How to Evict a Tenant in Pennsylvania: Notice to Quit to Order for Possession

To evict a tenant in Pennsylvania, serve a written notice to quit: 10 days for unpaid rent, and 15 or 30 days for other lease breaches. Skip the notice only if the lease validly waives it. Then file a landlord-tenant complaint with the magisterial district judge for the district where the property is (Philadelphia uses the Municipal Court). The hearing is 7 to 15 days after filing. If you win and the tenant doesn't appeal within 10 days, request an order for possession. A constable or sheriff can remove the tenant on or after the 11th day after serving that order.

Pennsylvania's eviction notices come from the Landlord and Tenant Act of 1951. The court procedure comes from the Supreme Court's rules for magisterial district judges, chapter 500 of Title 246 of the Pennsylvania Code.

Step 1: Serve the notice to quit

The notice period depends on the reason (68 P.S. § 250.501(b), as summarized in the Attorney General's tenant-landlord guide):

The notice tells the tenant to leave by the deadline. Pennsylvania doesn't give tenants a statutory right to cure, though your lease may. To end a month-to-month tenancy, give written notice at least 15 days before the end of the rental period.

Serve the notice in one of three ways (§ 250.501(f), per the AG guide):

• Hand it to the tenant personally
• Leave it at the main building on the leased property
• Post it conspicuously on the leased property

Waiver of notice

A lease may waive the notice to quit, and many Pennsylvania leases do. With a valid waiver, you can file without any advance notice (§ 250.501(e)). The Attorney General encourages landlords not to use these waivers. A short notice still gives a tenant who can pay or move a chance to do it without a court record, and it can save you a filing fee.

Step 2: File the landlord-tenant complaint

File with the magisterial district judge for the district where the property is (Pa.R.Civ.P.M.D.J. 502). In Philadelphia, file in the Philadelphia Municipal Court. The complaint is a printed form and asks for possession, and it can also claim back rent and damages (Rule 503).

When you file, the judge sets a hearing not less than 7 or more than 15 days after filing (Rule 504). The court mails the complaint to the tenant by first-class mail. A sheriff or certified constable also hands it to the tenant or an adult in charge of the premises and posts it on the property, at least five days before the hearing (Rule 506).

Since October 2025, a county court can adopt a local rule for landlord-tenant mediation. It can't make mediation a condition of filing (Rule 504.1). Ask the district court whether a program applies to your case.

Step 3: The hearing

Come prepared to prove your case even if the tenant doesn't show up. A magisterial district judge can't enter a default judgment in a possession case; you must appear and testify. The judge decides whether notice was given or validly waived, the rent owed, any damage, the monthly rent, and the security deposit held (Rule 514 and comment). Bring:

• The lease, including any waiver-of-notice clause
• The notice to quit and proof of how and when you served it
• A rent ledger
• Photos or records of any damage or violation

Judgment comes at the end of the hearing or within three days. The written notice of judgment tells both sides how to appeal (Rule 514(D)–(E)).

Step 4: Appeal window and supersedeas

In a residential case, either party may appeal a possession judgment to the court of common pleas within 10 days of the judgment. A tenant who is a victim of domestic violence gets 30 days (Rule 1002(B)).

A tenant's appeal stops the eviction only if the tenant deposits the lesser of three months' rent or the rent actually in arrears, then keeps depositing the monthly rent every 30 days. If a deposit is missed, you can file a praecipe to end the stay. Tenants who can't afford the deposit can instead file a supersedeas affidavit under Rule 1008(c), which has its own payment terms (Rule 1008).

Step 5: Order for possession and lockout

After the 10th day, but within 120 days of the judgment, request an order for possession from the same court (Rule 515(B)). The constable or sheriff serves it. If the tenant is still there on or after the 11th day after service, the officer may enter, remove the tenant and occupants, and hand you possession. An order can't be executed more than 60 days after it is issued (Rule 519).

In a case based only on unpaid rent, the tenant can stop the order at any time before delivery of possession by paying the officer the rent in arrears and costs (Rule 518).

What you can't do

Self-help eviction is prohibited in Pennsylvania. You can't change the locks or shut off utilities to force a tenant out. Use the court process (AG guide, Part V.C).

Philadelphia and other local rules

Philadelphia adds its own requirements. For leases shorter than one year, including month-to-month, landlords must give 30 days' written notice stating good cause before ending or not renewing the tenancy. Other cities, including Pittsburgh, have rental licensing or registration rules. The Pennsylvania eviction laws page summarizes the state notice rules with sources, and the Pennsylvania landlord-tenant law page covers deposits and month-to-month notice.

Before you file for rent, make sure the amount is right. Pennsylvania has no late-fee cap, but the Attorney General advises that fees should be reasonable; the late fee calculator helps. A notice to vacate handles the end of a month-to-month tenancy. For the steps that apply in every state, see how to evict a tenant; for how Pennsylvania's notice to quit compares with other states, see eviction notice types explained.

Sources

Official sources cited above (checked 2026-10-30):

• Pennsylvania Office of Attorney General, Consumer Guide to Tenant and Landlord Rights (v1.1, June 2022)
• Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq. (Pennsylvania General Assembly)
• Pa.R.Civ.P.M.D.J. 501–582, actions for recovery of possession of real property (246 Pa. Code ch. 500)
• Pa.R.Civ.P.M.D.J. 1002 and 1008, appeals and supersedeas (246 Pa. Code ch. 1000)

The General Assembly's statute site refused automated requests on 2026-10-30, so the notice periods above follow the Attorney General's guide and our state-law dataset, which read the statute earlier.