Pennsylvania

Eviction Process

Timeline. Evicting a tenant in Pennsylvania can take around 1-2 months, depending on the reason for the eviction. If tenants file an appeal, the process can take longer (read more).

Below are the individual steps of the eviction process in Pennsylvania.

Step 1: Notice is Posted

Landlords in Pennsylvania can begin the eviction process for several reasons, including:

1. Nonpayment of Rent – Once rent is past due, notice must be served on the tenant before the landlord can proceed with an eviction action.
2. Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord is not required to give the tenant the opportunity to correct the issue before moving forward with the eviction process.
3. No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
4. Illegal Activity – If a tenant is engaged in illegal drug activity, they must receive written notice before the landlord can proceed with the eviction process.

Each possible ground for eviction has its own rules for how the process starts.

Eviction Process for Nonpayment of Rent

A landlord is allowed to evict a tenant for failing to pay rent on time.

According to Pennsylvania law, rent is considered late the day after it’s due; grace periods, if any, are addressed in the lease/rental agreement.

Once rent is past due, the landlord must provide tenants with a 10-Day Notice to Quit if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to move out of the rental unit within 10 days in order to avoid eviction.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in Pennsylvania if they do not uphold their responsibilities under the terms of a written lease/rental agreement.

The amount of notice landlords are required to give depends on the type of tenancy and length of time the tenant has resided in the rental unit.

For at-will tenants and tenants who have lived in the rental unit for less than one year, landlords must provide 15 days’ written notice. For tenants who have lived in the rental unit for one year or more, landlords must provide 30 days’ written notice.

Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

Note that illegal drug activity is not included in this category.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for No Lease / End of Lease

In the state of Pennsylvania, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

The amount of time required in the notice depends on the length and type of tenancy.

• At-will tenants – If tenants don’t have a set termination date for tenancy, landlords must provide a 15-Day Notice to Quit.
• Less than one year – If tenants have resided in the rental unit for less than one year, landlords must provide them with a 15-Day Notice to Quit.
• One year or more – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for Illegal Activity

Tenants who are involved in illegal drug activity must be given 10 days’ notice prior to beginning an eviction action.

In Pennsylvania, illegal activity includes :

• First conviction for illegal sale/manufacture/distribution of a controlled substance
• Second violation of the Controlled Substances Act of 1972
• Seizure of illegal drugs from rental unit by law enforcement

If the tenant remains on the property after the notice period expires, the landlord may continue with the eviction process.

Step 2: Complaint is Filed and Served

As the next step in the eviction process, Pennsylvania landlords must file a complaint in the appropriate court. In Adams County, this costs $167-$222 in filing fees depending on how much the tenant owes the landlord in back rent or other expenses.

The summons and complaint may be served on the tenant by a writ server, constable, or sheriff prior to the hearing through one of the following methods :

1. Giving a copy to the tenant in person
2. Mailing a copy to the tenant
3. Posting a copy in a conspicuous place on the rental unit

Step 3: Court Hearing and Judgment

The eviction hearing must be held 7-10 days after the summons is issued by the court.

If the judge rules in favor of the landlord, a writ of possession will be issued and the eviction process will continue.

Either tenants or landlords may file an appeal.

For all tenants other than victims of domestic violence, the appeal must be filed within 10 days of the date the ruling is issued in favor of the landlord.

Victims of domestic violence have 30 days from the date of the ruling in the landlord’s favor to file an appeal.

Step 4: Writ of Possession is Issued

The writ of possession is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant.

The writ will be issued on the 5th day after the judgment is issued in favor of the landlord. The landlord must request the writ, however; it will not automatically issue.

Tenants can pay all past-due rent in full, plus any additional court-ordered fees, prior to the issuance of the writ of possession and the eviction process will be stopped .

Step 5: Possession of Property is Returned

Law enforcement officials must serve the writ of possession on the tenant within 48 hours of receiving it from the court.

Tenants will then have 10 days to move out before law enforcement officials return to forcibly remove tenants from the rental unit.

Pennsylvania Eviction Process Timeline

Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Pennsylvania. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.

1. Initial Notice Period – between 10 and 30 days, depending on the notice type and reason for eviction.
2. Issuance/Service of Summons and Complaint – a few days, depending on the service method chosen.
3. Court Hearing and Ruling on the Eviction – 7-10 days after the summons is issued; longer if an appeal is filed.
4. Issuance of Writ of Execution – 5 days after the ruling in favor of the landlord.
5. Return of Possession – 10 days after the writ is posted.

Flowchart of Pennsylvania Eviction Process

For additional questions about the eviction process in Pennsylvania, please refer to the official legislation, Pennsylvania Unconsolidated Statutes 1951 Act 20, for more information.