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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. This notice provides tenants with the opportunity to rectify the issue within a specified timeframe or vacate the premises. The eviction process in Pennsylvania is governed by specific laws that dictate the types of notices required based on the reason for eviction.

Pennsylvania Eviction Notice

Pennsylvania Eviction Notice

Types of Pennsylvania Eviction Notices

In Pennsylvania, landlords must issue the appropriate eviction notice depending on the grounds for eviction. The main types of eviction notices include:

10-Day Notice to Quit (Non-Payment)

  • Purpose: Issued when a tenant fails to pay rent.
  • Legal Reference: 68 P.S. § 250.501(b).
  • Notice Period: Ten days to pay rent or vacate.

10-Day Notice to Quit (Illegal Drugs)

  • Purpose: Issued for tenants involved in illegal drug activity.
  • Legal Reference: 68 P.S. § 250.501(d) & § 505-A.
  • Notice Period: Ten days to vacate.

15-Day Notice to Comply or Vacate

  • Purpose: Issued for lease violations in tenancies of one year or less.
  • Legal Reference: 68 P.S. § 250.501(b).
  • Notice Period: Fifteen days to correct the violation or vacate.

30-Day Notice to Comply or Vacate

  • Purpose: Issued for lease violations in tenancies of more than one year.
  • Legal Reference: 68 P.S. § 250.501(b).
  • Notice Period: Thirty days to correct the violation or vacate.

15-Day Notice to Vacate

  • Purpose: To terminate a lease with a term of one year or less.
  • Legal Reference: 68 P.S. § 250.501(b).
  • Notice Period: Fifteen days before termination.

30-Day Notice to Vacate

  • Purpose: To terminate a lease with a term of more than one year.
  • Legal Reference: 68 P.S. § 250.501(b).
  • Notice Period: Thirty days before termination.

Grounds for Eviction

Landlords in Pennsylvania can evict tenants for several reasons, including:

  • Nonpayment of Rent: Failure to pay rent on time.
  • Lease Violations: Breaching terms of the lease agreement.
  • Illegal Activity: Engaging in illegal activities on the premises.
  • Termination of Lease: Ending a periodic tenancy or after lease expiration.

Serving an Eviction Notice

Landlords must serve eviction notices to tenants in a legally acceptable manner. The permissible methods include:

  1. Hand Delivery: Delivering the notice directly to the tenant.
  2. Posting: Placing the notice in a conspicuous location on the premises.
  3. Leaving at Principal Building: Leaving the notice at the main building on the property.

Eviction Process Steps

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.

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. Filing fees typically range from $94 to $161.50.

Step 3: Attend Hearing

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

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.

  • No Grace Period: Pennsylvania law does not require a grace period for rent payment.
  • Pay and Stay: Tenants have the right to pay all overdue rent and court costs during the eviction hearing to avoid eviction.
  • Tenant Protection: Tenants must be given proper notice and cannot be forcibly evicted without following the legal process.

Statutes

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.