Pennsylvania Eviction Notice

A Pennsylvania eviction notice is a legal document used by landlords to inform tenants of their lease violations and to initiate the eviction process. Furthermore, this notice provides tenants with the opportunity to rectify the issue within a specified timeframe or vacate the premises. Additionally, the eviction process in Pennsylvania is governed by specific laws that dictate the types of notices required based on the reason for eviction.

Types of Pennsylvania Eviction Notices

In Pennsylvania, landlords must issue the appropriate eviction notice depending on the grounds for eviction. Moreover, understanding these distinctions helps ensure proper legal compliance throughout the eviction process.

Short-Term Notices (10 Days)

10-Day Notice to Quit (Non-Payment)

Purpose: Issued when a tenant fails to pay rent. Therefore, this notice addresses the most common eviction scenario in rental properties. Legal Reference: 68 P.S. § 250.501(b) governs this notice type. Notice Period: Ten days to pay rent or vacate the premises.

10-Day Notice to Quit (Illegal Drugs)

Purpose: Issued for tenants involved in illegal drug activity. Consequently, this notice addresses serious criminal violations that pose risks to the property and other residents. Legal Reference: 68 P.S. § 250.501(d) & § 505-A provide the legal framework. Notice Period: Ten days to vacate without opportunity for correction.

Standard Notices (15 Days)

15-Day Notice to Comply or Vacate

Purpose: Issued for lease violations in tenancies of one year or less. Additionally, this notice provides tenants with reasonable time to address correctable violations. Legal Reference: 68 P.S. § 250.501(b) establishes these requirements. Notice Period: Fifteen days to correct the violation or vacate the premises.

15-Day Notice to Vacate

Purpose: To terminate a lease with a term of one year or less. Therefore, this notice covers lease terminations for shorter-term agreements. Legal Reference: 68 P.S. § 250.501(b) governs these terminations. Notice Period: Fifteen days before termination takes effect.

Long-Term Notices (30 Days)

30-Day Notice to Comply or Vacate

Purpose: Issued for lease violations in tenancies of more than one year. Moreover, this extended timeframe reflects the longer-term nature of these rental relationships. Legal Reference: 68 P.S. § 250.501(b) provides the statutory foundation. Notice Period: Thirty days to correct the violation or vacate the premises.

30-Day Notice to Vacate

Purpose: To terminate a lease with a term of more than one year. Furthermore, this notice provides adequate time for tenants in longer-term agreements to find alternative housing. Legal Reference: 68 P.S. § 250.501(b) establishes these requirements. Notice Period: Thirty days before termination becomes effective.

Grounds for Eviction

Landlords in Pennsylvania can evict tenants for several reasons, each requiring specific notice procedures. Additionally, understanding these grounds helps ensure proper legal compliance throughout the eviction process.

Common Eviction Grounds

Pennsylvania law recognizes several valid reasons for eviction proceedings:

Nonpayment of Rent: Failure to pay rent on time. Therefore, this represents the most frequent cause of eviction actions.

Lease Violations: Breaching terms of the lease agreement. Moreover, these violations can range from minor infractions to serious breaches.

Illegal Activity: Engaging in illegal activities on the premises. Consequently, this ground allows landlords to address criminal behavior that threatens property safety.

Termination of Lease: Ending a periodic tenancy or after lease expiration. Furthermore, this provides a clear path for concluding rental relationships.

Serving an Eviction Notice

Landlords must serve eviction notices to tenants in a legally acceptable manner. Additionally, proper service ensures that tenants receive adequate legal notice of the proceedings.

Acceptable Service Methods

Pennsylvania law allows landlords to use several approved methods for notice delivery:

Direct Service

Hand Delivery: Delivering the notice directly to the tenant. Therefore, this method provides immediate confirmation of service.

Alternative Service Methods

Posting: Placing the notice in a conspicuous location on the premises. However, this method should ensure the notice is visible to the tenant.

Leaving at Principal Building: Leaving the notice at the main building on the property. Consequently, this option works when direct service is not possible.

Eviction Process Steps

The Pennsylvania eviction process involves several sequential steps that landlords must follow precisely. Furthermore, each step builds upon the previous one to create a comprehensive legal framework.

Initial Notice Phase

Step 1: Provide Notice to Tenant

Landlords must provide the appropriate eviction notice, allowing the tenant time to rectify the issue or vacate the property. Additionally, this initial step establishes the legal foundation for potential court proceedings.

Court Filing Phase

Step 2: File Complaint with Court

If the tenant does not respond to the eviction notice, the landlord can file a complaint in the local Magisterial District Court. Moreover, filing fees typically range from $94 to $161.50, depending on the jurisdiction.

Legal Proceedings Phase

Step 3: Attend Hearing

Both the landlord and tenant will have the opportunity to present their case at a court hearing. Subsequently, if the landlord prevails, they may request an Order of Possession from the court.

Enforcement Phase

Step 4: Issue an Order of Possession

If the court rules in favor of the landlord, they can obtain an Order of Possession, allowing law enforcement to remove the tenant if necessary. Therefore, this final step ensures compliance with the court’s decision through official enforcement mechanisms.

Important Legal Considerations

Understanding key legal requirements helps landlords navigate the eviction process successfully. Furthermore, these considerations protect both landlords and tenants throughout the legal proceedings.

Key Legal Requirements

Grace Period Rules

No Grace Period: Pennsylvania law does not require a grace period for rent payment. Therefore, landlords can begin eviction proceedings immediately when rent becomes overdue.

Tenant Rights

Pay and Stay: Tenants have the right to pay all overdue rent and court costs during the eviction hearing to avoid eviction. Additionally, this provision provides tenants with a final opportunity to resolve payment issues.

Legal Process Protection

Tenant Protection: Tenants must be given proper notice and cannot be forcibly evicted without following the legal process. Consequently, this ensures due process rights are protected throughout eviction proceedings.

Statutes

68 Pa. Stat. § 250.511a – Escrow funds limited
68 Pa. Stat. § 250.512 – Recovery of improperly held escrow funds
68 Pa. Stat. § 250.511b(b) – Interest on escrow funds held more than two years
68 Pa. Stat. § 250.511b – Interest on escrow funds held more than two years
68 Pa. Stat. § 250.206 – Statement of escrowed funds
68 Pa. Stat. § 250.501(b) – Notice to quit
68 Pa. Stat. § 250.205 – Participation in tenants’ association
42 Pa. C.S. § 1123 – Jurisdiction and venue
68 Pa. Stat. § 399.6 – Delivery and contents of first discontinuance notice to tenants
Pa. Stat. Ann. tit. 68 § 250.101 – Short title
Philadelphia Code 9-804 – Domestic Violence
Pa. Stat. Ann. tit. 68 § 250.502-A – Landlord’s duties

FAQs

A Pennsylvania eviction notice is a legal document used by landlords to inform tenants of lease violations or nonpayment of rent. It provides tenants with a specified time frame to rectify the issue or vacate the premises, depending on the type of notice issued.

In Pennsylvania, there are several types of eviction notices, including the 10-Day Notice to Quit for nonpayment of rent, the 15-Day Notice to Comply or Vacate for lease violations under one year, and the 30-Day Notice to Comply or Vacate for lease violations over one year. Each notice has specific requirements and time frames.

A tenant has 10 days to either pay the overdue rent or vacate the property after receiving a 10-Day Notice to Quit for nonpayment of rent in Pennsylvania.

After serving an eviction notice, if the tenant does not comply, the landlord can file an eviction lawsuit in the local court. The landlord must attend a court hearing where both parties can present their case, and if the landlord wins, they can request an Order of Possession to enforce the eviction.

No, a landlord must provide a legally compliant eviction notice before initiating any eviction proceedings in Pennsylvania. This notice gives the tenant an opportunity to address the issue or vacate the premises.

If a tenant does not respond to an eviction notice within the specified time frame, the landlord can proceed to file an eviction lawsuit in court. If the court rules in favor of the landlord, they can obtain an Order of Possession to have the tenant forcibly removed.

In Pennsylvania, an eviction notice must be served in writing and can be delivered personally to the tenant or posted on the premises. It must clearly state the reason for the eviction and the time frame the tenant has to comply.

A curable lease violation allows the tenant a chance to correct the issue within a specified time frame, such as a 15-Day Notice to Comply. An incurable violation, such as illegal activity, requires the tenant to vacate the property immediately, as it cannot be remedied.