The Pennsylvania ten (10) day notice to quit is to be used by a landlord when a tenant commits illegal drug activity on the premises of the leased property. According to § 250.505-A, an act constituting illegal drug activity occurs when the tenant is convicted of selling, distributing, or manufacturing a controlled substance on the premises. Furthermore, it is also considered illegal drug activity if a controlled substance is seized from the property by law enforcement. The landlord may serve the notice to the tenant upon discovering the unlawful action. The tenant will then have ten (10) days to vacate the rented
Pennsylvania Eviction Notices – 10, 15, and 30 Day Notices to Quit
The Pennsylvania eviction notices are used by landlords during the initial stages of the lease termination process. A landlord that desires to evict a tenant will be required to draft a written notice informing the tenant of the reason their tenancy is ending and the number of days permitted until they must vacate. In some instances, the notice may also contain information on how the tenant can retain possession of the premises by amending a breach (e.g., paying rent, fixing material damages). Only after the tenant fails to comply with the notice terms may the landlord file an eviction lawsuit (a.k.a. “Forcible Entry and Detainer” or “Unlawful Detainer”) with the magistrate court.
Non-Payment of Rent – 10 Days (§ 250.501(b))
Non-Compliance (Month-to-Month Tenancy) – 15 Days (§ 250.501(b))
Non-Compliance (Leases of 1 Year or Less) – 15 Days (§ 250.501(b))
Non-Compliance (Leases Longer Than 1 Year) – 30 Days (§ 250.501(b))
Illegal Drugs – 10 Days (§ 250.505-A)
Month-to-Month Lease Termination – Notice period is dependant on the lease agreement
The Pennsylvania thirty (30) day notice to quit may be used by either the landlord or tenant to inform the other party of their intention to terminate a month-to-month rental contract. Pennsylvania landlord-tenant law does not specify the required notice period for month-to-month lease terminations without cause. Therefore, the provisions of the lease shall be referenced when determining the notice period. If there are no such provisions, or if there is no lease, a notice period of thirty (30) days is generally applied (the landlord should contact a clerk of the court to verify any discrepancies in their county). The tenant will be required to move from the leased property within the designated notice period. Should they
The Pennsylvania fifteen/thirty (15/30) day notice to comply or quit is meant to be used by a landlord to inform a tenant that they have broken the lease terms. The notice shall specify a date by which the tenant must comply by either curing the issues or vacating the premises. For leases set for a period of one (1) year or less, the tenant will have fifteen (15) days in which they must comply. However, if the lease is set for a period lasting longer than one (1) year, the tenant will have thirty (30) days to satisfy the terms. Should the tenant
The Pennsylvania ten (10) day notice to pay or quit is to be served on a tenant that has failed to pay rent by the designated payment date. If the lease does not specify a grace period for payment, the landlord may serve the notice as soon as payment is overdue. The notice informs the tenant of their delinquency and provides them with ten (10) days to either pay the past due amount or vacate the leased property. Only after the notice period has expired (with no action taken by the tenant) can the landlord file the eviction lawsuit with the magistrate district court. Laws – § 250.501(b)
How to Evict a Tenant (Process)
The Pennsylvania eviction process begins when the tenant breaches the lease or rental agreement. A contract may be breached due to the non-payment of rent, non-compliance with rental terms, failure to vacate after the tenancy expires, or for illegal drug use on the rented property. Upon identifying the breach, the landlord must give the tenant a written eviction notice stating the notice period in which the tenant must either correct the issue (if applicable) or vacate. If the tenant does not comply by the time their notice period expires, the landlord can file for eviction by submitting a complaint to the magistrate district court.
Step 1 – Notify Tenant of Eviction
A landlord that seeks to evict a tenant must provide the individual with a written notice of termination. This notice, referred to as a “Notice to Quit,” will outline the cause of termination, the number of days in which the tenant must vacate the unit and remove their belongings, and whether or not the lease is curable.
Several eviction notices are available for use below. The landlord should select the one (1) that matches their eviction situation.
Non-Payment of Rent – The landlord must give the tenant a 10-Day Notice to pay or Quit. If the rent is not paid within ten (10) days, the landlord can terminate the tenancy and initiate the legal proceedings.
Non-Compliance with Lease Terms – If the tenant breaches the lease for any reason other than non-payment of rent or illegal drug use, the landlord must provide the tenant with a 15/30-Day Notice to Quit. For tenancies lasting one (1) year or less, the tenant will have a notice period of fifteen (15) days in which they can either cure the breach or vacate. However, if the lease term is longer than one (1) year, a notice period of thirty (30) days must be provided by the landlord.
Month-to-Month Lease Termination Without Cause – The type of notice delivered to the tenant must correspond with the lease requirements. If there is no lease, or if the lease does not provide information on month-to-month lease termination without cause, it is generally acceptable for the landlord to provide the tenant with a 30-Day Notice to Quit.
Illegal Drug Activity – If the tenant is convicted of committing illegal drug activity on the premises of the leased property, or if a controlled substance is seized from the tenant while on the premises of the leased property, the landlord shall provide the tenant with a 10-Day Notice to Quit. The tenant must vacate within ten (10) days.
Step 2 – Serve the Notice to the Tenant
Next, the landlord must serve a copy of the completed Notice to Quit to the tenant, preferably in person on the leased property. However, if personal delivery cannot be performed, the landlord may post a copy to the entrance of the dwelling or another conspicuous location on the property. The notice period will begin on the date following service.
Step 3 – File a Complaint With the Court
If the tenant does not either cure the breach (i.e., pay the rent, correct the non-compliance) or move out within the allotted notice period, the landlord has the right to terminate the tenancy and file an eviction complaint with the court.
The landlord will need to complete a Landlord/Tenant Complaint form and submit it to the magisterial district court which has jurisdiction over the property. Along with the initial Complaint containing the landlord’s original signature, there must also be two (2) copies for each tenant. A filing fee will be required at the time of submission (the landlord should contact the court for current rates).
Step 4 – Serve Summons to the Tenant
A clerk of the court will schedule an eviction trial after the Landlord/Tenant Complaint is filed. This date will be no less than seven (7) and no more than fifteen (15) days from the date of filing. The clerk will issue a Summons which will be used to inform the tenant of the trial information. The landlord must arrange to have the Summons served to the tenant by the local sheriff or a constable (a fee will be required). The Summons must either be served to the tenant in person, by first class mail, or by posting it conspicuously on the premises. After the Summons has been served, the landlord should contact the sheriff’s department to request a document showing evidence of service.
Step 5 – Attend Eviction Trial
On the date of the eviction trial, the landlord must appear in court fully prepared with copies of all documents supporting their case (e.g., Notice to Quit, lease agreement, Landlord/Tenant Complaint, receipts, photographs, proof of service, etc.). The landlord should also ensure that their witnesses have been made aware of the time and location of the trial.
The magisterial district judge will assess the cases presented by both parties and issue a judgment either at the end of the trial or within the next three (3) days. If the landlord is granted possession of the premises (i.e., if they win the eviction lawsuit), a Judgment for Possession will be issued to the landlord. The tenant may appeal the judgment within ten (10) days. If the landlord is awarded a money judgment for court costs, damages, and rent owed, the tenant may appeal the decision within thirty (30) days of the judgment.
Step 6 – Eviction
If the tenant neither appeals the judgment nor moves out within ten (10) days, the landlord must file a Request for Order for Possession with the court where the Complaint was filed. The court will then serve the Order for Possession to the tenant. A date will be arranged for a constable to evict the individual from the premises (the landlord must pay an “ejectment fee”).
If the tenant is being evicted solely for the reason of non-payment of rent, the tenant can stop the eviction by paying the full judgment amount and all court costs before the eviction occurs. The ejectment fee shall be refunded to the landlord upon him/her notifying the court of the cancellation at least forty-eight (48) hours before the eviction.