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What is the eviction process in Pennsylvania?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Statutory Framework. Pennsylvania eviction is governed by the Landlord and Tenant Act of 1951, 68 P.S. §§ 250.101 et seq., with the eviction notice and procedure rules at 68 P.S. §§ 250.501-501.1.

2. Pre-Filing Notice. Nonpayment requires a 10-day notice to quit (68 P.S. § 250.501(b)), unless waived in writing in the lease. For term breach or end of term: 15 days for tenancies of 1 year or less, 30 days for tenancies over 1 year (§ 250.501(b)). Philadelphia Good Cause ordinance requires 30 days minimum and just cause.

3. Filing the Complaint. File the Landlord-Tenant Complaint (Form AOPC 310A) before the Magisterial District Judge (MDJ) in the magisterial district where the property sits. Filing fee is approximately $86-$130.

4. Tenant Answer / Default. No written answer is required; tenant appears at the hearing. Hearing is set 7-15 days after filing under Pa. R.C.P.M.D.J. 506.

5. Hearing. MDJ conducts a quick hearing. Tenant may raise implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897), retaliation (68 P.S. § 250.205), and federal Fair Housing Act defenses.

6. Writ of Possession. If the landlord prevails, an Order for Possession may issue after 10 days (the tenant's appeal window to the court of common pleas). After service of the order, the tenant has at least 10 days before constable forced eviction (Rule 515).

7. Self-Help Prohibition. Pennsylvania case law (Wofford v. Vavreck, 22 Pa. D. & C.3d 444) and 68 P.S. § 250.501 prohibit self-help lockouts, utility shutoffs, and removal of belongings; tenants may sue for damages and injunctive relief.

8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058.

9. Just-Cause. Philadelphia's Good Cause Eviction ordinance (Phila. Code § 9-811) requires enumerated cause for non-renewal in covered units; statewide PA has no just-cause requirement.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Property is in Philadelphia and subject to Good Cause Eviction or Eviction Diversion
  • Tenant appeals to the Court of Common Pleas (de novo review)
  • Subsidized housing eviction (PHA, LIHTC, HUD)
Related Statutes & Laws
  • 68 P.S. §§ 250.501-501.1
  • Pa. R.C.P.M.D.J. 501-582
  • 15 U.S.C. § 9058

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.