Evicting a tenant in Pennsylvania demands that you follow all the specific legal procedures. You must understand landlord-tenant laws in the state. This means you must know how much notice to give, meet deadlines, and navigate court procedures. Mistakes can lead to delays, legal issues, and financial losses.
This guide covers how to evict a tenant in Pennsylvania correctly to ensure you don’t make any crucial errors that will endanger your property.
Reasons for Eviction in Pennsylvania
As a landlord, you may serve an eviction notice to your tenant to end the tenancy before the end date if the tenant:
- Does not pay their rent
- Violates the terms of the rental agreement
- Takes part in illegal activity on the property
Depending on the severity of the breach of the rental contract, you may need to give more or less amount of notice to the tenant before evicting them.
If your tenant does not pay their rent on time, you can give them a notice to pay or quit the property. In Pennsylvania, the minimum amount of notice to give notice to a tenant who has not paid their rent is 10 days (§ 250.501).
Eviction Process in Pennsylvania
To properly file an eviction notice and lawsuit with the tenant and court, you’ll need to go through the necessary steps.
Review each part of the process below to understand what you need to do to remove your tenant.
1. Serving the Notice
You’ll generally need to follow the same process to evict a tenant no matter where you live in the state of Pennsylvania.
The eviction process in Pennsylvania begins with the landlord providing the tenant with a written notice. This can be done through personal delivery, posting on the property, or leaving it at the principal building. It's crucial to retain the original notice and a declaration of service as evidence if the matter escalates to court.
2. Filing a Lawsuit
If the tenant fails to comply with the notice, you will then file a complaint in court. The summons and complaint are then served to the tenant through personal delivery, mail, or posting at the rental unit.
3. Court Hearing and Judgment
If the judge rules in the landlord's favor, a writ of possession is issued. Tenants or landlords can appeal within 10 days of the ruling, except for victims of domestic violence, who have 30 days.
4. Issuing the Writ of Possession
A writ of possession is the final notice for tenants to vacate and is issued five days after the judgment. It is served or posted by a sheriff, constable, or writ server.
Tenants can halt the eviction by paying any of their past due rent and court-ordered fees before the writ's issuance.
5. Returning Possession of Property
As a last resort, if the tenant has still refused to pay or move out, you can file a forcible entry and detainer. If the detainer is approved, law enforcement may use necessary force to remove tenants.
Wrongful Evictions in Pennsylvania
To legally evict a tenant in Pennsylvania, you will need a valid reason. If you fail to provide the right amount of notice, your tenant may be able to stay on the property.
Review the different reasons for eviction below to make sure you know how much notice is necessary to evict.
- Late rent: Tenants late on rent must receive a 10-day notice to pay or vacate.
- No lease or short-term lease: A 15-day notice is required for tenants without a lease or those on leases of less than a year.
- Long-term lease: Tenants on leases over a year need a 30-day notice to vacate.
- Lease violations: For lease violations, tenants on short-term leases (less than a year) get 15 days to comply or vacate, while those on long-term leases (over a year) have 30 days.
- Illegal activity: Tenants involved in illegal activities are to be given a 10-day notice to vacate, with no option to rectify.
Wrongful eviction also includes any eviction where these specific notices are not properly served or when a landlord resorts to illegal methods such as changing locks, removing belongings, or cutting off utilities.
You can also not evict a tenant based on their race, gender, or religion.
Engaging in such practices can lead to legal action against you, for example, your lease may be then considered constructive eviction. That’s why it’s important to follow these guidelines to prevent the legal and financial consequences of wrongful evictions.
Timeline for Evictions in Pennsylvania
Depending on the circumstances an eviction case may take more or less time. However, typically the eviction process will be solved between 1 and 2 months.
Here is how each step of the process takes:
| Step | Amount of time |
|---|---|
| Serving the notice | 10–30 days |
| Filing a lawsuit | Around 3 days |
| Court hearing and judgment | Up to 10 days |
| Issuing the writ of possession | 1 week |
| Final notice | Up to 10 days |
FAQs About Eviction Process in Pennsylvania
-
Can a Landlord Evict Without a Court Order in Pennsylvania?
In Pennsylvania, a landlord cannot legally evict a tenant without a court order. The eviction process must adhere to specific legal procedures, which include serving the appropriate notice and then filing an eviction lawsuit in court if the tenant does not comply.
Only after a court has ruled in favor of the landlord and issued a writ of possession can the eviction be lawfully executed.
-
How Can I Get a Pennsylvania Eviction Notice?
There are several ways to get an eviction notice in Pennsylvania. You can take advantage of our Pennsylvania eviction notice form to quickly create a customized legal document and avoid large legal fees.
People also typically go to a lawyer to draft the document. However, this is usually a longer and more expensive process.
Evicting a tenant in Pennsylvania demands that you follow all the specific legal procedures. You must understand landlord-tenant laws in the state. This means you must know how much notice to give, meet deadlines, and navigate court procedures. Mistakes can lead to delays, legal issues, and financial losses.
This guide covers how to evict a tenant in Pennsylvania correctly to ensure you don’t make any crucial errors that will endanger your property.
Reasons for Eviction in Pennsylvania
As a landlord, you may serve an eviction notice to your tenant to end the tenancy before the end date if the tenant:
- Does not pay their rent
- Violates the terms of the rental agreement
- Takes part in illegal activity on the property
Depending on the severity of the breach of the rental contract, you may need to give more or less amount of notice to the tenant before evicting them.
If your tenant does not pay their rent on time, you can give them a notice to pay or quit the property. In Pennsylvania, the minimum amount of notice to give notice to a tenant who has not paid their rent is 10 days (§ 250.501).
Eviction Process in Pennsylvania
To properly file an eviction notice and lawsuit with the tenant and court, you’ll need to go through the necessary steps.
Review each part of the process below to understand what you need to do to remove your tenant.
1. Serving the Notice
You’ll generally need to follow the same process to evict a tenant no matter where you live in the state of Pennsylvania.
The eviction process in Pennsylvania begins with the landlord providing the tenant with a written notice. This can be done through personal delivery, posting on the property, or leaving it at the principal building. It's crucial to retain the original notice and a declaration of service as evidence if the matter escalates to court.
2. Filing a Lawsuit
If the tenant fails to comply with the notice, you will then file a complaint in court. The summons and complaint are then served to the tenant through personal delivery, mail, or posting at the rental unit.
3. Court Hearing and Judgment
If the judge rules in the landlord's favor, a writ of possession is issued. Tenants or landlords can appeal within 10 days of the ruling, except for victims of domestic violence, who have 30 days.
4. Issuing the Writ of Possession
A writ of possession is the final notice for tenants to vacate and is issued five days after the judgment. It is served or posted by a sheriff, constable, or writ server.
Tenants can halt the eviction by paying any of their past due rent and court-ordered fees before the writ's issuance.
5. Returning Possession of Property
As a last resort, if the tenant has still refused to pay or move out, you can file a forcible entry and detainer. If the detainer is approved, law enforcement may use necessary force to remove tenants.
Wrongful Evictions in Pennsylvania
To legally evict a tenant in Pennsylvania, you will need a valid reason. If you fail to provide the right amount of notice, your tenant may be able to stay on the property.
Review the different reasons for eviction below to make sure you know how much notice is necessary to evict.
- Late rent: Tenants late on rent must receive a 10-day notice to pay or vacate.
- No lease or short-term lease: A 15-day notice is required for tenants without a lease or those on leases of less than a year.
- Long-term lease: Tenants on leases over a year need a 30-day notice to vacate.
- Lease violations: For lease violations, tenants on short-term leases (less than a year) get 15 days to comply or vacate, while those on long-term leases (over a year) have 30 days.
- Illegal activity: Tenants involved in illegal activities are to be given a 10-day notice to vacate, with no option to rectify.
Wrongful eviction also includes any eviction where these specific notices are not properly served or when a landlord resorts to illegal methods such as changing locks, removing belongings, or cutting off utilities.
You can also not evict a tenant based on their race, gender, or religion.
Engaging in such practices can lead to legal action against you, for example, your lease may be then considered constructive eviction. That’s why it’s important to follow these guidelines to prevent the legal and financial consequences of wrongful evictions.
Timeline for Evictions in Pennsylvania
Depending on the circumstances an eviction case may take more or less time. However, typically the eviction process will be solved between 1 and 2 months.
Here is how each step of the process takes:
| Step | Amount of time |
|---|---|
| Serving the notice | 10–30 days |
| Filing a lawsuit | Around 3 days |
| Court hearing and judgment | Up to 10 days |
| Issuing the writ of possession | 1 week |
| Final notice | Up to 10 days |
FAQs About Eviction Process in Pennsylvania
-
Can a Landlord Evict Without a Court Order in Pennsylvania?
In Pennsylvania, a landlord cannot legally evict a tenant without a court order. The eviction process must adhere to specific legal procedures, which include serving the appropriate notice and then filing an eviction lawsuit in court if the tenant does not comply.
Only after a court has ruled in favor of the landlord and issued a writ of possession can the eviction be lawfully executed.
-
How Can I Get a Pennsylvania Eviction Notice?
There are several ways to get an eviction notice in Pennsylvania. You can take advantage of our Pennsylvania eviction notice form to quickly create a customized legal document and avoid large legal fees.
People also typically go to a lawyer to draft the document. However, this is usually a longer and more expensive process.
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