Legal Insights
August 21, 2026

Eviction Process in Pennsylvania: Step by Step

The eviction process in PA runs on a chain of deadlines, and each one has to clear before the next begins. Skip a step and the case restarts. Philadelphia adds a mandatory diversion requirement on top of the state process, which catches out of town owners more than anything else.

Step One: The Notice to Quit

Pennsylvania's Landlord and Tenant Act of 1951 governs, and 68 P.S. section 250.501 sets the notice periods. They vary by the reason for termination and the length of the lease.

For nonpayment of rent, the tenant gets 10 days from service to move out. For a lease violation or the end of the term, the period depends on lease length: 15 days for a lease of one year or less, including month to month tenancies, and 30 days for a lease longer than a year.

Service can be made personally on the tenant, by leaving the notice at the principal building on the premises, or by posting it conspicuously on the leased property. Posting is the common practical route, and photographing the posted notice with a timestamp is worth the thirty seconds it takes.

One provision unique enough to matter: Pennsylvania permits the notice requirement to be waived in the written lease. Many commercially drafted Pennsylvania leases contain that waiver, which lets a landlord file immediately without serving a notice to quit. Check the lease before assuming a notice is required, and check it before assuming one isn't. Filing without a notice under a lease that doesn't waive it is a dismissal.

Step Two: Filing the Complaint

Outside Philadelphia, landlord tenant complaints are filed with the Magisterial District Judge for the district where the property sits. Philadelphia is different and runs its cases through Municipal Court, which is one of several reasons the city process diverges from the rest of the state.

The complaint states the grounds, the amount of rent and other charges claimed, and requests possession. The MDJ schedules a hearing, typically within a couple of weeks of filing, and the tenant is served with the complaint and hearing notice.

What a landlord brings to the hearing decides it. The lease with any notice waiver provision, the ledger showing every charge and credit, proof of the notice to quit and how it was served, and, in jurisdictions that require it, proof of a valid rental license. Pennsylvania magisterial district judges handle these efficiently and rule quickly, and a file with a gap in it produces a dismissal rather than a continuance.

Step Three: Judgment and the Appeal Window

If the landlord proves the case, the MDJ enters judgment for possession and can also award unpaid rent and damages for continued occupancy.

The tenant then has 10 days to appeal a residential judgment to the Court of Common Pleas. That window is the pivot point for everything that follows, because the landlord cannot move for possession while it's open.

Step Four: The Order for Possession

Under Rule 515 of the Rules of Civil Procedure governing Magisterial District Judges, a landlord in a residential case may file a request for an order for possession after the 10th day following entry of judgment, and must do so within 120 days. Non-residential cases wait until after the 15th day.

Once issued, the order is served on the tenant. Execution happens on the 11th day after service. If the tenant or any unauthorized occupant is still there on that 11th day, the constable or sheriff may use necessary force to enter and eject them, and delivers possession to the landlord.

Counting it end to end: 10 days of notice, then a hearing scheduled roughly one to two weeks out, then a 10 day appeal window, then service of the order, then 11 more days. A clean uncontested nonpayment case in Pennsylvania generally runs somewhere in the five to seven week range from notice to lockout. Contested cases and appeals run longer.

The Pay and Stay Right

Pennsylvania gives tenants a redemption right that surprises landlords who have already scheduled the lockout. Under 68 P.S. section 250.503, at any time before the writ is actually executed, a tenant in a nonpayment case can stop the eviction by paying the rent actually in arrears plus costs to the writ server, constable, or sheriff.

This applies only to nonpayment cases, not to lease violation or holdover cases, and it can be exercised right up until the officer performs the eviction. A landlord who has lined up a turn crew for the morning of the lockout can find the tenant paid the constable the night before and the tenancy continues.

Plan for it rather than being surprised by it. If the goal is genuinely to recover the money, this is a good outcome. If the goal is to end a problem tenancy, nonpayment may not be the ground to pursue.

Philadelphia's Additional Requirements

Philadelphia layers requirements on top of state law, and skipping them ends a case before it begins.

Since January 2022, city ordinance requires landlords to apply to and participate in good faith with the Eviction Diversion Program for at least 30 days before filing an eviction in Municipal Court. The program pairs the parties with a housing counselor and a mediator to try to reach an agreement, and documented good faith participation is a prerequisite to filing.

The application requires an active Philadelphia rental license and proof the tenant was sent a Notice of Diversion Rights. Landlords also generally need a valid rental license and a Certificate of Rental Suitability to proceed. A landlord operating without a current rental license in Philadelphia is in a poor position to collect rent at all, let alone evict.

Other Pennsylvania municipalities have their own licensing and inspection regimes. Verify local requirements before serving anything, because state law compliance alone isn't sufficient in the cities.

Self Help Remains Illegal

No part of the Pennsylvania process permits a landlord to perform the removal. Changing locks, shutting off utilities, removing doors or windows, or hauling a tenant's belongings to the curb outside the court process exposes the landlord to liability and gives the tenant a counterclaim that can swallow the rent judgment.

It also feeds a constructive eviction argument, which is the position that the landlord's conduct made the unit unusable and justified the tenant leaving. That defense, when it lands, eliminates the remaining rent claim entirely, and we covered how it develops in our post on constructive eviction.

The Security Deposit Deadline

Pennsylvania's security deposit rule is one of the harshest in the country for careless landlords, and it operates independently of the eviction.

Under 68 P.S. section 250.512, within 30 days of lease termination or the tenant's surrender of the premises, whichever comes first, the landlord must provide a written itemized list of damages claimed and pay the tenant the difference between the deposit plus accrued interest and the actual damages.

Miss the 30 days and the landlord forfeits all right to withhold any of the escrow funds or to pursue the damage claim. Fail to pay the balance owed within 30 days and the landlord is liable for double the amount by which the deposit exceeds actual damages. Tenants cannot waive these protections by contract.

That forfeiture provision does real damage downstream. A landlord who wins possession, then sends the damage list on day 35, has lost the ability to claim against the deposit for damages and has weakened the entire post eviction balance. Get the itemized list out early, keep proof of mailing, and treat the 30 days as the hard deadline it is.

After the Lockout, the Money Is Still Outstanding

A judgment for possession returns the unit. It does not collect anything, and a tenant who couldn't pay rent rarely satisfies a money judgment voluntarily.

The remaining balance, unpaid rent, damages beyond normal wear, and recoverable costs, is ordinary rental debt with its own timeline. Whether it gets recovered depends on the same documentation that won the case, plus a forwarding address and a decision made before the file goes cold. Landlords running properties in more than one state will find our comparison of notice rules in eviction notice requirements by state useful, and our North Carolina landlord guide shows how differently a neighboring state structures the same process. Getting service right in the first place is covered in how to serve an eviction notice properly.

Advanced Collection Bureau works residential and apartment placements nationwide on contingency and can be reached at 321-633-4999 or through its residential services page. Nothing here is legal advice, and Pennsylvania landlords with a contested case or a local licensing question should consult a Pennsylvania attorney before filing.

The content, information, and templates provided by Advanced Collection Bureau, Inc. — including but not limited to articles, rental applications, lease agreements, and notice forms — are intended for general informational and educational purposes.

They are not legal advice and should not be relied upon as such. The information is general in nature and may not reflect the most current legal developments or account for the specific requirements of your state, city, or municipality.

Use of this content or any associated templates does not create an attorney-client relationship between you and Advanced Collection Bureau, Inc. We make no warranties or representations as to the accuracy, completeness, suitability, or legal enforceability of any content or document provided. Advanced Collection Bureau, Inc. is not a law firm or an attorney.

By accessing, downloading, or using any material from this website, you acknowledge and agree that you are solely responsible for ensuring compliance with all applicable U.S. federal, state, and local laws, and that you will seek guidance from a qualified legal professional as needed.

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Step One: The Notice to Quit

Pennsylvania's Landlord and Tenant Act of 1951 governs, and 68 P.S. section 250.501 sets the notice periods. They vary by the reason for termination and the length of the lease.

For nonpayment of rent, the tenant gets 10 days from service to move out. For a lease violation or the end of the term, the period depends on lease length: 15 days for a lease of one year or less, including month to month tenancies, and 30 days for a lease longer than a year.

Service can be made personally on the tenant, by leaving the notice at the principal building on the premises, or by posting it conspicuously on the leased property. Posting is the common practical route, and photographing the posted notice with a timestamp is worth the thirty seconds it takes.

One provision unique enough to matter: Pennsylvania permits the notice requirement to be waived in the written lease. Many commercially drafted Pennsylvania leases contain that waiver, which lets a landlord file immediately without serving a notice to quit. Check the lease before assuming a notice is required, and check it before assuming one isn't. Filing without a notice under a lease that doesn't waive it is a dismissal.

Step Two: Filing the Complaint

Outside Philadelphia, landlord tenant complaints are filed with the Magisterial District Judge for the district where the property sits. Philadelphia is different and runs its cases through Municipal Court, which is one of several reasons the city process diverges from the rest of the state.

The complaint states the grounds, the amount of rent and other charges claimed, and requests possession. The MDJ schedules a hearing, typically within a couple of weeks of filing, and the tenant is served with the complaint and hearing notice.

What a landlord brings to the hearing decides it. The lease with any notice waiver provision, the ledger showing every charge and credit, proof of the notice to quit and how it was served, and, in jurisdictions that require it, proof of a valid rental license. Pennsylvania magisterial district judges handle these efficiently and rule quickly, and a file with a gap in it produces a dismissal rather than a continuance.

Step Three: Judgment and the Appeal Window

If the landlord proves the case, the MDJ enters judgment for possession and can also award unpaid rent and damages for continued occupancy.

The tenant then has 10 days to appeal a residential judgment to the Court of Common Pleas. That window is the pivot point for everything that follows, because the landlord cannot move for possession while it's open.

Step Four: The Order for Possession

Under Rule 515 of the Rules of Civil Procedure governing Magisterial District Judges, a landlord in a residential case may file a request for an order for possession after the 10th day following entry of judgment, and must do so within 120 days. Non-residential cases wait until after the 15th day.

Once issued, the order is served on the tenant. Execution happens on the 11th day after service. If the tenant or any unauthorized occupant is still there on that 11th day, the constable or sheriff may use necessary force to enter and eject them, and delivers possession to the landlord.

Counting it end to end: 10 days of notice, then a hearing scheduled roughly one to two weeks out, then a 10 day appeal window, then service of the order, then 11 more days. A clean uncontested nonpayment case in Pennsylvania generally runs somewhere in the five to seven week range from notice to lockout. Contested cases and appeals run longer.

The Pay and Stay Right

Pennsylvania gives tenants a redemption right that surprises landlords who have already scheduled the lockout. Under 68 P.S. section 250.503, at any time before the writ is actually executed, a tenant in a nonpayment case can stop the eviction by paying the rent actually in arrears plus costs to the writ server, constable, or sheriff.

This applies only to nonpayment cases, not to lease violation or holdover cases, and it can be exercised right up until the officer performs the eviction. A landlord who has lined up a turn crew for the morning of the lockout can find the tenant paid the constable the night before and the tenancy continues.

Plan for it rather than being surprised by it. If the goal is genuinely to recover the money, this is a good outcome. If the goal is to end a problem tenancy, nonpayment may not be the ground to pursue.

Philadelphia's Additional Requirements

Philadelphia layers requirements on top of state law, and skipping them ends a case before it begins.

Since January 2022, city ordinance requires landlords to apply to and participate in good faith with the Eviction Diversion Program for at least 30 days before filing an eviction in Municipal Court. The program pairs the parties with a housing counselor and a mediator to try to reach an agreement, and documented good faith participation is a prerequisite to filing.

The application requires an active Philadelphia rental license and proof the tenant was sent a Notice of Diversion Rights. Landlords also generally need a valid rental license and a Certificate of Rental Suitability to proceed. A landlord operating without a current rental license in Philadelphia is in a poor position to collect rent at all, let alone evict.

Other Pennsylvania municipalities have their own licensing and inspection regimes. Verify local requirements before serving anything, because state law compliance alone isn't sufficient in the cities.

Self Help Remains Illegal

No part of the Pennsylvania process permits a landlord to perform the removal. Changing locks, shutting off utilities, removing doors or windows, or hauling a tenant's belongings to the curb outside the court process exposes the landlord to liability and gives the tenant a counterclaim that can swallow the rent judgment.

It also feeds a constructive eviction argument, which is the position that the landlord's conduct made the unit unusable and justified the tenant leaving. That defense, when it lands, eliminates the remaining rent claim entirely, and we covered how it develops in our post on constructive eviction.

The Security Deposit Deadline

Pennsylvania's security deposit rule is one of the harshest in the country for careless landlords, and it operates independently of the eviction.

Under 68 P.S. section 250.512, within 30 days of lease termination or the tenant's surrender of the premises, whichever comes first, the landlord must provide a written itemized list of damages claimed and pay the tenant the difference between the deposit plus accrued interest and the actual damages.

Miss the 30 days and the landlord forfeits all right to withhold any of the escrow funds or to pursue the damage claim. Fail to pay the balance owed within 30 days and the landlord is liable for double the amount by which the deposit exceeds actual damages. Tenants cannot waive these protections by contract.

That forfeiture provision does real damage downstream. A landlord who wins possession, then sends the damage list on day 35, has lost the ability to claim against the deposit for damages and has weakened the entire post eviction balance. Get the itemized list out early, keep proof of mailing, and treat the 30 days as the hard deadline it is.

After the Lockout, the Money Is Still Outstanding

A judgment for possession returns the unit. It does not collect anything, and a tenant who couldn't pay rent rarely satisfies a money judgment voluntarily.

The remaining balance, unpaid rent, damages beyond normal wear, and recoverable costs, is ordinary rental debt with its own timeline. Whether it gets recovered depends on the same documentation that won the case, plus a forwarding address and a decision made before the file goes cold. Landlords running properties in more than one state will find our comparison of notice rules in eviction notice requirements by state useful, and our North Carolina landlord guide shows how differently a neighboring state structures the same process. Getting service right in the first place is covered in how to serve an eviction notice properly.

Advanced Collection Bureau works residential and apartment placements nationwide on contingency and can be reached at 321-633-4999 or through its residential services page. Nothing here is legal advice, and Pennsylvania landlords with a contested case or a local licensing question should consult a Pennsylvania attorney before filing.

Recover More.
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Unpaid debts should not slow down your business.

We specialize in professional and compliant debt recovery, helping you maximize recoveries while maintaining strong customer relationships.

Our risk-free, results-driven approach ensures you only pay when we collect.

Get in Touch

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