Eviction Process in PA (Pennsylvania): A Landlord's Guide

Evictions can be a complex and stressful process for both landlords and tenants. While Pennsylvania's eviction laws vary slightly by county, the overall process follows a consistent framework.

Key steps include:

• Sending a written notice
• Filing a complaint
• Serving documents
• Attending a court hearing
• Awaiting judgment

Proactively maintaining a positive landlord-tenant relationship can often prevent disputes from escalating. Clear communication, well-structured lease agreements, and mutual understanding are vital tools to address issues without resorting to legal action.

However, when eviction becomes necessary, it is crucial to follow Pennsylvania's legal requirements carefully to avoid delays or complications.

This guide provides landlords with a comprehensive overview of the eviction process in Pennsylvania, detailing the legal grounds for eviction, step-by-step procedures, and important tenant rights.

Whether you’re new to managing properties or navigating a unique situation, this resource is designed to help you understand and effectively manage the eviction process. For county-specific nuances or legal advice, consider consulting a qualified attorney.

Grounds for Eviction in Pennsylvania

Understanding the specific grounds for eviction is critical for landlords to ensure compliance with Pennsylvania law. These are the primary reasons a tenant can be evicted in the state:

Failure to Pay Rent
Non-payment of rent is the most common reason for eviction in Pennsylvania. Key points include:

• Rent is considered late starting the day after it is due, unless otherwise stated in the lease agreement.
• Landlords must provide a 10-Day Notice to Quit, giving tenants 10 days to pay the overdue rent or vacate the property. A Notice to Quit is a formal written notification from a landlord to a tenant, indicating that the tenant must either rectify a lease violation (such as non-payment of rent) or vacate the rental property within a specified period. This notice is the initial step in the eviction process.
• If the tenant does not pay within this timeframe, the landlord can proceed with filing an eviction complaint.

Violation of the Written Lease or Rental Agreement
Breach of lease terms, such as property damage, excessive noise, or unauthorized occupants, can result in eviction. Additional considerations:

• For tenants who have lived in the property for less than one year, landlords must issue a 15-Day Notice to Quit.
• For tenants with more than one year of residency, a 30-Day Notice to Quit is required.
• Illegal activities, such as violations of the Controlled Substances Act, may lead to eviction with a 10-Day Notice to Quit.
  • Examples of illegal activity include:
    • Violating the Controlled Substances Act of 1972 for the second time.
    • Law enforcement seizing drugs from the tenant’s rental unit.
    • Involvement in the creation, distribution, or consumption of controlled substances.‍

Non-Renewal of Lease After the Rental Period Ends
Tenants who remain on the property after their lease term ends without the landlord’s consent can be evicted. Notice periods for non-renewal depend on the tenant's residency:

• 15-Day Notice to Quit for tenants with less than one year of residency.
• 30-Day Notice to Quit for tenants with more than one year of residency.

Pennsylvania law does not allow landlords to evict tenants without good cause. However, once the lease period has ended, landlords are not required to renew the lease and may proceed with eviction if the tenant overstays their term.

For your own Pennsylvania lease agreement, visit DoorLoop's Forms Page to download a template along with many other forms.

General Notice Requirements

Landlords must comply with Pennsylvania’s notice requirements, ensuring that:

• Notices clearly outline the tenant’s violation and the timeframe to address it or vacate the property.
• Notices are served before filing a complaint in court.
• If a lease specifies that no notice is required, the landlord may proceed directly to filing a complaint.

By understanding and adhering to these grounds and notice requirements, landlords can ensure a legally compliant eviction process.

Special Cases in Eviction: Addressing Squatters

While traditional eviction laws apply to tenants with formal agreements, Act 88 of 2024 introduced significant changes to address the issue of squatters in Pennsylvania. Squatters, individuals who occupy a property without ever having been tenants do not have the same legal protections as tenants.

Under Act 88, effective September 15, 2024:

• Property owners can remove squatters without adhering to traditional eviction notice requirements.
• The law streamlines the process, ensuring that squatters cannot exploit tenant protections to delay removal.

For landlords dealing with squatters, this legislation provides an expedited pathway to reclaim their property. It’s important to consult legal counsel to ensure proper compliance when invoking this law.

The Eviction Process in Pennsylvania

Once a landlord identifies valid grounds for eviction, they must follow a step-by-step legal process to ensure compliance with Pennsylvania law.

Serve the Tenant with an Eviction Notice

The eviction process begins with serving the appropriate notice to the tenant. The type of notice depends on the reason for eviction and the lease agreement:

• 10-Day Notice to Quit: Used for non-payment of rent or illegal activities.
• 15-Day Notice to Quit: Required for tenants with less than one year of residency when evicting for lease violations or non-renewal.
• 30-Day Notice to Quit: Applies to tenants with more than one year of residency for lease violations or non-renewal.

Key requirements for serving a notice include:

• Serving the notice in person or via certified mail with return receipt requested.
• Clearly stating the reason for eviction, the violation, and the deadline for compliance or vacating the property.

If the tenant resolves the issue within the notice period, the eviction process ends here. Otherwise, the landlord can proceed to the next step.

File a Complaint in Court

If the tenant does not comply with the eviction notice, the landlord can file a complaint with the appropriate court. This process involves:

• Filing the complaint at the Magisterial District Court or Court of Common Pleas where the rental property is located.
• Including all relevant details, such as the reason for eviction, amount of rent owed, and supporting documentation.
• Paying the required court filing fees.

After the complaint is filed, the court issues a summons for the tenant, which must be served by a sheriff, constable, or other authorized party.

The Court Hearing and Judgment

The eviction hearing is scheduled after the complaint is served. During the hearing:

• The landlord must present evidence supporting the eviction (e.g., proof of unpaid rent, lease violations, or illegal activities).
• Tenants have the right to present their defense.

The Magisterial District Judge makes a ruling based on the evidence presented. If the landlord wins, the tenant is ordered to vacate the property. Tenants can appeal the judgment within 10 days.

Once the complaint is filed, the court issues a summons to the tenant, which must be served by a sheriff, constable, or another authorized process server.

The Eviction Hearing

Once the eviction complaint has been filed and served, the case proceeds to a court hearing. This step is crucial as it determines whether the landlord’s request for eviction is legally justified.

Attending the Eviction Hearing

Both landlords and tenants have the right to present their case during the eviction hearing. To prepare, landlords should bring:

• A copy of the lease or rental agreement.
• Evidence of the tenant’s violation, such as:
  • Proof of non-payment of rent (e.g., payment records or bank statements).
  • Documentation of lease violations (e.g., photos, videos, or witness statements).
  • Records of communication, including notices and reminders sent to the tenant.

The Magisterial District Judge will hear both sides, review the evidence, and consider any applicable defenses the tenant may present.

Receiving a Judgment

After reviewing the case, the judge will issue a judgment. If the court rules in favor of the landlord:

• The judgment will include an order for the tenant to vacate the property.
• The tenant may be ordered to pay any unpaid rent or damages, as applicable.

Tenants have the right to appeal the decision within 10 days. If no appeal is filed, the landlord may proceed to request a Writ of Possession.

A Writ of Possession is a court order issued after a landlord wins an eviction lawsuit, authorizing law enforcement to remove a tenant and return possession of the property to the landlord. This writ is typically enforced by a sheriff or constable.

Post-Judgment Process

If the court rules in favor of the landlord and the tenant does not file an appeal, the eviction moves to the post-judgment phase. This step involves obtaining legal authorization to reclaim the property and ensuring compliance with Pennsylvania law.

Obtaining a Writ of Possession

If the tenant fails to vacate the property within the timeline specified in the court order, the landlord can request a Writ of Possession. This legal document allows the landlord to regain possession of the rental unit. Key points include:

• The Writ of Possession is issued by the court upon the landlord’s request.
• The landlord must wait 11 days after the writ is served before taking further action.

Enforcing the Writ of Possession

A sheriff or constable is responsible for enforcing the Writ of Possession. They will:

• Serve the tenant with the writ, informing them of the final deadline to vacate.
• Oversee the removal of the tenant if they fail to comply.

Tenant Belongings

If the tenant leaves belongings behind, Pennsylvania law may require the landlord to:

• Store the tenant’s property at their own expense for a specified period.
• Allow the tenant to retrieve their belongings within that timeframe.

Landlords should familiarize themselves with local requirements to avoid legal complications during this stage.

Tenant Rights and Protections

Pennsylvania law provides tenants with several rights and protections during the eviction process. These rights ensure fair treatment and help prevent unlawful eviction practices.

Rights as a Tenant in Pennsylvania

Tenants are entitled to the following:

• A Written Lease Agreement: The lease must clearly outline the terms and conditions of the rental arrangement.
• A Safe and Habitable Living Environment: Landlords are required to maintain the property to meet health and safety standards.
• Proper Notice Before Eviction: Tenants must receive appropriate notice, as specified by Pennsylvania law, before any eviction proceedings can begin.
• The Right to a Court Hearing: Tenants can present their case during the eviction hearing and defend against claims made by the landlord.

Protections Against Illegal Evictions

Pennsylvania law mandates that landlords adhere to formal legal procedures when evicting tenants. Any attempt to bypass the court process, known as a self-help eviction, is strictly prohibited. Examples of illegal eviction actions include:

• Changing locks without a court order.
• Removing the tenant’s belongings.
• Shutting off utilities, such as water or electricity.

Tenants who experience illegal eviction can take legal action. Pennsylvania law allows tenants to:

• Sue landlords for damages and court costs.
• Request an injunction to stop further illegal actions.
• Remain in the rental property until the legal eviction process is complete.

Landlords who attempt illegal evictions may face penalties, including court costs, tenant damages, and attorney fees.

Protection Against Discrimination and Retaliation

Tenants are also protected against discrimination and retaliatory actions by landlords. These include:

• Evicting a tenant based on protected characteristics such as race, religion, gender, disability, or family status, which violates the Fair Housing Act.
• Retaliating against a tenant for exercising their legal rights, such as reporting code violations or joining a tenant union.

Eviction Costs and Time Estimates

Understanding the potential costs and timelines associated with eviction can help landlords plan and avoid unnecessary delays.

Pennsylvania Eviction Cost Estimates

The cost of an eviction in Pennsylvania can vary depending on factors like court fees, legal representation, and the complexity of the case. On average, landlords can expect to spend between $1,000 and $2,000 on the eviction process. Costs may include:

• Filing fees for court documents.
• Service fees for delivering notices or complaints.
• Attorney fees, if legal representation is required.
• Additional expenses, such as storage costs for tenant belongings.

Timeline for Evictions

The time it takes to complete an eviction in Pennsylvania depends on the circumstances and how promptly each step is handled. Below is an average timeline for each phase of the eviction process:

<table style="width:100%"><tr><th>Step</th><th>Average Timeline</th></tr><tr><td>Issuing an Official Notice</td><td>10-30 days</td></tr><tr><td>Filing and Serving the Complaint</td><td>A few days to weeks</td></tr><tr><td>Court Hearing and Judgment</td><td>7-10 days</td></tr><tr><td>Obtaining a Writ of Possession</td><td>5-11 days</td></tr><tr><td>Final Possession of Property</td><td>10 days</td></tr></table>

Landlords should account for possible delays, such as tenant appeals or court backlogs, which can extend the process. Proper preparation and documentation can help streamline the timeline and reduce unexpected costs.

Current Legislative Trends Affecting Landlords

Keeping up with recent legislative changes is crucial for landlords to stay compliant and adapt to new regulations. Here are some of the key updates shaping Pennsylvania’s rental market:

Proposed Rent Increase Regulations

Recent legislative efforts aim to introduce caps on rent increases to protect tenants from significant price hikes. While not yet enacted, one proposal suggests:

• Limiting rent increases for existing tenants to 10% annually.
• Requiring landlords to provide at least 90 days’ written notice before implementing a rent increase.

These proposals indicate a growing legislative trend toward regulating rental pricing and protecting tenants from financial strain. Monitoring these developments can help landlords adjust their practices proactively.

Security Deposit Law Reforms

Amendments to Pennsylvania’s security deposit laws have enhanced transparency and accountability in landlord-tenant relationships. Key changes include:

• Clear limits on the amounts landlords can collect as security deposits.
• Specified timelines for returning deposits after a tenant vacates.
• A requirement for landlords to provide tenants with a detailed list of any deductions made from their security deposit.

These reforms aim to protect tenant rights while promoting fair rental practices. Landlords should review their lease agreements and policies to ensure compliance.

Expansion of the Property Tax/Rent Rebate Program

The expanded Property Tax/Rent Rebate (PTRR) program, introduced in 2023, continues to benefit renters and homeowners. Changes include:

• Increasing the standard rebate amount.
• Raising income eligibility to $45,000 for both renters and homeowners.

This expansion is especially beneficial for seniors and low-income households, potentially impacting tenants’ financial planning and housing decisions. Landlords may want to familiarize themselves with the program to better understand how it could affect their tenant base.

Download the Landlord’s Guide to Eviction Laws Whitepaper

‍Conclusion

Navigating the eviction process in Pennsylvania requires a clear understanding of legal requirements, proper documentation, and adherence to established timelines. By following the steps outlined in this guide, landlords can ensure a smooth and legally compliant eviction process while respecting tenant rights.

Key takeaways include:

• Understanding the grounds for eviction and providing the appropriate notice.
• Preparing thorough documentation, including lease agreements and evidence of tenant violations.
• Following legal procedures through the court system to avoid delays or penalties.

For complex cases or county-specific nuances, consulting a legal professional or property management expert is highly recommended. Proper preparation and a clear understanding of the law can save time, reduce costs, and minimize stress for all parties involved.

Sources

• Pennsylvania Eviction Process: For detailed information on the eviction process, including grounds, steps, and timelines, refer to iPropertyManagement's guide.
• Act 88 – Addressing Squatters' Rights: For insights into Act 88, which clarifies squatters' legal rights in Pennsylvania, consult KingSpry's article.
• Proposed Rent Increase Regulations: For information on proposed legislation aiming to protect renters from unfair price hikes, see the report by 6abc.
• Expansion of the Property Tax/Rent Rebate Program: For details on the expansion of the Property Tax/Rent Rebate (PTRR) program under Act 7.
• Tenant Rights and Protections: For information on tenants' rights during the eviction process in Pennsylvania, refer to the Equal Housing Rights Association's guide.
• Overview of Landlord-Tenant Laws in Pennsylvania: This resource offers a comprehensive overview of key landlord-tenant laws in Pennsylvania, including required disclosures, security deposit regulations, and termination rules.