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Eviction Laws
- Grace Period: State law does not require a grace period for rent.
- Non-Payment of Rent: 10 days.[1]
- Non-Compliance: 15 or 30 days.[1]
- Illegal Drugs: 10 days.[2][3]
- Termination (Month-to-Month Lease): No legal requirement. 30 days is standard.
- Eviction Lawsuit: Actions for the Recovery of Possession of Real Property.[4]
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.
How to Evict a Tenant (3 steps)
1. Provide Notice to Tenant
Before a landlord can go to court to have a tenant evicted, they must provide notice as provided by Pennsylvania law. The notice gives the tenant time to either rectify the problem or to vacate the premises. The different types of notices are as follows:
- 10-Day Notice to Quit (Non-Payment)
- 10-Day Notice to Quit (Illegal Drugs)
- 15/30 Day Notice to Quit (NonCompliance)
- 30-Day Notice to Quit (Month-to-Month Tenancy)
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 Magisterial District Court in the county or municipality in which the property is located to file a Complaint.
Filing fees range between $94–$161.50.[6] The court will set a hearing date after the Complaint 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 days, which will require the tenant to move out within ten days or be forced out of the premises.