Eviction in Pennsylvania:

This description of the Pennsylvania Eviction Process addresses the way that a private landlord would evict a tenant. If you are a landlord of subsidized housing or Section 8, your eviction process may be different.

Pennsylvania Eviction Laws

The eviction process in Pennsylvania is governed by the Pennsylvania Landlord Tenant Act of 1951. A landlord in Pennsylvania can evict a tenant for (1) failing to pay the rent, for (2) violating terms in the lease, or (3) simply because the lease term is up and the landlord does not want to renew.

Failure to Pay Rent

If a landlord in Pennsylvania needs to evict a tenant for failure to pay the rent when due, the landlord must serve the tenant with a 10 Day Notice to Quit form. This gives the tenant 10 days to move out of the rental property unless they pay the rent.

Lease Violation

If a landlord in Pennsylvania needs to evict a tenant for a breach of the conditions of the lease (unauthorized pets, criminal activity, damaging property, etc.), the landlord needs to serve the tenant with a 15 Day Notice to Quit Form. HOWEVER, if the lease with the tenant is for more than one year, the landlord needs to serve the tenant with a 30 Day Notice to Quit Form.

Lease Term is Up

If the lease term is nearing the end, and the landlord does not want to renew the lease (either because they do not like the tenant, they want to sell the property, etc.), the landlord needs to serve the tenant with a 15 Day Notice to Quit Form for leases that are for a term less than a year, and a 30 Day Notice to Quit Form for leases that are more than a year.

Mobile Home Parks

If a Pennsylvania landlord needs to evict a tenant from a mobile home park, the time periods are different. For Notice to Quit forms served for non-payment of rent on or after April 1st and before September 1st, the landlord must give the tenant a 15 Day Notice to Quit form to pay rent or vacate. For Notice to Quit forms served for non-payment of rent on or after September 1st and before April 1st, the landlord must give the tenant a 30 Day Notice to Quit form to pay rent or vacate. To evict a mobile home tenant because the lease term is up or for breach of a lease agreement (lease violation), the landlord must give a 30 Day Notice to Quit form for lease terms of less than a year, and 3 Months Notice to Quit form for lease terms of a year or more.

Proper Service

In order to properly deliver the Notice to Quit, the landlord must either personally hand it to the tenant, leave it at the principal building on the premises, or post it conspicuously on the lease premises. This website always recommends taking a photograph of the delivery method, in case it has to be proved later in court.

Filing a Pennsylvania Eviction Complaint

If after the Pennsylvania landlord serves the notice and the tenant still has not complied or moved out, then the landlord needs to file a Complaint with the Justice of the Peace for the district where the property sits. The Justice of the Peace will issue a Summons, which will be served upon the tenant by either a constable, sheriff, or process server. A hearing will be set 1 to 2 weeks after the filing of the complaint by the landlord. At the hearing, each side will be able to present their case to the judge. The landlord needs to show the lease (if there is one), the eviction notice that was properly served on the tenant, and any other evidence that the court requires. The judge has the power to award the landlord possession of the premises, money damages, and unpaid rent.

Writ of Possession

If the judge rules in favor of the landlord, the tenant will have 5 days to vacate. After the 5th day, the judge can issue a Writ of Possession ordering the Sheriff to go to the premises and forcibly remove the tenant.

Tenant can Appeal

It is also important to note that the tenant may appeal the judgment within ten days of losing the eviction hearing, but to stop removal by the sheriff the tenant must deposit rent into an escrow account with the prothonotary at the county courthouse.

General Eviction Process Tips

When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.