tenant fail to move out within their given notice period, the landlord may continue filing for legal action.
If a tenant has engaged in illegal activity on the property, the landlord must give the tenant a 10-Day Notice to Quit before filing for an eviction process. Examples of illegal activity are:
A Pennsylvania eviction process does not allow a landlord to evict a tenant without good cause. The landlord must either wait for the tenant to commit a violation or wait for their lease term to end.
Tenants who stay within the rental premises even a day after their term ends may be evicted. The notice a tenant receives depends on their tenancy or lease term, which can include a 15-Days' Notice to Quit or a 30-Days' Notice to Quit.
For your own Pennsylvania lease agreement, visit DoorLoop's Forms Page to download a template along with many other forms.
The landlord may file a Landlord-Tenant Complaint after the notice period has passed. The landlord can fill it out either before or during their visit to the Magisterial District Court or Court of Common Pleas in order to file it.
It takes between 10 to 30 days before a landlord can file a complaint.
| Lease Agreement / Type of Tenancy | Notice to Receive |
|---|---|
| Tenancy at will | 15-Days' Notice to Quit |
| Less than one year | 15-Days' Notice to Quit |
| More than a year | 30-Days' Notice to Quit |
Before filing for an eviction with the court, you need to issue the tenant a notice to comply. You can either download the free PDF or Word template, or create your Pennsylvania eviction notice from here using a step-by-step wizard that guides you through the entire process to make sure you are submitting the legally correct notice.
Keep in mind, the step-by-step wizard will ask you to pay a small fee at the end - it's a small price to pay to ensure legal compliance and protection. The last thing you want is to go to court only to find out you did the first process incorrect.
The Summons and Complaint must be served on the tenant by a sheriff, writ server, or constable.
There are three methods available:
The tenant is not required to file an answer once they receive the eviction complaint.
The Summons and Complaint must be served on the tenant before the eviction proceedings begin.
The landlord must provide a strong argument backed up by solid evidence against the tenant in order to win. Should the tenant fail to show up to the eviction hearing, the Magisterial District Judge could rule in favor of the landlord by default. Valid evidence may include:
Attorneys may also represent the tenants or landlords during a court hearing. Tenants who were victims of domestic violence can appeal the ruling within thirty days, but under regular circumstances, tenants only have 10 days to appeal.
An eviction hearing is scheduled 7-10 days after the issuance of the Summons.
Appeals can be filed 10-30 days after the court rules in favor of the landlord, depending on the type of eviction.
Once the landlord wins the case, they can request a Writ of Possession—also known as an Order for Possession from the district judge. This is a court order which informs the tenant that they must move out of the property. The Order of Possession is released 5 days after the landlord wins the case.
Should the tenant be able to pay all court costs and fees before the Order for Possession is issued, then the entire eviction process is stopped.
The final step in the eviction process is to move the tenant out of the premises. Pennsylvania law dictates that once the Writ of Possession is issued, law enforcement officials have to serve it to the tenant within 48 hours from the time they receive it.
Once the tenants receive the Writ of Possession, they have 10 days to move out before they are forcefully evicted from the property.
It takes 5 days for the Writ of Possession to be issued by the court. Law enforcement officials have 48 hours to serve this court order to the tenant. After that, the tenant has 10 days to move out of the property.
It takes an average of 1 month to 2 months for a complete eviction process in Pennsylvania.
| Steps of the Eviction Process | Average Timeline |
|---|---|
| Issuing an Official Notice | 10-30 days |
| Issuance and Service of Summons and Complaint | A few days to a few weeks, depending on the chosen service method |
| Court Hearing and Judgment | 7-10 days |
| Issuance of Writ of Execution | 5 days |
| Possession of the Property | 10 days |
If the tenant disagrees with the request to begin the eviction process and they reply to the court, it’s important that you keep extremely good records of everything so you can provide proof to the judge and win your case. This part can make or break your entire eviction request in the event of a dispute.
You can stay organized by:
If the tenant doesn’t pay rent, and they dispute that claim, it’s important that you show the judge the following:
If you are evicting the tenant for lease violations, for example, noise complaints, unauthorized pets, or property damages, it’s important to show proof from any of the following methods:
Examples of illegal “self-help” evictions include changing the locks, taking the tenant’s belongings, removing the front door, or turning off the heat or electricity, but can be many other things. Many states specify how much money a tenant can sue for if the landlord has tried to illegally evict the tenant through some sort of self-help measure. Some state laws also provide for tenant's court costs and attorneys' fees (if the tenant successfully sues the landlord) and/or give the tenant the right to stay in the rental unit.
In almost every state in the US, a landlord must never try to force a tenant to move out of the rental unit. The tenant can only be removed from a rental unit after the landlord has successfully won an eviction lawsuit. Even then, the only person authorized to remove the tenant is a sheriff or constable, or any other individual authorized by law. Pennsylvania law has made it illegal for a landlord to personally remove the tenant from the rental unit.
According to Pennsylvania Civil Code, the landlord may be liable for Tenant’s Court Costs & Attorneys’ Fees. The statute also gives the tenant the right to stay.
A tenant can sue you for actual damages plus violations. Tenants may ask for an injunction prohibiting any further violation during the court action.
DoorLoop hosted this webinar with attorney Gregory J. Spadea, Esquire from The Law Offices of Spadea & Associates, LLC to help answer many of your legal questions. Gregory specializes in real estate law and evictions in Pennsylvania and we covered:
Feel free to learn more and watch this webinar for free.