Pennsylvania Eviction Process

Pennsylvania Eviction Process

Last Updated: January 10, 2024 by Phil Ahn

Evicting a tenant in Pennsylvania can take around 1 to 2 months, depending on the reason for the eviction. If tenants file an appeal, the process can take longer.

Grounds for an Eviction in Pennsylvania

In Pennsylvania, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:

  • Not paying rent on time
  • Staying after the lease ends
  • Violating the terms of the lease
  • Committing illegal activity

Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.

Grounds Notice Period Curable?
Nonpayment of Rent 10 Days Yes
End of Lease or No Lease

Lease of 1 Year or Less

15 Days No
End of Lease or No Lease

Tenancy of More than 1 Year

30 Days No
Lease Violation

Lease of 1 Year or Less

15 Days Yes
Lease Violation

Tenancy of More than 1 Year

30 Days Yes
Illegal Activity 10 Days No

Nonpayment of Rent

In Pennsylvania, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 10 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Pennsylvania the day immediately after its due date. Pennsylvania landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.

example

If rent is due on June 1st, it will be considered late starting on June 5th, unless the lease specifically states there is a grace period.

If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

End of Lease or No Lease

In Pennsylvania, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant proper notice to move out.

Based on the type and length of tenancy, the amount of notice differs. For tenants with a periodic tenancy of any length (i.e. week-to-week or month-to-month) or a lease of one (1) year or less, the landlord must serve them a 15 days’ notice to vacate.

For tenants with a lease of more than 1 year, the landlord must serve them a 30 days’ notice to vacate. If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In Pennsylvania, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Pennsylvania landlord tenant law. To do so, the landlord must first serve the tenant a notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.

Based on the type and length of tenancy, the amount of notice differs. For tenants with a periodic tenancy of any length (i.e. week-to-week or month-to-month) or a lease of one (1) year or less, the landlord must first serve the tenant a 15 days’ notice to comply or vacate.

For tenants with a lease of more than 1 year, the landlord must first serve the tenant a 30 days’ notice to comply or vacate.

    Examples of lease violations:

    • Failing to maintain the premises in a clean and sanitary manner
    • Allowing unauthorized occupants or pets to reside in the rental unit
    • Causing minor property damage
    • Refusing to allow the landlord access to the rental unit
    • Using plumbing, electrical or other fixtures in an unsafe or unreasonable manner

    If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

    Illegal Activity

    In Pennsylvania, a landlord can evict a tenant for committing illegal activity on the premises.  To do so, a landlord must first serve the tenant a 10 days’ notice to vacate. The tenant does not have the option to fix the violation and must move out within the 10-day period.

    In Pennsylvania, illegal activity includes:

    • Illegal manufacture, delivery, possession of a controlled substance
    • Manufacture of a cannabinoid extract without a license

    If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

    Illegal Evictions in Pennsylvania

    In Pennsylvania, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Pennsylvania landlord-tenant law.

    If found liable, the landlord could be required to pay the tenant up to two months’ rent or actual damages sustained (whichever is greater), plus the cost of the suit and reasonable attorneys’ fees.

    “Self-Help” Evictions

    A landlord is not allowed to forcibly remove a tenant by:

    • Changing the locks
    • Shutting off utilities
    • Removing tenant belongings

    A tenant can only be legally removed with a court order obtained through the formal eviction process.

    Retaliatory Evictions

    It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:

    • Complaining about habitability issues to the landlord or any authority tasked to enforce the law
    • Filing a complaint to a government authority
    • Joining a tenant’s union or organization
    • Pursuing a legal right to remedy habitability issues

    Read More

    Eviction notice posted on iPropertyManagement.com

    In Pennsylvania, all evictions follow the same process:

    1. Landlord serves tenant written notice of violations
    2. Landlord files complaint with court for unresolved issues
    3. Court holds a hearing and issues a judgment
    4. Writ of possession is issued
    5. Possession of property is returned to landlord

    Step 1: Landlord Serves Notice to Tenant

    A landlord can begin the eviction process in Pennsylvania by serving the tenant with written notice. The notice must be delivered using one of the following methods:

    1. Handing the notice to the tenant in person
    2. Posting the notice to a conspicuous place on the premises
    3. Leaving the notice at the principal building on the premises
    tip

    Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.

    10-Day Notice to Quit

    In Pennsylvania, if a tenant is late on paying rent (full or partial), the landlord can serve them a 10-Day Notice to Quit. This eviction notice gives the tenant 10 days to pay the balance due or move out.

    15-Day Notice to Vacate

    For a tenant with no lease, a periodic lease (i.e. month-to-month) or a lease of one (1) year or less in Pennsylvania, the landlord can serve them a 15-Day Notice to Vacate to terminate the tenancy. This lease termination notice gives the tenant 15 days to move out.

    30-Day Notice to Vacate

    For a tenant with a lease of more than one (1) year in Pennsylvania, the landlord can serve them a 30-Day Notice to Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.

    15-Day Notice to Comply or Vacate

    In Pennsylvania, if a tenant has a periodic lease (i.e. month-to-month) or a lease of one (1) year or less and violates the terms of their lease or legal responsibilities, the landlord can serve them a 15-Day Notice to Comply or Vacate. This eviction notice gives the tenant 15 days to fix the issue or move out.

    30-Day Notice to Comply or Vacate

    In Pennsylvania, if a tenant with a lease of more than one (1) year violates the terms of their lease or legal responsibilities, the landlord can serve them a 30-Day Notice to Comply or Vacate. This eviction notice gives the tenant 30 days to fix the issue or move out.

    10-Day Notice to Vacate

    In Pennsylvania, if a tenant commits an illegal activity on the premises, the landlord can serve them a 10-Day Notice to Vacate. This eviction notice gives the tenant 10 days to move out without the chance to fix the issue.

    Eviction Complaint Filed on iPropertyManagement.com

    Step 2: Landlord Files Lawsuit with Court

    As the next step in the eviction process, Pennsylvania landlords must file a complaint in the appropriate court. Filing fees may vary, for example in Adams County, this costs $167-$222 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

    Eviction Court Hearing on iPropertyManagement.com

    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.

    note

    The hearing must be held at least 7, but not more than 10, days after the summons is issued by the court.

    Eviction Writ of Possession on iPropertyManagement.com

    Step 4: Writ of Possession is Issued

    The writ of possession is the tenant’s final notice to leave the rental unit and shall be delivered or posted on a conspicuous place of the rental unit by a sheriff, constable, writ server. This allows the tenant the opportunity to remove their belongings before the sheriff or constable returns to the property to forcibly remove the tenant.

    The writ will be issued on the fifth 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.

    note

    The writ of possession will be issued on the fifth day after the judgment is issued in favor of the landlord.

    Eviction property possession returned on iPropertyManagement.com

    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.

    If the tenant remains on the property on the 11th day following the service of the order for possession the officer executing the order for possession shall use such force (i.e., breaking the door) as necessary to enter the property.

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    Pennsylvania Eviction Process Timeline

    In Pennsylvania, an eviction can be completed in 1 to 2 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

    Below are the parts of the Pennsylvania eviction process outside the control of landlords for cases that go uncontested.

    Step Estimated Time
    Initial Notice Period 10-30 Calendar Days
    Court Issuing/Serving Summons  ~3 Business Days
    Court Ruling 7-10 Business Days
    Court Serving Writ of Possession 5 Business Days
    Final Notice Period 10 Calendar Days

    Flowchart of Pennsylvania Eviction Process

    Pennsylvania Eviction Process Flowchart on iPropertyManagement.com

    Pennsylvania Eviction Court Fees

    The cost of an eviction in Pennsylvania for all filing, court, and service fees can vary heavily based on the claim amount. For cases filed in Magisterial District Court, the average cost of eviction is $409.

    Fee Magisterial District
    Initial Court Filing $84+
    Summons Service ~$75+
    Writ of Possession Service & Execution ~$250
    Notice of Appeal Filing (Optional) ~$166.75+

    Read more

    Sources