As a property owner in Pennsylvania, you have certain rights and obligations under state landlord-tenant laws. One being a right to evict a tenant for certain legally justified reasons. However, you must follow certain rules for the process to be successful. In this blog, you’ll learn all the basics of the Pennsylvania eviction process.
What is the Eviction Process in Pennsylvania?
For an eviction to be successful in Pennsylvania, a landlord must get the following right:
Determine a Legal Cause for the Eviction
First, a landlord cannot evict a tenant just because their dislike them. The lease or rental agreement guarantees the tenant a right to continue living on the property until its end. An exception to this is if the tenant commits a lease violation. Examples of lease violations include:
- Failure by the tenant to pay rent when it falls due without a legitimate reasons. Per the lease, a tenant is required pay on time.
- Failure to leave after the lease/ rental agreement is over. These tenants are referred to as holdovers.
- Staying on the property without a valid lease agreement. If a person was never a tenant but are residing on the rental unit, this is considered trespassing.
- Committing a serious lease violation like not paying due rent, failing to comply with habitability standards, disturbing the quiet enjoyment of others, to name a few.
- Causing excessive property damage that exceeds normal wear and tear. Note that landlords can use tenants’ security deposits to cover these damages.
- Engaging in an illegal activity. Tenants are not given a change to cure this violation of the rental agreement.
If the tenant commits any of these, the landlord would be within their rights to evict them. Landlords cannot, however, proceed to court and evict a tenant for illegitimate reasons such as out of spite or due to discrimination.
Notices Needed for Terminating a Lease with Legal Cause
Once landlords have a legitimate reason to evict a tenant in Pennsylvania, they can continue with the process by terminating their written lease agreement. To do so, the landlord will need to serve them with an eviction notice. The following are the written eviction notices under state law:
- 10-Day Notice to Quit for failing to pay monthly rent.
- 15-Day Notice to Vacate for tenants on periodic leases, such as a month-to-month lease.
- 15/30-Day Notice to Comply or Vacate for a tenant who violates a term of the written lease.
- 10-Day Notice to Vacate for a tenant who commits an illegal activity on the premises.
If tenants don't comply with the notice period, like by covering unpaid rent, a landlord will be able to continue with the eviction lawsuit.
Providing Pennsylvania Tenants with an Eviction Notice
The aforementioned eviction notices must be served on the tenant as per the state’s eviction laws. When serving a tenant, Pennsylvania landlords must do it using any of the following ways:
- Handing the notice to quit directly to the tenant.
- Leaving a copy of the notice in a conspicuous area on the property, such as on the front door.
- Leaving a copy of the notice at the unit’s principal building.
Make sure to retain the original signed copy and declaration of service as proof of notice delivery. This can turn out to be helpful should the matter end up in court.
A Tenant’s Eviction Defences in Pennsylvania
An eviction defence is the reason a tenant gives to try and stop or delay their eviction proceedings. The following are legitimate eviction defences that a tenant in Pennsylvania may use:
- Landlords are evicting their tenants because of their race, color, religion, disability, or other protected classes. These characteristics are protected under Fair Housing Laws. Eviction someone due to their protected class is considered discrimination.
- The landlord, failed to follow the proper eviction procedures. Proper eviction procedures include providing written notice with the correct amount of time before initiating any legal action. Failing to do so can result in the eviction being dismissed by the court.
- The tenant failed to pay rent on time because of the unit’s uninhabitability. Pennsylvania law allows tenants to withhold rent if the landlord fails to make necessary repairs that impact the unit’s livability.
- The landlord is trying to remove the tenant for reporting a housing code violation or exercising other legal rights. If a tenant reports their landlord for a housing code violation or exercises other protected legal rights, such as joining a tenant union or complaining about discrimination, they cannot remove them in response to these actions.
- A landlord tried to remove the tenant unlawfully. This includes taking illegal actions such as removing the tenant’s belongings from the rental unit or shutting off utilities without a court order.
Attending the Eviction Hearing
After a successful eviction filing, a court hearing will usually be scheduled 7-10 days later. If the judgment favors the landlord, the court will issue them a Writ of Possession. This is a court order that will allow the landlord to remove the tenant from their rental property. It’s the final step in an eviction process.
At no point during the process should a landlord take matters into their own hands and carry out a self-help eviction to remove someone from their rental unit. Examples of self-help eviction tactics include removing the renter’s belongings, shutting down utilities, or locking out the tenant. Such actions are illegal and can lead to serious legal consequences for the residential landlord. The proper legal channels must be followed to ensure a lawful Pennsylvania eviction process.
Bottom Line
The only way to remove a tenant from their rented unit is through a court order. You must not engage in criminal activities, such as locking out the tenant, removing their personal belongings, or shutting down utilities just to force them out of the property. Similarly, you must not try to remove a tenant as a retaliatory tactic or because of their race, color, or other Fair Housing-protected classes.
If you have a question or need an expert property manager to help you handle an eviction or overall management of your property, please reach out to Lone Eagle Management (Philly). Property owners in Philadelphia trust us with the management of their investment properties because of our reliability, professionalism, and top-notch services. Get in touch with our property managers to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
