Outline of the Eviction Process in Pennsylvania

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: 68 P.S. § 250.501 to § 250.513 (Landlord and Tenant Act); Pa. R.C.P. Mag. Dist. J. No. 501 to 582 (Magisterial District Court Rules).

2. Notice to Quit

• Written notice served:
  • Non-payment: 10-day notice to pay or vacate.
  • Lease violation: 15-day notice to vacate (30-day for tenancies over 1 year; no cure unless lease allows).
  • Month-to-month: 15-day notice (30-day for tenancies over 1 year).
  • No-fault/end of lease: 15-day notice (30-day for tenancies over 1 year).
  • Illegal activity or holdover: 10-day notice (15/30-day based on tenancy length).
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 10 days) or fixing violation (if lease permits).

3. Filing the Eviction Case

• File Landlord-Tenant Complaint (Form AOPC 310A) in Magisterial District Court; Common Pleas Court for complex cases.
• Documents: Complaint, Notice to Quit, lease, proof of service, non-military affidavit.
• Fee: ~$50–$150 (varies by county).
• Timing: After notice period expires (e.g., 11th day for 10-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 7 days before hearing.
• Methods: Personal delivery, left with resident (age 18+), or posted and mailed.
• Tenant must appear at hearing; no written Answer required.

5. Court Hearing

• Held 7–15 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Order for Possession if landlord wins (11 days to vacate).
• Appeal: 10 days to Court of Common Pleas (requires bond).
• Writ of Possession issued: ~11–15 days post-judgment (if tenant doesn’t vacate); sheriff or constable serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff or constable removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: 68 P.S. § 250.503.

8. Tenant Protections

• Rights:
  • Cure violations (10 days for rent, lease-dependent for others), defenses (retaliation, discrimination, limited habitability).
  • Philadelphia right-to-counsel for low-income tenants.
  • No self-help evictions (landlord penalties include damages or reinstatement).
• Resources:
  • Philadelphia Legal Assistance (215-981-3800), palegalaid.net, pacourts.us.

Notes

• Disclaimer: General guide; consult a lawyer. Local protections may apply.
• Sources: 68 P.S. § 250.501 to § 250.513; Pa. R.C.P. Mag. Dist. J. No. 501 to 582; pacourts.us; palegalaid.net.