A Pennsylvania eviction notice is used to remove a legal tenant from a rental property. However, it’s important that both landlords and tenants understand the laws guiding the eviction process in Pennsylvania.
Landlords are not allowed to resort to self-help eviction or forcefully evict a tenant – no matter how stubborn. In the same vein, a tenant can not claim ownership of the rental unit.
To avoid landlord-tenant disputes, the State of Pennsylvania has enacted various laws and processes to regulate the eviction process in PA.
They ensure that landlords act strictly within the bounds of the law when dealing with tenants. On the other hand, it also protects the tenant’s rights and ensures that they fulfill their obligations in the tenancy agreement. This article covers how to evict a tenant in PA; the grounds for eviction, the different types of eviction notices, and other legal processes that are used in Pennsylvania.
Up-to-Date Eviction Laws in Pennsylvania for 2024
Pennsylvania eviction notice is primarily governed by the Landlord and Tenant Act 1951. It highlights the types of landlord-tenant lease and rental relationships that are available in Pennsylvania. It also specifies the rights and obligations of both parties, the grounds for eviction, the types of eviction notices, and the legal procedure for an eviction.
Over the years, Pennsylvania eviction laws have been developed to protect the rights of both landlords and tenants.
In particular, 68 Pa. Cons. Stat. Ann. § § 250.502-A and 250.504-A highlight the rights and duties of both landlords and tenants. These laws provide clear guidelines on how to initiate an eviction process, and the appropriate legal processes to use. Legal processes such as summons, pleadings, and writ of possession are essential to an eviction process in Pennsylvania.
Types of Rental Agreements in Pennsylvania
There are six (6) types of rental agreements recognized in the State of Pennsylvania. They are:
- Standard Residential Lease Agreement: This is a standard contract between a landlord and residential tenant, for a period less than three years. It contains essential information on the parties and the residential rental property. It also includes key contract terms such as the rent fee and the duration of the tenancy/lease.
- Month-to-Month Lease Agreement: This is a lease contract with no specific date of termination. The contract automatically renews at the end of each month so far as the terms are kept by both parties. However, it can be terminated by either party with adequate notice.
- Sublease Agreement: This is a rental agreement between an existing tenant known as the sublessor and a third party known as the sublessee, with the consent of the landlord. Typically, this agreement relies on an existing lease agreement between the landlord who is known as the head lessor, and the tenant (sublessor). Its duration is usually less than the original lease agreement.
- Roommate Agreement: This is a residential agreement between two or more individuals living together. In this arrangement, all the individuals are co-tenants to a residential unit, and they jointly answer to the landlord. The agreement usually contains rules guiding the expenses and living arrangements of the co-tenants. The landlord typically has no part to play in this type of agreement besides giving his consent.
- Commercial Lease Agreement: This is a lease agreement between a landlord and a tenant over a commercial property such as an office space, warehouse, cafe, etc. Commercial properties can be rented out to either a natural person or a legal artificial person such as a business, company, or agency. It usually has a different set of terms on rent and maintenance.
- Rent-to-Own Agreement: This is a contract that allows tenants to secure total ownership of the property later in the future. In this kind of arrangement, the tenant can buy the rental property at an agreed discounted price in the future.
Grounds for Eviction in Pennsylvania
The eviction laws in Pennsylvania require landlords to follow due process in an eviction. Before an eviction process can be initiated, one or more of the following grounds for eviction must have been committed:
- Failure to Pay Rent
This is the most popular ground for serving a Pennsylvania eviction notice. Once the duration of a rent expires, rent payment becomes due a day after. According to 68 Pa. Cons. Stat. Ann. § §250.501(b), if a tenant fails to pay rent once it is due, the landlord may validly issue a 10-day eviction notice Pennsylvania.
Landlords are free to decide if they would give the tenant a grace period within which to pay rent after it is due.
- Violation of Lease Terms
Pennsylvania eviction laws provide that both the landlord and tenant are bound by the terms of their lease agreement.
Where one or more lease terms are violated, especially by the tenant, the landlord can issue an eviction notice.
Examples of lease violations include:
- Damage to the rental property;
- Use and sale of illegal drugs;
- Disturbing the peace of other tenants;
- Subletting the property without the landlord’s consent;
- Engaging in criminal activity.
Where a tenant violates one or more lease terms, the landlord can issue a 15 day eviction notice in Pennsylvania.
- Illegal Activity
According to, 68 Pa. Cons. Stat. Ann. § § 250.501(d) and 250.505-A, engaging in illegal activities may lead to an unredeemable eviction.
Some of these illegal activities include:
- Homicide
- Use and sale of illegal substances
- Armed robbery
- Violence against persons
A landlord can issue a 10-day eviction notice against a tenant who engages in illegal activities, especially when it comes to the use or sale of illegal substances. In this case, repeat violations are irredeemable.
- Non-Renewal of Lease
An eviction process in PA for tenants with no lease can be initiated where neither the landlord nor tenant wishes to renew the lease agreement.
In this case, the tenant would typically refrain from paying a new rent, and the landlord can issue what is known as a 30 day eviction notice Pennsylvania to remove the tenant from the rental.
However, the notice period for the eviction notice is determined by the length of the lease itself. Here, a lease of more than one year would require a 30-day eviction notice.
Note that a tenant may be issued a 15-day eviction notice Pennsylvania for leases less than one year.
Types of Pennsylvania Eviction Notice Forms
A Pennsylvania eviction notice is a legal document that is issued by a landlord to a tenant with an instruction to vacate the rental property.
There are different types of eviction notices in Pennsylvania. Knowing the right eviction notice for any given situation is essential for both landlords and tenants.
Where a landlord issues the wrong eviction notice, a tenant could easily retain possession by raising an appropriate defense during an eviction trial.
Generally, a Pennsylvania eviction notice depends on the duration of the lease and the grounds for eviction. It could either be an eviction notice with or without cause.
Here are the types of Pennsylvania eviction notices below:
Eviction Notices with Cause
Generally, all eviction notices must have a reason. No landlord can evict a tenant without a cause in Pennsylvania. As such, the main type of Pennsylvania eviction notice is the one issued with a cause.
The grounds for eviction determine the type of eviction notice that may be issued.
10-Day Notice to Quit
When a tenant fails to pay rent once it is due, the landlord can issue a 10-day eviction notice Pennsylvania. This instructs the tenant to either pay the rent in full within 10 days or vacate the rental property.
Once the 10-day notice expires and the tenant still doesn’t pay the due rent, the landlord may initiate an eviction suit against the tenant.
15-Day Notice to Quit
A 15-day Pennsylvania eviction notice applies to tenants whose lease has expired, and also to tenants that violates one or more terms in the lease agreement.
The 15-day eviction notice must specify the acts and omissions constituting the breach, and the date the tenancy agreement will terminate if the tenant does not fix the violation.
It is important to note that this eviction notice applies only to tenants who have resided in the property for one year or less.
If the tenant doesn’t move out of the rental or fix the violation within the 15-day timeline, the landlord can bring an action in court.
30-Day Notice to Quit
68 Pa. Cons. Stat. Ann. § §250.501(b) provides that a 30-day eviction notice Pennsylvania applies to tenants whose lease duration exceeds one year.
If a tenant of one year or more violates any term in the lease agreement, the landlord may issue a 30-day eviction notice.
This gives the tenant 30 days to vacate the premises or remedy the violation (whichever is applicable).
10-Day Notice to Quit for Illegal Activities
A landlord can exercise a right to promptly terminate a tenancy and evict a tenant that engages in or commits any illegal activity on or near the premises.
The law primarily highlights the use, sale, manufacturing, and distribution of illegal drugs on a rental property as a major illegal activity that can warrant a prompt and irredeemable eviction.
In this case, the landlord can issue a 10-day eviction notice Pennsylvania for illegal activity – which is different from the usual 10-day eviction notice for failure to pay rent.
Eviction Notices without Cause
Pennsylvania eviction laws generally do not allow landlords to evict a legal tenant without cause. This helps ensure that tenants are protected from potential discrimination and negative acts from landlords.
Nonetheless, it is possible for a landlord to evict a legal tenant without cause. This is usually where either of the parties decides not to renew the lease agreement.
Where the landlord does not wish to renew the lease, the landlord may issue an eviction notice PA at the appropriate time before the end of the lease. However, the duration of the lease agreement will determine the type of PA eviction notice to serve upon the tenant.
The Pennsylvania eviction laws did not clearly state how much notice is required to end a month-to-month tenancy. However, the lease agreement may specify a notice requirement. And where it does, the landlord must obey it.
However, if there’s no specific provision for it in the lease agreement, the landlord can serve a 30-day eviction notice.
On the other hand, the landlord is not required to serve a Pennsylvania eviction notice for fixed-term tenancies, unless the lease agreement request for it.
Eviction Process in Pennsylvania: How to Evict a Tenant from Your Premises
Step 1: Landlord Issues an Eviction Notice
The first step to start an eviction process is to serve the tenant with a Pennsylvania eviction notice. The eviction notice has to clearly state the reason for the eviction.
The eviction notice must also indicate other necessary information such as the tenancy termination date, addres of rental, etc.
In Pennsylvania, to issue an eviction notice to a tenant, the landlord may use any of the following methods:
- The notice may be served directly or in person to the tenant.
- The notice may be left in a designated spot on the rental property e.g the mailbox
- The notice may be posted conspicuously on the leased property e.g the tenant’s doorstep.
- Delivery by email; where it has initially been agreed upon, the landlord may issue an eviction notice by email to the tenant.
Irrespective of the methods used in issuing an eviction notice, the landlord must secure a receipt or proof of serving the notice at all times.
This could be done by requesting the signature of the tenant on a separate copy of the notice. This way, the tenant would be stopped from claiming that no eviction notice was issued.
Step 2: Landlord Files an Eviction Lawsuit with the Court
If the eviction notice has passed, and the tenant still continues to owe rent, refuses to fix the violation, or leaves the rental unit (whichever is applicable), the landlord can proceed to file a lawsuit.
The landlord must file a Landlord/Tenant Complaint with the Pennsylvania Justice of the Peace Court.
The Landlord/Tenant Complaint must indicate the following:
- The names and addresses of both parties
- The address of the rental property
- The name of the county where the rental property is located.
- The magistrate district number and address, and the docket number
- Proof of payment of filing fees and service costs, with the date of payment
- The type and duration of the lease
- The agreed rent and security deposit amount
- The amount of any unpaid rent and/or damages to the rental property
- Proof of issuing the appropriate Pennsylvania eviction notice
- The landlord’s signature
Once the complaint fulfills the conditions above, it must be filed at the Justice of Peace Court which has jurisdiction over the area in which the property is located.
The landlord will also be required to pay the prescribed fees for filing. This may range from $84 to $140, depending on the claim amount.
Step 3: The Court Serves the Tenant the Summons and Complaint
After the landlord files a complaint, the court will issue a summons, attached to a copy of the complaint, and will be sent to the tenant.
The summons will instruct the tenant to compulsorily appear in court to reply to the complaint or risk judgment being ruled against him/her.
The summon is usually served on the tenant by the court’s sheriff, constable, writ server, or any person appointed by the court to serve processes.
In Pennsylvania, the tenant usually has between seven to ten days after the date of the summons to appear in court.
Summons and other court processes are served through any of the following methods:
- Personal service: The summons is delivered directly/in person to the tenant or left within close proximity in case of refusal.
- Posting: The summons is pasted on a conspicuous area on the rental property on the tenant’s doorstep.
- Mail service: Summons can also be served through a reputable mail service provider to the tenant’s last known address. However, receipt of service by mail must be acknowledged promptly, otherwise, a different service method should be used.
Whoever serves the summons must ensure that the service is done correctly, and also swear to an affidavit stating the method used in serving the tenant.
While the affidavit serves as proof of service, it is important to obtain the signature of the tenant on a separate proof of service document. Where a summons is not properly served, the court will have to serve the summons afresh.
Note that the tenant reserves the right to choose to appear and answer the complaint. However, if the tenant fails to appear, the court would carry out the hearing as though the tenant were present.
Step 4: Landlord and Tenant Attend Court Hearing and Receive Judgment
After a tenant has been summoned, there is a space of seven to ten days after the service of summons within which to appear in court. A date for hearing the eviction complaint shall be set after the issuance of the summons. On the hearing date or any adjourned date, the court shall hear the case; listening to both parties and assessing the evidence provided. – (68 Pa. Cons. Stat. Ann. § § 250.503)
During the trial, both parties will have to provide evidence to support their case before the court. The landlord may prove his case by providing copies of the lease agreement, proof of the cause for eviction, proof of serving the appropriate eviction notice, and also proof of filing a complaint after the eviction notice has elapsed with the tenant failing to vacate the premises, etc.
The tenant on the other hand may prove his/her case by showing that he/she has remedied a violation or paid the overdue rent. There are also certain defenses a tenant may raise (more information below).
According to 68 Pa. Cons. Stat. Ann. § § 250.503(a), if the court rules in favor of the landlord, judgment shall be given against the tenant. The judgment usually includes the following:
- An order that the rental property be given up to the landlord
- An order for payment of damages for unlawful possession of the property
- An order for payment of the overdue rent
Tenant Defenses and Legal Protections in Court
During an eviction process in Pennsylvania, a tenant can raise legal defenses against an eviction. These defenses are meant to protect the tenant’s rights, but they cannot be used exploitatively. For a defense to be raised successfully, it has to be genuine and also raised on time.
Where any of the tenants’ defenses are proven successfully, judgment may be given in favor of the tenant until the expiration of the lease. These legal defenses include:
- Self-help Eviction: Pennsylvania eviction laws strictly prohibit landlords from taking matters into their own hands. As such, self-help eviction acts such as blocking off access to the premises, shutting off utilities, or forcefully removing the tenant are prohibited. If the landlord acts in such a manner, the tenant can raise self-help eviction as a defense.
- Improper Notice: A Pennsylvania notice to vacate property is a fundamental part of the eviction process in Pennsylvania. Landlords must ensure that they issue the right eviction notice at the right time, and also wait for the eviction notice to elapse before filing any complaint in court. If a landlord serves the wrong eviction notice, serves the notice too early, or fails to state the reason for eviction in the notice, the tenant may raise the error as a defense. When such a defense is raised successfully, the landlord may have to start afresh by issuing an appropriate eviction notice.
- Retaliatory Eviction: Pennsylvania eviction laws prohibit retaliatory eviction. Retaliatory evictions happen when a landlord is offended by a legal act done by the tenant. For instance, a tenant complaining about utility failure or joining a tenants’ association is legal but may be offensive to a landlord. (68 Pa. Cons. Stat. Ann. § § 250.205). If the tenant can prove that the eviction is retaliatory, the complaint may fail.
- Waiver or Estoppel: Where a tenant pays the rent in full before the end of the notice period, the landlord cannot legally file an eviction complaint. Where the landlord also accepts part payment of the rent, he loses the right to file an eviction complaint for failure to pay rent.
- Violation of Warranty of Habitability: Pennsylvania eviction laws require that landlords are to adequately maintain a rental property such that it is habitable. Where a tenant takes the major responsibility of maintaining the property, he/she may raise it as a defense against eviction.
- Discrimination: It is illegal for a landlord to evict a tenant based on discriminatory grounds such as; race, sex, religion, marital status, and the like. Where a tenant can prove that the eviction is motivated by discrimination, the eviction complaint will fail.
Step 5: Court Issues Writ of Possession: Tenant Has 11 Days to Vacate Premises
After judgment is given in favor of the landlord, the landlord may request for a writ of possession. The court will issue a writ of possession five days after the delivery of judgment.
The writ of possession will be issued to the court’s sheriff, constable, or writ server, who will use it to deliver possession of the rental property to the landlord. The writ of possession would also be used to effect payment for damages, overdue rent, and litigation costs against the tenant.
Note that once the writ of possession is issued, it is to be served on the tenant within forty-eight (48) hours. The sheriff is to file a return to the court showing that the writ was properly served. This return is to be filed within ten days after receiving the writ from the court.
Once served, the tenant has 11 days before the writ would be executed – forcing the tenant out of the property.
The tenant may overturn the writ of possession by paying the overdue rent before the writ is executed. This only applies where the sole cause for eviction is failure to pay rent.
Step 6: Tenant Faces Forced Removal After 11-Day Deadline
When executing the writ of possession, the court sheriff must ensure that the tenant’s right to dignity is not trampled. The tenant has 11 days after being served the writ of possession to move out all personal properties. Failure to move out would lead to a forceful eviction.
In removing the tenant’s properties, the landlord is to give the tenant ten days to retrieve the said properties. A written notice for removal of personal property is to be issued by mail to the tenant.
The tenant may ask for an additional 30 days within which to retrieve their personal property.
Eviction Notice by States
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FAQs
Generally, it takes between 1 to 2 months to evict a tenant in Pennsylvania. This covers the eviction notice period, the timeframe for summons, hearing, issuance and execution of a writ of possession. It could extend up to 3 months to allow a tenant to retrieve personal properties off the rental property.
Generally, a landlord cannot evict a tenant in Pennsylvania without filing a complaint in court. However, a landlord may not have to go to court to evict a tenant based on a mutual agreement.
The cost of evicting a tenant in Pennsylvania ranges between $80 to $150. This depends on the claim (value of rent, arrears, or damages sought). Claims under $2000 cost around $84 while claims up to $12,000 cost around $140. The court will provide the appropriate estimate for any claim brought before it.
Yes, a landlord needs an attorney to smoothly and legally evict a tenant in Pennsylvania. This is essential in order to avoid costly eviction mistakes such as trampling on the tenant’s rights and errors in filing.
The eviction process in PA with no lease starts with serving the appropriate eviction notice to the tenant. After the eviction notice has elapsed, the landlord may file a complaint in court for recovery of possession. Then, the whole court process commences. If you’re wondering how does a 24 hour eviction notice work in PA, it is right to state that it majorly works when evicting a tenant for an illegal act perpetuated on the rental premises.
More information is available in this guide.
An illegal eviction in Pennsylvania is any eviction that is not recognized by Pennsylvania eviction laws. This includes evictions based on self-help, retaliation, discrimination, improper notice, violation of the warranty of habitability, and where eviction has been waived through part payment of rent.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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