By Type
Pay or Quit – Sent when rent has not been paid. It warns that eviction may follow.
Cure or Quit – Used for lease violations unrelated to rent. The tenant may correct the issue.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a monthly tenancy with proper notice.
Notice to Quit for Illegal Activity – Issued for unlawful actions at the rental.
Eviction Laws
State law does not mandate a grace period for rent unless one is provided in the lease agreement.
- Grace Period: Not required by statute
- Non-Payment of Rent: 10 days.[1]
- Non-Compliance: 15 days or 30 days, depending on the lease term.[1]
- Illegal Drug Activity: 10 days.[2][3]
- Termination of Month-to-Month Lease: No statutory requirement; 30 days is commonly used
- Eviction Lawsuit Type: Actions for the Recovery of Possession of Real Property.[4]
If the tenant fails to correct the issue or move out within the notice period, the landlord may proceed to court.
Prohibited Landlord Actions in Pennsylvania
- Utility Shutoff – A landlord may not interfere with or shut off a tenant’s utilities as a way to force them out. Doing so outside of the legal eviction process is unlawful.[5]
- Changing the Locks – Locking a tenant out, changing the locks, or otherwise blocking access to the property without a court order is illegal and considered a self-help eviction.[5]
Landlords must always obtain a court judgment before removing a tenant.
How to Evict a Tenant in Pennsylvania (Step-by-Step)
Step 1: Provide Notice to the Tenant
Before filing in court, the landlord must serve the tenant with written notice that complies with Pennsylvania law. The notice gives the tenant time to fix the problem or move out. Proper service and proof of delivery are critical, as lack of notice is a common tenant defense.
Step 2: File a Complaint with the Court
If the tenant does not comply, the landlord may file a Landlord/Tenant Complaint (AOPC 310A) with the Magisterial District Court where the property is located. Filing fees typically range from $94 to $161.50, depending on the claim amount and number of defendants.[6] Once filed, the court will schedule a hearing and notify both parties.
Step 3: Attend the Hearing and Obtain Possession
At the hearing, both the landlord and tenant may present evidence. If the judge rules in favor of the landlord, the landlord may request an Order of Possession after ten days.
Once issued, the tenant will have ten additional days to vacate before law enforcement may remove them from the property.
Court Forms & Resources
- Landlord/Tenant Complaint (AOPC 310A) – This form is filed by the landlord with the Magisterial District Court to begin an eviction case. Before filing, the landlord must have already served the tenant with a written notice to quit stating the time allowed to vacate.
- Order of Possession – Issued after the landlord wins the case. This order allows the landlord to require the tenant to vacate within a specific timeframe or face removal by law enforcement.