Eviction Law in Pennsylvania
When a renter breaks the rules, dodges payments, or damages your property, it doesn’t take long for frustration to set in. As a landlord, you have the right to protect your investment—but Pennsylvania law makes it clear: you must follow proper eviction steps, or risk having your case dismissed entirely.
This guide walks you through the Pennsylvania eviction process step by step. If you need help connecting with a local landlord-tenant attorney, we can help with that too.
What Is an Eviction?
An eviction is the legal process a landlord uses to remove a tenant who has either failed to pay rent or violated the terms of their lease. While that sounds straightforward, Pennsylvania’s landlord-tenant laws are designed to protect renters.
In many cases, serving an eviction notice doesn’t mean the tenant is immediately removed. Often, it’s used as a final warning—giving the renter one last chance to pay overdue rent or fix a lease violation. If they comply, the eviction process may stop there.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a Pennsylvania tenant repeatedly fails to pay rent on time—or has stopped paying altogether—it can be grounds for eviction. While some states mandate a brief grace period for late payments, Pennsylvania does not. Unless your lease explicitly includes a grace period, landlords in Pennsylvania are free to take action as soon as rent is overdue.
According to the Pennsylvania Landlord Regulations, there is no automatic protection for tenants who miss rent payments. Any leniency must be written into the lease agreement. Without it, landlords can move quickly to begin the eviction process by serving a notice to quit or demanding payment, depending on the terms of the lease.
Before you take that step, however, it’s smart to document each missed payment. Sending written “late rent” notices and keeping dated copies for your records strengthens your case if you have to appear in court. Paper trails matter—especially when you need to show that you’ve acted reasonably and allowed the tenant to comply.
The Tenant Violates the Terms or Conditions of the Lease Agreement
When a tenant signs a lease in Pennsylvania, they’re entering into a legally binding agreement. If they breach that contract—by subletting without permission, harboring unauthorized occupants, or keeping prohibited pets—you may have grounds for eviction. The key is whether the lease clearly outlines the rule and whether you can show that it was broken.
The lease binds you, too. As a landlord, you’re expected to meet your obligations under the agreement, including making necessary repairs and maintaining safe living conditions. Violating those terms could undermine your case, especially if your tenant tries to argue that your breach prompted their behavior.
The Tenant Damages the Property
Not all property damage is treated the same under Pennsylvania law. Ordinary wear and tear is expected—things like worn carpet or a loose cabinet handle won’t justify an eviction. But if your tenant is punching holes in the walls or destroying fixtures, that crosses the line into neglect or abuse of the premises.
Intentional or severe damage may warrant eviction, particularly if the tenant refuses to pay for repairs or causes recurring harm. That said, if the tenant promptly repairs the issue without altering the property further, it may not rise to the level of a lease violation. Evidence and documentation will help clarify the situation in court.
The Tenant Uses the Property for Illegal Purposes
Using your rental property in Pennsylvania for illegal activity—such as drug distribution, illegal gambling, or weapon trafficking—can justify immediate eviction. You also must report such activity, as allowing it to continue could expose you to liability.
However, suspicion alone isn’t enough. You need documentation or police reports to back your claim. If law enforcement has visited the property or made arrests, that information can support your eviction case. Keep records of everything and consult an attorney before moving forward.
How to Evict a Tenant in Pennsylvania
Step 1. Check Your Local Laws
Eviction law in Pennsylvania comes with specific rules, and the process can differ depending on where your rental property is located. Before you issue a notice to vacate, you’ll want to be sure your reason aligns with legal requirements. Mistakes in timing, paperwork, or notice delivery could delay your case or even result in dismissal.
According to Pennsylvania Law Help, landlords can typically pursue eviction for one of three reasons: unpaid rent, a breach of the lease terms, or the end of a lease term when the landlord no longer wants to renew. Each of these grounds has its notice requirements, and in some cases, a tenant may still have time to fix the issue before the eviction proceeds.
Step 2. Give a Formal Notice of Eviction
When a tenant repeatedly violates the lease and informal conversations have gone nowhere, it’s time to issue a formal notice of eviction. This written notice serves as your final warning and should clearly outline how the tenant has breached the lease. It must also explain what they need to do to correct the issue.
Your eviction notice should be specific and include important details like the total amount due, a firm deadline for payment or move-out, and the potential consequences of ignoring the notice.
Under the Pennsylvania Landlord/Tenant Act of 1951, landlords must give proper written notice before filing for eviction. The law allows 10 days for tenants to cure nonpayment of rent and 15 days for violations of the lease agreement.
Step 3. File the Eviction with the Court
Once the notice period ends and the tenant hasn’t corrected the issue, the next step is to formally file an eviction complaint. In Pennsylvania, this filing must happen through the local Magisterial District Court. After you file, the court will set a hearing date and issue a summons to the tenant. This summons lets the tenant know when and where the hearing will take place, giving both sides a chance to present their case.
Make sure your court filing includes all required documentation and that it’s submitted promptly. Any errors or delays at this stage could postpone the entire process. If you’re unsure about the correct court or paperwork, contacting a local landlord-tenant attorney can save you time and headaches.
Step 4. Contact an Experienced Pennsylvania Eviction Attorney and Prepare for the Hearing
It’s a smart move to speak with a Pennsylvania eviction attorney before the hearing. An experienced lawyer can help organize your case, ensure your paperwork is in order, and represent your interests in court. This becomes especially important if the tenant chooses to contest the eviction.
Bring strong documentation to the hearing to support your claim, such as:
- A copy of the signed lease agreement
- Payment history or rent ledger
- Copies of bounced or returned checks
- Emails, text messages, or written correspondence with the tenant
- A dated copy of the eviction notice
- Proof that the notice was properly delivered to the tenant
Step 5. Evict the Tenant
If the court rules in your favor, your tenant will be given a short period to move out—typically between 48 hours and one week, depending on local Pennsylvania court procedures. If they don’t leave voluntarily within that time, you’ll need to request a writ of possession from the court.
Step 6. Collect Past-Due Rent Payments
Winning an eviction case doesn’t automatically guarantee that you’ll recover unpaid rent. If the tenant leaves without paying what they owe, you may need to pursue collection through legal means. Fortunately, Pennsylvania law allows landlords to use several options to recover outstanding rent balances.
Here are a few common methods:
- Hiring a licensed debt collection agency
- Garnishing the tenant’s state or federal tax refunds
- Seeking a wage garnishment through the court system
- Filing a separate case in small claims court for the amount due
Work with an Experienced Eviction Attorney in Pennsylvania
Tenants in Pennsylvania often try to delay or challenge an eviction by claiming that the landlord didn’t follow proper notice procedures. That’s why every step must be by the book. A knowledgeable Pennsylvania eviction attorney can make sure you’re complying with state law while helping you avoid costly delays or mistakes.
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Pennsylvania attorney on your side can take the pressure off your back, and help ensure a court victory. We can even help you connect with an attorney across Pennsylvania state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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