Updated August 21, 2023
A Pennsylvania eviction notice is a form meant for landlords seeking to inform a tenant that they have violated their lease contract. The landlord will write the notice including a description of the violation and include the number (#) of days to correct the issue. The tenant has the right to comply with the notice and continue as if the offense never occurred. If the tenant does nothing, at the end of the notice period the landlord is able to file an eviction lawsuit (Unlawful Detainer) at the Local Magisterial or Municipal Court.
By Type (4)
10-Day Notice to Quit (Non-Payment of Rent) – This notice is to inform the tenant that they are behind in their rent and that they have ten days to either pay the outstanding amount or vacate the premises.
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10-Day Notice to Quit (Illegal Drugs) – This form is to be used when a tenant has been engaging in the use of illegal drugs.
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15/30 Day Notice to Quit (Non-Compliance)– This form can be used when a tenant is violating the terms of the lease other than non-payment of rent. The fifteen (15) days is for tenants that have been on the property a year or less and the thirty (30) days is meant for those that have been renting for over a full year.
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30-Day Notice to Quit (Month-to-Month Tenancy) – There is no State requirement for how much time a landlord or tenant is to be given for terminating a tenancy at will. Therefore it should be the required time in the lease contract or the standard norm of thirty (30) days.
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Table of Contents |
Eviction Laws
- Grace Period: No laws.
- Non-Payment of Rent: 10 days. § 501(b)
- Non-Compliance: 15 or 30 days. § 501(b)
- Illegal Drugs: 10 days. § 501(d) & § 505-A
- Termination (Month-to-Month Lease): 30 days.
- Eviction Lawsuit: Actions for the Recovery of Possession of Real Property. Chapter 500
Court Forms
Landlord/Tenant Complaint (AOPC 310A) – Filed by the landlord when attempting to evict a tenant. Before initiating the eviction, the landlord must provide the tenant with a written notice to quit which indicates the amount of time the tenant has to vacate.
Order of Possession – If the landlord wins an eviction lawsuit, this document may be used to request a court order that forces the tenant to vacate the premises within a specific number of days.
When is Rent Due
Rent is due on the date specified in the lease. The landlord may give notice to the tenant that he will seek further action if the tenant doesn’t pay within ten days of the notice.
How to Evict (3 steps)
1. Provide Notice to Tenant
Before a landlord can go to court to have a tenant evicted, he must provide notice as provided by Pennsylvania law, to inform the tenant that he or she is in violation of the lease or that a month-to-month tenancy will not be renewed. The notice gives the tenant time to either rectify the problem or to vacate the premises. The different types of notices are as follows:
2. File Complaint with Court
If the tenant fails to respond appropriately to the notice provided by the landlord, the landlord may then go to court to seek to have the tenant evicted. The landlord must go to the court in the county or municipality in which the property is located. Use the Court Directory and the Landlord will then need to file a Complaint. The court will set a hearing date after it has been filed.
3. Attend Hearing
At the hearing, both sides will have a chance to present their case. If there is a judgment in favor of the landlord, the landlord can seek an Order of Possession after ten (10) days, which will require the tenant to move out within ten days or be forced out of the premises.