🏛️ Courthouse Information and Locations for Pennsylvania
Pennsylvania Eviction Laws: Notice Requirements, Process, and Timelines
Pennsylvania handles evictions through Magisterial District Court (or Philadelphia Municipal Court in Philadelphia) using proceedings governed by the Pennsylvania Landlord and Tenant Act of 1951 (68 P.S. §§ 250.101–250.602). Pennsylvania is known for its relatively fast eviction timelines and landlord-friendly features, including the ability for leases to shorten or waive notice requirements entirely. The state also features a “pay and stay” provision that allows tenants to stop nonpayment evictions by paying in full before the lockout. Below you’ll find everything landlords need to know.
Pennsylvania Eviction Laws
Comprehensive guide to Pennsylvania's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Magisterial District Court (MDJ) / Philadelphia Municipal Court.
⚡ Quick Overview
💰 Nonpayment of Rent
Lease can SHORTEN or WAIVE notice requirements - always check lease first. 10-day notice is the default but lease may allow less. Tenant can pay all rent before writ execution to stop eviction. MDJ judgment can include both possession and money. Appeal to Court of Common Pleas results in trial de novo. Philadelphia has Eviction Diversion Program (mandatory since 2022 for nonpayment).
📋 Lease Violation
Notice period depends on lease length: 15 days for lease of 1 year or less (or indeterminate/month-to-month); 30 days for lease over 1 year. Lease can shorten or waive notice. 10-day unconditional quit for illegal drug activity. No cure right - notice to quit means vacate.
📬 Service of Process
Email or mail alone NOT sufficient for Notice to Quit. Mail can be backup to lawful service. Certified mail with return receipt signed by tenant may be accepted. Philadelphia may have additional local service rules.
🏛️ Court & Legal Information
Philadelphia Municipal Court backlogs significant - Eviction Diversion Program adds time but reduces filings. Rural MDJ courts much faster. Appeal to Court of Common Pleas adds months for trial de novo.
⚖️ Appeals & Post-Judgment
Constable or sheriff executes Order for Possession. Tenant locked out and locks changed. Only constable/sheriff can execute. Illegal for landlord to self-help evict.
📦 Tenant Property & Abandonment
Landlord must notify tenant in writing about abandoned property. Tenant has 10 days from postmark to claim. Tenant can request up to 30 days to retrieve. If no response within 10 days, landlord may dispose. (68 PS §250.505a)
🏦 Security Deposits
First year: max 2 months rent. Second year+: max 1 month rent. After 5 years: cannot increase deposit. Deposits over $100 must be in escrow at state/federal institution. After 2 years: must be in interest-bearing account. Return within 30 days with itemized deductions. Double deposit penalty for failure to comply.
💵 Late Fees
No state statute on late fees or grace periods. Left to lease terms. Philadelphia may have local restrictions.
🛡️ Tenant Protections
Pennsylvania prohibits local rent control ordinances (53 PS §304). Philadelphia has some emergency provisions but no general rent control.
🏙️ Local Overrides & City-Specific Rules
Philadelphia Eviction Diversion Program (mandatory for nonpayment since 2022) - landlord must participate in mediation before filing. Philadelphia also requires rental license/Certificate of Rental Suitability. Pittsburgh has some local tenant protections.
Underground Landlord📝 Pennsylvania Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Magisterial District Court (MDJ) / Philadelphia Municipal Court. Pay the filing fee (~$60-150).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Pennsylvania
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified Pennsylvania attorney for specific legal guidance.
Governing Law and Court System
Pennsylvania evictions are governed by:
- 68 P.S. §§ 250.101-250.602: Landlord and Tenant Act of 1951
- Pa.R.C.P.M.D.J. Rules 501-521: Magisterial District Judge Rules
Courts:
- Magisterial District Court: Most evictions statewide (simplified, faster process)
- Philadelphia Municipal Court: Evictions in Philadelphia County
- Court of Common Pleas: Complex cases, appeals, or cases without landlord-tenant relationship (ejectment)
Filing fees: $60-$150 depending on county and whether seeking rent in addition to possession. Sheriff/constable service fees vary by county (e.g., $71 per tenant in Montgomery County).
Self-Help Eviction Prohibited
Self-help evictions are strictly prohibited in Pennsylvania. Landlords cannot:
- Change or padlock the locks
- Shut off utilities
- Use physical force to remove tenant
- Remove tenant’s belongings
Pennsylvania courts have consistently held that landlords must use the formal court process—self-help methods can result in lawsuits, fines, and reversal of eviction.
Legal Grounds for Eviction
Landlords may evict for:
- Nonpayment of rent
- Lease or rental agreement violations
- End of lease term (holdover)
- Illegal drug activity on premises
Notice Requirements by Violation Type
Critical: Pennsylvania law allows written leases to shorten or completely waive notice requirements. Always check the lease first. The statutory periods below are defaults that apply when the lease does not modify them.
Nonpayment of Rent: 10-Day Notice to Quit
If rent is unpaid when due:
- Serve 10-day written notice
- Notice must state: amount of rent due, payment location/method, deadline to move out
- Tenant can pay rent OR move out within 10 days
- If tenant pays, eviction stops
- If tenant doesn’t pay or move, landlord can file complaint
(68 P.S. § 250.501(b))
Lease Violations (1 Year or Less): 15-Day Notice to Quit
For tenancies of one year or less, or month-to-month (indeterminate term):
- Serve 15-day notice
- Notice must state the specific violation and deadline to move out
- Unlike nonpayment, tenant’s only option is to vacate (no cure right by default)
(68 P.S. § 250.501(b))
Lease Violations (Over 1 Year): 30-Day Notice to Quit
For tenancies longer than one year:
- Serve 30-day notice
- Notice must state the specific violation and deadline to move out
(68 P.S. § 250.501(b))
End of Lease Term: 15-Day or 30-Day Notice
When lease is expiring and landlord doesn’t want to renew:
- 15 days for leases of 1 year or less
- 30 days for leases over 1 year
Month-to-Month Tenancy Termination: 15-Day Notice
Either party can terminate with 15-day notice at end of any rental period.
Illegal Drug Activity: 10-Day Unconditional Notice
For drug-related activity on premises (conviction or seizure by police):
- Serve 10-day unconditional notice to quit
- No cure option—tenant must move
- Notice may be waived in some drug cases
- Can be filed directly in Court of Common Pleas
(68 P.S. § 250.505-A, 68 P.S. § 250.501(d))
Service of Notice to Quit
Pennsylvania law provides three methods for valid service:
- Personal delivery: Hand directly to tenant
- Leave at property: Leave at the main/principal building on the property
- Conspicuous posting: Post in a visible location on the leased premises
Important: Regular mail alone is not valid service for the Notice to Quit. Certified mail with signed return receipt, or text/email with proof of actual receipt, may be accepted as evidence of delivery, but should be used as backup to statutory methods.
Take timestamped photos and keep a service log (date, time, method, who served).
Filing the Eviction Complaint
After the notice period expires with no cure or move-out:
- File Landlord and Tenant Complaint at the Magisterial District Court where property is located
- Pay filing fees ($60-$150)
- Complaint must state: notice was given per law or lease, grounds for eviction, rent owed (if applicable)
Required documents to bring:
- Lease agreement
- Notice to Quit with proof of service
- Rent ledger showing amounts due
- Evidence of violations (photos, communications, etc.)
Service of Summons
After filing, the court issues a summons that must be served by:
- Sheriff
- Constable
- Certified writ server
Service must be completed at least 5 days before the hearing.
Hearing Timeline
Hearings are scheduled 7-15 days after the complaint is filed—one of the faster timelines in the country.
At the hearing, the Magisterial District Judge will determine:
- Whether proper notice was given
- Monthly rent amount under the lease
- Amount of past-due rent
- Any damages to property
- Security deposit amount (if damage claimed)
The judge issues a Notice of Judgment either at the hearing or within 3 days.
Types of Judgment
The Notice of Judgment has two parts:
1. Money Judgment
Amount of rent and/or damages owed, plus court costs.
2. Judgment for Possession
Two possible outcomes:
“Possession Granted” (unconditional):
- Tenant must move out
- Paying the money judgment does NOT stop eviction
- Tenant must appeal to stay
“Possession Granted if Money Judgment Not Satisfied” (Pay and Stay):
- This is Pennsylvania’s “pay and stay” provision
- Tenant can avoid eviction by paying in full (including court costs) before lockout
- If paid within 10 days, landlord cannot request Order for Possession
- Can pay up until actual physical eviction in nonpayment cases
Order for Possession
If tenant doesn’t pay, move out, or appeal within 10 days:
- Landlord can request Order for Possession starting on day 11 after judgment
- Must file within 120 days of judgment
- Order is served by constable or sheriff
- Tenant has 10 additional days from service to vacate
Timeline math: Earliest possible eviction is 21 days after judgment (10-day appeal period + 11 days on Order for Possession).
Writ of Possession (Philadelphia)
In Philadelphia, after the Order for Possession expires:
- Landlord files for Writ of Possession (available 5+ days after judgment)
- Writ must be served within 48 hours of request
- Gives tenant 11 days to vacate
- If tenant doesn’t leave, landlord files for Alias Writ of Possession
- Alias Writ results in immediate physical removal
- Service fees: $250 for Alias Writ
Physical Eviction
The constable or sheriff will:
- Arrive at scheduled time
- Physically remove tenant if still present
- Padlock the door
- Return possession to landlord
Note: In nonpayment cases, tenant can still pay in full (including court costs) to the constable at the time of eviction—but must pay in cash. The constable will not accept a check.
Appeal Process
Either party can appeal to Court of Common Pleas:
- 10 days for residential tenants
- 30 days for commercial tenants or domestic violence victims
Supersedeas (stay of eviction):
- Tenant must file appeal AND file for supersedeas to stop eviction
- Must deposit bond equal to lesser of: 3 months’ rent OR actual rent in arrears
- Must continue paying monthly rent into escrow every 30 days during appeal
- Low-income exception: May only need to pay 1/3 of monthly rent as initial bond
If tenant fails to maintain supersedeas payments, landlord can terminate the stay and proceed with eviction.
Warning: Appeals to Court of Common Pleas are complex and may go to compulsory arbitration. The process can take 6+ months. Hiring an attorney is strongly recommended.
Abandoned Property
After eviction, landlord must handle tenant’s belongings:
- Send written notice by first-class mail
- Give tenant 10 days to contact landlord and claim property
- If tenant requests storage within 10 days, landlord must store for 30 days total
- After storage period expires, landlord can dispose of or sell property
(68 P.S. § 250.505a)
Mobile Home Park Special Rules
Different notice periods apply under the Mobile Home Rights Act (68 P.S. § 398.1+):
- 20 days for nonpayment (April 1 – August 31)
- 30 days for nonpayment (September 1 – March 31)
Tenant Defenses
- Improper notice: Wrong notice type, insufficient time, or improper service
- Lease waiver not valid: Lease language waiving notice wasn’t clear or conspicuous
- Payment: Rent was paid
- Habitability: Landlord failed to maintain safe/habitable premises
- Retaliation: Eviction in response to tenant exercising legal rights
- Discrimination: Eviction based on protected class
Typical Timeline (Uncontested Nonpayment)
- Notice period: 10 days
- Filing to hearing: 7-15 days
- Appeal period: 10 days
- Order for Possession: 10 days to vacate
- Total minimum: ~4-5 weeks
- With appeal: 6+ months
Best Practices for Pennsylvania Landlords
- Check lease first: Notice requirements may be shortened or waived
- Use correct notice type (10/15/30 days) based on grounds and tenancy length
- Serve notice properly—posting or personal delivery; mail alone is insufficient
- Keep timestamped photos and service log
- File complaint promptly after notice expires
- Bring all documentation to hearing: lease, notice, proof of service, rent ledger
- File Order for Possession on day 11 after judgment—don’t miss 120-day deadline
- For nonpayment, be prepared for “pay and stay”—tenant can pay up until lockout
- If tenant appeals, consider hiring attorney immediately
- Never attempt self-help eviction
- Handle abandoned property per statutory requirements
Quick Reference: Pennsylvania Eviction Rules
- Nonpayment: 10-day notice
- Lease violations (≤1 year): 15-day notice
- Lease violations (>1 year): 30-day notice
- End of term (≤1 year): 15-day notice
- End of term (>1 year): 30-day notice
- Month-to-month termination: 15-day notice
- Illegal drugs: 10-day unconditional notice
- Lease can shorten or waive notice: Yes
- Hearing: 7-15 days after filing
- Appeal period: 10 days (residential), 30 days (commercial/DV)
- Order for Possession: File day 11-120 after judgment
- Order for Possession: 10 days to vacate
- Pay and stay: Yes (nonpayment cases, until lockout)
- Filing fees: $60-$150
- Abandoned property notice: 10 days to claim, 30 days storage if requested
- Security deposit return: 30 days
- Governing law: 68 P.S. §§ 250.101-250.602
Bottom line: Pennsylvania offers one of the faster eviction processes in the country, with hearings scheduled within 7-15 days of filing. The ability for leases to modify or waive notice requirements gives landlords flexibility, but they must still follow proper procedures. The “pay and stay” provision allows tenants in nonpayment cases to stop eviction by paying in full at any point before the actual lockout—even on the day of eviction. Appeals can significantly extend timelines and require attorney involvement. Never attempt self-help eviction; Pennsylvania courts strictly enforce the requirement to go through proper legal channels.