What is the eviction process in Pennsylvania?

Pennsylvania residential eviction is governed by the Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq.

1. Notice to Quit

Nonpayment: 10-day notice to pay or vacate (68 P.S. § 250.501(b)). Lease may waive this notice.

Term breach (lease 1 year or less): 15-day notice (§ 250.501(b)).

Term breach (lease over 1 year): 30-day notice (§ 250.501(b)).

End of term: 15 or 30 days as above unless lease waives notice.

2. Filing at the Magisterial District Court

Landlord files a Landlord/Tenant Complaint at the Magisterial District Court (MDJ) in the magisterial district where the property sits (Philadelphia uses Municipal Court). Filing fee is approximately $56-$200.

3. Hearing

MDJ schedules a hearing 7-15 days after filing (Pa.R.C.P.M.D.J. 503). Tenant must be served at least 2 days before hearing.

4. Trial

Informal hearing before the magisterial district judge. Either party may bring witnesses and evidence; no jury at this level.

5. Judgment and Order for Possession

If landlord wins, judgment is entered immediately. Landlord must wait 10 days before requesting an Order for Possession (Pa.R.C.P.M.D.J. 514). Tenant may appeal to the Court of Common Pleas within 10 days (30 days for nonpayment if pauper's affidavit filed).

6. Constable Enforcement

Once Order for Possession is issued, constable serves it on the tenant. Tenant has at least 11 days to vacate before forcible removal (§ 250.503).

7. Tenant Defenses

Implied warranty of habitability (Pugh v. Holmes), retaliation (68 P.S. § 250.205), illegal lockout, improper notice, payment of rent before judgment (which dismisses nonpayment cases under § 250.503), and fair housing violations.

This is legal information, not legal advice.