Hiring an Eviction Lawyer in Pennsylvania: What Landlords Should Expect

Pennsylvania evictions run under the Landlord and Tenant Act of 1951 and are heard by Magisterial District Judges everywhere except Philadelphia, where the Municipal Court handles them. Outside the city the process is quick and inexpensive: a ten-day notice, a hearing seven to fifteen days after filing, a ten-day appeal window and a constable lockout on or after the eleventh day after the order for possession is served. Philadelphia layers its own requirements on top, including a mandatory Eviction Diversion Program before filing and lockouts performed only by the Sheriff. The two halves of the state read very differently, and that shapes what a Pennsylvania eviction lawyer does for you.

What a Pennsylvania landlord attorney actually does

• Chooses and serves the notice to quit. Under 68 P.S. § 250.501 that is ten days for nonpayment, fifteen days for a breach or end of term on a lease of one year or less, and thirty days on a longer lease. The attorney also checks whether your lease waives notice, which many form leases do.
• Uses a valid service method. The statute allows personal service, leaving the notice at the principal building, or conspicuous posting. Mailing is not one of the statutory methods.
• Files the Landlord/Tenant Complaint with the Magisterial District Judge for the district where the property sits.
• Appears and testifies. A magisterial district judge may not enter a default judgment in a possession case, so you must appear even if the tenant does not.
• Handles the aftermath. That includes the appeal window, the request for an Order for Possession within 120 days of judgment, the constable or sheriff, and the notice about property the tenant leaves behind.
• In Philadelphia, manages the prerequisites: the Rental License, the Certificate of Rental Suitability, the handbook and the Eviction Diversion Program.

What it costs in Pennsylvania

Most Pennsylvania landlord attorneys handle an uncontested case for a flat fee, and contested cases are usually billed hourly. The guide gives only the court side: outside Philadelphia, court costs are set by statute and run roughly $85 to $175 plus the constable or sheriff's service fee, and you should ask the district court for the current total. In Philadelphia, confirm the current filing and service fees with the Municipal Court. Ask each firm whether its flat fee covers an appeal to the Court of Common Pleas, which is a separate stage.

The mistakes Pennsylvania lawyers are hired to prevent

• Skipping the notice when the lease does not waive it, or serving it by mail only.
• Failing to appear at the hearing, which can lead to a continuance or a dismissal without prejudice.
• Accepting rent after the notice, a defense tenants commonly raise along with defective notice, retaliation and the implied warranty of habitability.
• Requesting the Order for Possession too early or too late, or letting it go stale. An order cannot be executed more than 60 days after it issues.
• Disposing of the tenant's property without written first class notice. The tenant has ten days from the postmark to retrieve it or ask for storage, and a landlord who disposes of it improperly is liable for treble damages and attorney fees.
• In Philadelphia, filing without a current license or without completing the diversion program.
• Self-help lockouts and utility shutoffs, which are unlawful.

When to bring in an attorney

Outside Philadelphia many landlords file their own nonpayment cases before the district judge. The guide says to use counsel in Philadelphia, where the licensing, diversion and right-to-counsel rules make self-representation risky, for any appeal to Common Pleas, for breach cases, when an unnamed occupant asks to intervene as a tenant, and for subsidized housing. In Philadelphia, a tenant at or below 200 percent of the federal poverty level in the designated zip codes may be represented by free counsel, so you may face a lawyer on the other side.

Questions to ask before you hire

Ask whether the firm appears before magisterial district judges in your county or in Philadelphia Municipal Court, and how long its cases are taking. Ask whether the flat fee covers the hearing, the Order for Possession and the lockout. Ask how the firm handles the Eviction Diversion Program if you are in Philadelphia. And ask whether your county has adopted a mediation rule for landlord-tenant cases.

Where to start

Read the Pennsylvania eviction process guide for the full sequence and timeline, then look at the Pennsylvania eviction attorneys listed here. Firms are organized by city, and you can contact them from any listing. Nothing on this page is legal advice; check the current statutes and your court's requirements before you act.