The Pennsylvania ten (10) day notice to quit, in coordination with § 250.501(d) and 250.505-A, is issued by the landlord when a tenant has been found in possession of illegal drugs (or any other related action) on/near the premises of the rental property. The notice provides the tenant with 10 days to vacate the rental unit (with no option to cure the violation). Failure of the tenant to move out within the 10 day period provides the landlord with the right to file an eviction lawsuit in court. Note: In some counties, it may be possible to obtain an expedited eviction (inquire with
Pennsylvania Eviction Process & Laws | Free PA Eviction Notices
The Pennsylvania thirty (30) day notice to quit, in regards to Section 250.501, may be used by a landlord (or tenant) to end a month-to-month or “at-will” lease agreement. The notice provides the receiving party with 30 days notice of the impending lease termination (the minimum amount of notice as required by Pennsylvania State law). If the notice is being served to the tenant, the tenant must vacate the property by the end of the 30th day of the notice period. If the tenant does not move out of the unit by the end of the notice period, the landlord can
The Pennsylvania notice to cure or quit, pursuant with § 250.501(b), is for a tenant that has broken the terms of their lease agreement (other than nonpayment) and receives this notice to either comply or vacate within the time period. The period is dependent upon how long the tenant has resided on the property, if a year or less fifteen (15) days is required, if over a year thirty (30) days are needed. The form should be sent via certificate of service and either given personally, placed in a conspicuous area, or sent via certified mail. Download: .PDF Word How to Write
The Pennsylvania ten (10) day notice to pay or quit, in relation with Section 250.501(b), is to be served on a tenant who has failed to pay rent. The notice informs the tenant of their delinquency, and that they have 10 days to either pay the past due amount of rent or vacate the rental unit. This notice must be served to the tenant before the landlord can file an eviction action in court. Only after the notice period has expired (with no action taken by the tenant), can the landlord then file the eviction lawsuit. Download Here: .PDF Format Word
How to Evict a Tenant (Process)
Tenants in the State of Pennsylvania can be evicted for not paying rent, failing to adhere to the rules of the lease agreement, or if the lease term has ended. “Self-help” evictions are not legal, the only way for a landlord to evict a tenant is to obtain a court order. This is typically done in the District Justice of the county where the rental property is located in.
Note: Retaliatory and discriminatory evictions are illegal. A tenant cannot be evicted due to the color of their skin, religious beliefs, sex, age, etc.
Step 1 – The landlord must serve the tenant with an eviction notice. There are four main types of notices that can be served; the 10 day notice to pay/quit (for nonpayment of rent), the 10 day notice to quit (for illegal drugs), the 15/30 day notice to cure/quit, and the 30 day termination notice (for month-to-month tenancies).
Step 2 – The tenant must be given the entire notice period to take action (pay rent, move out, cure a violation, etc.). If the tenant does not comply with the notice within the specified time frame, the landlord can then file an eviction complaint.
Step 3 – After the complaint has been filed, the tenant will receive a copy of the complaint and summons. The summons will inform the tenant of the hearing date. The tenant must show up to the hearing, otherwise a default judgement for possession will be issued by the Magisterial District Judge. Likewise, the landlord (or representing party) must also show up on the date of the hearing, otherwise the lawsuit will most likely be dismissed. The Judge will make a ruling either at the end of the hearing, or no more than five (5) days after it. If it is made after the hearing, a copy of the judgement will be mailed to the landlord and tenant.
Note: It’s important to bring any relevant evidence (payment history, violation history, supporting documentation, etc.) to the hearing/trial. Both the landlord and tenant will have the chance to testify in front of the Judge.
Step 4 – If the landlord wins the case, the tenant will need to vacate the premises of the rental property at least 22 days after the hearing. If the tenant does not vacate within the court-order time frame, a Sheriff will come to evict them from the property. The tenant will have 10 days (after the judgement) to contact the landlord regarding their possessions located in the rental unit. If the tenant does not contact the landlord within 10 days, the landlord has the right to throw out/sell the tenant’s possessions.
Note: If the tenant contacts the landlord within 10 days, the landlord is required to hold onto the possessions for at least 30 days. After the 30 day period, the landlord can sell/throw them out.