Eviction is the legal action whereby landlords can remove a tenant from a rental property. Also called "forcible entry and detainer" or "unlawful detainer," eviction is governed by many complex laws and processes. These laws protect tenants from being unfairly ousted from their homes without cause or due process, but navigating them can be tedious for landlords.
However, it's your right (and sometimes your responsibility) to remove tenants who aren't fulfilling their side of the lease agreement. Eviction makes this possible, and regardless of the size of your rental business, most landlords will have to initiate an eviction at some point or another.
If you own and rent properties in the state of Pennsylvania, you are responsible for complying with Pennsylvania eviction laws. In this article, we break down each step of the legal eviction process in Pennsylvania. Keep in mind that these laws are subject to change, and the summary we provide here might not be exhaustive. Be sure to supplement this with your own research and seek legal advice from an experienced real estate attorney with questions.
Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Pennsylvania's eviction laws can be found at 68 PA § 250.501-250.514.
Reasons for Eviction in Pennsylvania
According to Pennsylvania eviction laws, tenants can be evicted for failing to pay rent, violating the lease, or engaging in illegal drug activity on the premises.
1. Failure to pay rent
Nonpayment is the most common reason for eviction. When a tenant in Pennsylvania fails to pay their rent after any grace period that is specified in the lease, the landlord can initiate the eviction process by serving a 10-day notice. Here's what the Pennsylvania code says about eviction notices for nonpayment:
"In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall remove within ten days from the date of the service thereof" (68 PS § 250.501b).
2. Lease violations
Lease violations other than nonpayment are also common reason for eviction. Examples of lease violations include:
Unauthorized occupants or pets
Property damage
Excessive noise
Smoking in a non-smoking unit
Lying on rental application or forging income documents
If a tenant violates the lease ("breach of the conditions of the lease"), the landlord has the right to initiate eviction. However, the process varies slightly depending on whether that tenant had a year-long lease term or a shorter term. If the lease term is for more than one year, the eviction notice period is 30 days; if it is for one year or less (or for an "indeterminate" time), the notice period is 14 days (68 PS § 250.501b).
3. Illegal drug activity
Illegal drug activity is also a justifiable reason for eviction under Pennsylvania law. This is defined as either a violation of the Controlled Substance, Drug, Device, and Cosmetic Act or the seizure of illegal drugs from the rental unit by a police officer (68 PS § 250.505-A, 68 PS § 250.501(d)). In these cases, the eviction can be filed after 10 days with no opportunity for the tenant to correct the breach.
Step-by-Step Eviction Process in Pennsylvania
Landlord serves a ten- to 15-day eviction notice.
Landlord files an eviction lawsuit with the court.
Court serves tenant a summons.
Landlord and tenant attend court hearing and receive judgment.
Tenant gets eleven days to move out.
Sheriff returns to forcibly remove the tenant.
1. Landlord Serves a Ten- to 15-Day Eviction Notice
If any of the above lease violations occur, the Pennsylvania landlords must first serve an eviction notice in Pennsylvania and state that the tenant has the appropriate number of days to remedy or cure the violation. There are three possible eviction notices a landlord may send in Pennsylvania:
Rent Demand Notice: 10 days to pay or quit. If rent is unpaid when due, the landlord must deliver this notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than ten days after receipt of the notice) (68 PS § 250.501b).
Lease Violation Notice: 15 days to cure or quit (for tenancies one year or less); 30 days to cure or quit (for tenancies longer than one year). If a tenant violates a lease term, the landlord must deliver this notice stating the breach and what is required to remedy it, as well as the date on which the lease will terminate if the tenant does not cure the breach (not less than either 15 or 30 days after receipt of the notice, depending on the length of the tenancy) (68 PS § 250.501b).
Unconditional Notice to Quit: 10 days to quit. An unconditional notice to quit in PA applies if a tenant engages in any of the below illegal drug activities on the premises. The landlord may terminate the rental agreement after giving ten days’ notice (no opportunity to cure is required):
First conviction for an illegal sale, manufacture, or distribution of any drug in violation of The Controlled Substance, Drug, Device, and Cosmetic Act
For all evictions, Pennsylvania landlords may recover actual damages and reasonable attorney’s fees.
2. Landlord Files an Eviction Lawsuit with the Court
The next step in the Pennsylvania eviction process is filing a complaint in court. If the tenant has not cured the breach by the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord can then file a Landlord/Tenant Complaint (downloadable here) with the Pennsylvania Justice of the Peace Court (68 PS § 250.502(a)).
The Landlord/Tenant Complaint will include:
The names and addresses of both parties
The name of the county, magistrate district number and address, and the docket number
All filing and service costs, with the date they were paid
The type of lease
The monthly rent and security deposit amount
The amount of any unpaid rent and/or damages to the rental property
The address of the rental property
A verification that the notice to quit was properly served, if applicable
The landlord’s signature
The landlord will also be required to pay a filing fee at this time, as per Pennsylvania eviction laws.
3. Court Serves Tenant a Summons
After the Landlord/Tenant Complaint is filed, the court will issue a summons that demands the tenant’s presence in court between seven and ten days later. The summons must be directed to a writ server, constable, or sheriff of the county, who will serve the summons with a copy of the complaint to the tenant. The summons may be served via:
Personal delivery
Mail
Posting the summons conspicuously on the leased premises
Sheriffs in each county charge a different fee for service of court summons. For instance, the sheriff’s service fee is $71 per tenant in Montgomery County.
4. Landlord and Tenant Attend Court Hearing and Receive Judgment
On the day of the eviction hearing, Pennsylvania landlords should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the justice of the peace, who will afterwards issue a judgment. If the landlord wins, a judgment will be issued for their repossession of the property, any damages to the property, and any unpaid rent (68 PS § 250.503(a)).
After five days have passed since the judgment was entered, the justice of the peace may also issue a writ of possession at the landlord's request. The writ authorizes the tenant’s removal from the rental property. It will be directed to a writ server, constable, or sheriff and command them to return possession of the property to the landlord. The sheriff or server will then serve the writ either by personal delivery or by posting the writ conspicuously on the premises. The writ must be served within 48 hours after it is requested (68 PS § 250.503(b)).
Either party may appeal the judgment to the court of common pleas within ten days after the judgment was issued (this period is lengthened to 30 days for nonresidential tenants or residential leases involving a victim of domestic violence). If the tenant appeals, they will need to deposit a sum equal to the rent due into a special escrow account. The tenant remains responsible for rent as it becomes due during the appeal (68 PS § 250.513).
5. Tenant Gets Eleven Days to Move Out
After the writ has been served, the tenant gets eleven days to vacate the premises. If the eviction was solely based on nonpayment of rent, the tenant may still pay their overdue rent to void the writ and stop the eviction. The tenant may do so up until the writ of possession is executed (68 PS § 250.503(b-c)).
6. Sheriff Returns to Forcibly Remove the Tenant
If the tenant does not move out or pay their overdue rent, the sheriff will return to execute the writ on the eleventh day following service. The sheriff will forcibly remove the tenant and restore possession of the property to the landlord (68 PS § 250.503(b-c)).
The sheriff or writ server is also required to “make return” of the writ (verify that it was served properly) to the justice of the peace within ten days after receiving it. The return will show the date, time, place, and manner of service; state that the tenant paid their overdue rent if they did so, and the details of any forcible entry and ejectment if it was necessary. It will also state the expenses and fees for the removal that the landlord will be responsible for (or that the tenant will cover) (68 PS § 250.504).
Storage Rules
Tenants are required to remove all personal property from the premises after being evicted. If they do not, the landlord is required to provide the tenant ten days to retrieve their property and send written notice by first class mail to the tenant of this fact. The tenant is also allowed to ask for an additional 30 days to pick up their belongings and must be informed of their right to do so (68 PS 250.505a(d,e)).
During the ten- or 30-day notice period, the landlord may choose where to store the tenant’s belongings. The tenant is ultimately responsible for the costs of removal and storage and should pay these costs when retrieving their property. The landlord must exercise “ordinary care” in handling and storing the belongings and make them reasonable available (68 PS 250.505a(d)).
Evicting a Squatter in Pennsylvania
A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. Squatters in Pennsylvania must have lived in the property for 21 continuous years to invoke squatters rights in Pennsylvania and claim right of possession (42 PS § 5530). Their possession must also be:
Hostile/Adverse—The squatter must not have a valid lease with the owner
Actual—The squatter must be actively residing on the property
Open and Notorious—The squatter is openly and obviously living there.
Exclusive—The squatter does not share possession of the property with anyone else.
Continuous—The squatter must hold continuous and uninterrupted possession.
While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Pennsylvania to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Pennsylvania, you should:
Call local law enforcement.
Determine whether the person is a trespasser or a squatter.
If the person is a trespasser, they can be removed immediately by a police officer.
If the person is a squatter, you must contact the sheriff’s office.
Send the squatter an eviction notice as per Pennsylvania eviction law.
If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.
How Much Does an Eviction Cost in Pennsylvania?
This chart shows estimates of the approximate cost of the eviction process in Pennsylvania, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.
Action
Approximate Cost
Filing fee
Claims $2K or less: $84 Claims between $2K and $4K: $102.50 Claims between $4K and $12K: $140
Service of court summons
Varies by county
Service of writ of possession
Varies by county
Legal fees
$500-$10,000
Average locksmith fees
$160
Storage fees for abandoned property
Varies
Tenant turnover costs
Varies
How Long Does an Eviction Take in Pennsylvania?
The chart below shows an estimate of the duration of each part of the Pennsylvania eviction process timeline. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.
Action
Duration
Eviction notice period
10-15 days
Eviction hearing
7-10 days after issuance of summons
Issuance of writ of restitution
5 days after judgment was entered
Service of writ of restitution
Within 48 hours after request is made
Appeal period
10 or 30 days
Time to quit after writ is posted
11 days
Storage period
10-30 days
Total
1-2 months
Eviction Tips for Landlords
The best-case scenario for evictions is that they don't occur at all. Below are some best practices for avoiding evictions in your rental properties.
Use plain-language lease agreements written in clear, simple language and include specific rules, so tenants understand exactly what could lead to a lease violation.
Schedule routine property inspections to catch and address any issues or violations early on.
Offer a short grace period for rent payments to accommodate minor delays—life happens, even to the most dependable tenants.
Let tenants know they should contact you if something’s going wrong. If you’re aware of a potential issue—like a job change—you can plan ahead and avoid stress on both sides.
Stay open to conversations when issues pop up. Before starting the eviction process, see if there’s a way to resolve things—like adjusting payment terms, modifying lease details, or formalizing an unauthorized occupant.
If eviction is necessary, here are a few tips to help you streamline this process as much as possible.
Follow all court procedures and deadlines closely. Missing a step could delay your case or force you to start from scratch.
Avoid accepting partial rent payments during the eviction process unless the court specifically allows it. In some states, doing so could jeopardize your case.
Maintain thorough documentation at every stage. This includes rent payment history, photos or video evidence of damage, notes on lease violations, neighbor statements, and all court-related paperwork.
Consider using property management software. Tools that automatically log rent payments and flag missed ones make it easy to pull up accurate records if you need to present them in court.
Bring in a real estate attorney to handle the legal details and represent you in court. Someone who specializes in evictions will be familiar with state laws and can help move things along smoothly.
Conclusion
The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Pennsylvania laws on eviction, you can feel more confident pursuing an eviction in this state.
FAQs
How much notice does a landlord have to give before filing for eviction in Pennsylvania?
It depends on the reason. For nonpayment of rent, landlords in Pennsylvania usually must give 10 days’ notice. For lease violations or ending a lease, it’s typically 14 or 30 days, depending on the length of the tenancy.
Can a landlord evict a tenant without going to court?
No. Pennsylvania requires landlords to go through the court system to evict a tenant. Lockouts and other forms of self-help eviction are illegal.
How long does the eviction process take in Pennsylvania?
The process can take about one to two months, depending on how quickly notices are served, whether the tenant contests the case, and how backlogged the local court is.
What happens after a landlord wins the eviction case?
After the writ of restitution is served, the tenant usually has at least 11 days to leave the property voluntarily.
What if a tenant leaves belongings behind after being evicted?
Landlords must provide tenants 10 days to claim their property after an eviction. Landlords should send written notice by first class mail to the tenant of this fact. The tenant is also allowed to ask for an additional 30 days to pick up their belongings and must be informed of their right to do so (68 PS 250.505a(d,e)).
