Pennsylvania Eviction Protections for Tenants

A Pennsylvania landlord must give you a written notice to quit before filing for eviction, with 10 days for unpaid rent or 15 or 30 days for a lease violation or the end of your lease, unless your lease waives that notice. The landlord must then win in court, and only a court officer can remove you; outside Philadelphia, that cannot happen before the 11th day after a sheriff or constable serves you with an order for possession. You have 10 days after the judgment to appeal, and the appeal stops the eviction only if you deposit rent with the court and serve the appeal notice on the landlord and district judge. Philadelphia adds a required diversion program, good cause rules for leases under a year, and a right to a free lawyer for low-income tenants in 10 ZIP codes.

What notice must a Pennsylvania landlord give?

Section 501 of the Landlord and Tenant Act sets these minimum notice periods:

The landlord can hand the notice to you, leave it at the main building on the property, or post it where you will see it on the property. The Philadelphia Municipal Court measures these periods from the date you receive the notice.

Read your lease before counting days. The same section lets a lease shorten the notice or waive it entirely, and the Attorney General's office says waiver clauses are common. With a valid waiver, the landlord can file in court without any advance notice, but it still has to win the case before you can be removed. Pennsylvania lease rights explains how to spot a waiver clause before you sign, and how pay-or-quit notices work covers notices for unpaid rent in general.

How does an eviction case work in magisterial district court?

Outside Philadelphia, eviction cases are heard by a magisterial district judge, the local judge for the district where the property is located:

1. Filing and service. When the landlord files, the judge sets a hearing 7 to 15 days later. The court mails you a copy, and a sheriff or constable must also hand it to you or an adult in charge of the home if found and post it on the property, at least five days before the hearing. If neither can be found after diligent attempts, mailing and posting can complete service.
2. Your own claims. Any time before the hearing, you can file a cross-complaint (your own claim against the landlord) about problems arising from your tenancy, such as unmade repairs, as long as it is within the court's dollar limit. The judge hears both cases together. Pennsylvania habitability rights explains when unmade repairs reduce the rent you owe.
3. The hearing. The landlord must appear and testify, even if you do not come. The judge decides whether the notice to quit was given or validly waived, how much rent is owed, and what your monthly rent is, a figure that controls your deposits if you appeal. If you miss the hearing, the judge can rule on the landlord's testimony alone.
4. The judgment. The judge rules at the end of the hearing or within three days, and the court gives or mails both sides a written notice of judgment that explains how to appeal.

How do you appeal, and how much must you deposit?

You can appeal a judgment for possession to the county court of common pleas within 10 days after the judgment is entered by filing a notice of appeal, with a copy of the notice of judgment, at the prothonotary's office (the court's filing office). The appeal gets a new trial from the start. A tenant who is a victim of domestic violence has 30 days to appeal and can file a domestic violence affidavit with the district court to pause the eviction for up to 30 days after the judgment without posting money; once that tenant files the appeal, the deposit rules below apply.

Filing an appeal does not stop the eviction by itself. Under Rule 1005, serve a copy of the appeal notice on the landlord and district judge personally or by certified or registered mail, and file proof of service with the prothonotary within 10 days after filing the appeal. Follow local court rules if the court handles the mailing instead. To keep possession while the appeal is pending, the district judge must receive the notice, and you must make deposits with the prothonotary under Rule 1008:

• Standard deposit. When you file, deposit the lesser of three months' rent or the rent the judgment says you owe. Then deposit one month's rent within 30 days after the appeal and every 30 days after that.
• Low-income tenants. If you cannot afford the standard deposit and your household income is within the limits in the court's supplemental instructions, file the tenant's supersedeas affidavit, a sworn form saying so, along with an application to waive court fees. If you have not paid this month's rent, deposit one-third of a month's rent when you file and the other two-thirds within 20 days, then a full month's rent every 30 days. If you already paid this month's rent to the landlord, you deposit only the monthly rent, every 30 days from the date you file. Eligible Section 8 tenants who file the Section 8 Tenant's Supersedeas Affidavit base these deposits on their own rent share.

Example: your monthly rent is $1,200 and the judgment says you owe $3,000. Three months' rent is $3,600, so the standard deposit is the lower $3,000 when you file, then $1,200 every 30 days. Under the low-income affidavit, with this month unpaid, you would deposit $400 when you file and $800 within 20 days, then $1,200 every 30 days.

If you miss a deposit, the landlord can ask the prothonotary to end that protection, and the eviction can move forward while the appeal continues.

When can you be removed after a judgment?

Outside Philadelphia, if you do not appeal, the landlord can ask for an order for possession after the 10th day following the judgment, and no later than 120 days after it. A sheriff or constable must serve the order within 48 hours of receiving it, by handing it to you or an adult in the home or, if no one is there, by posting it, and the court mails you a copy. The order gives you 10 days to leave. On or after the 11th day following service, the officer can remove you, and an order that is not carried out within 60 days of issuance expires unless the landlord has it reissued.

Counting minimum periods for an unpaid-rent case with no appeal and no delays, removal comes about 40 days after a 10-day notice to quit: 10 days of notice, at least 7 days to the hearing, 10 days before the order can be requested, and 10 more days after it is served. If your lease waived the notice to quit, the same steps can take about four weeks.

You can stop an eviction that is based only on unpaid rent at any time before it is carried out by paying the officer the rent listed on the order plus court costs. Get a signed receipt, and make sure the landlord files a satisfaction of the judgment so your record shows it was paid. What happens after an eviction judgment covers your options in the days that follow.

The Attorney General's office notes that a landlord cannot change your locks or shut off utilities to force you out. If belongings are left behind after a lawful eviction, the landlord must notify you by first-class mail, and you have 10 days from the postmark to retrieve them or ask the landlord to store them for up to 30 days from that same postmark date at your cost.

What extra protections apply in Philadelphia?

Philadelphia eviction cases go to the Philadelphia Municipal Court, which has its own requirements:

• Eviction Diversion Program. Under Philadelphia Code section 9-811, a landlord must take part in good faith in the city's Eviction Diversion Program before filing. The landlord starts it by sending you a Notice of Diversion Rights and applying; you cannot apply yourself. Both sides must work toward an agreement for at least 30 days after the application is approved, with free mediation and city-funded housing counselors. Some cases qualify for rental assistance, and a landlord that accepts it agrees not to file for a set protection period after the months it covers. If you get the notice, attend every session; questions go to the Eviction Diversion Tenant Hotline at 215-523-9501.
• Good cause for short leases. For a lease shorter than one year, including month to month, a landlord needs a reason the city lists, such as habitual late or unpaid rent, a material lease violation, or the owner or an immediate family member moving in. The landlord must give at least 30 days' written notice stating the reason, or the lease renews month to month. You can challenge the notice with the Fair Housing Commission or in court within 15 business days of receiving it, and you must tell the landlord you are doing so. If the commission accepts your complaint before the landlord files for eviction, the Municipal Court must postpone the case so the commission can hold its hearings.
• Retaliation and lockouts. City law bars a landlord from raising your rent, cutting utilities, or trying to evict you to retaliate for a code complaint or for joining a tenant organization. If you are locked out, the Fair Housing Commission says to call 911, ask for a police supervisor, and show proof that you live there.
• Court process. If you are late or absent at the Municipal Court trial, a default judgment is entered against you; to reopen it, you must petition promptly and show a good reason for missing court and a valid defense. Mediators and a Lawyer of the Day program for income-eligible tenants are available on the trial day. After a judgment, a writ of possession can issue 10 days later, and the alias writ that the Philadelphia Sheriff's Office uses to carry out the lockout can issue 11 days after the writ, so removal comes at least 21 days after the hearing.
• Free lawyers. Low-income tenants in ZIP codes 19121, 19124, 19131, 19132, 19134, 19139, 19141, 19144, 19153, and 19154 have a right to free representation in eviction cases. Tenants anywhere in the city can call the Philly Tenant Hotline at 267-443-2500 for free legal help, preferably as soon as they have a court date.

For the stages that eviction cases share in every state, see how long the eviction process takes.