The Eviction Process in Pennsylvania: Tenant’s Rights

Evictions can feel overwhelming, whether you’re a landlord or a tenant. At its core, an eviction is a legal process a property owner uses to require a tenant to move out. First and foremost, the only way a landlord can legally force a tenant to leave is through a court-ordered eviction.

That means there has to be a formal court proceeding, no shortcuts, no “do-it-yourself” removals. Once the case is filed, the timeline can vary quite a bit. Some situations move quickly, while others take longer depending on the circumstances, such as the reason for eviction or whether the tenant contests it.

When Can a Landlord Bring an Action to Evict a Tenant?

A landlord can bring an action to evict a tenant if:

• The tenant fails to pay rent

• The tenant fails to move out at the end of lease term

• The tenant violates terms of the lease agreement

Examples of violations of the lease agreement include:

• Continual late payment of rent

• Damaging the rental unit beyond normal wear and tear

• Using the rental unit for purposes not permitted under the rental agreement (operating a business, allowing unauthorized persons to live with you, etc.)

• Engaging in criminal activity

• Failure to abide by the proper rules and regulations that are either in the lease, attached to the lease, or given at the signing of the lease

Order of Eviction Proceedings

1. Notice to Quit

A landlord usually begins the eviction process by serving a tenant with a “Notice to Quit.” This notice may be posted on the tenant’s door or handed to an adult at the property.

The lease typically outlines how much advance notice must be given. For example, if the lease requires five days, the tenant must receive five days’ notice. Some leases include a “Waiver of Notice,” meaning the tenant must leave immediately. If the lease doesn’t specify, the required notice depends on the reason for eviction.

A valid Notice to Quit must clearly state the landlord’s and tenant’s names, the property address, the reason for eviction (such as nonpayment of rent or another lease violation), and the date by which the tenant must move out.

If proper notice isn’t given, the tenant can raise this in court. Judges may dismiss the case and require the landlord to restart the process with correct notice. This only delays the eviction—it doesn’t prevent it altogether.

1. Court Hearing

If a tenant doesn’t move out by the deadline in the eviction notice, the landlord must file a Landlord/Tenant Complaint with the Magisterial District Court. A hearing is usually scheduled within 7-15 days. Tenants who receive a hearing notice should contact a tenant’s rights group or an attorney at Sutton & Lovette Law Offices right away to understand their options.

Showing up to court is critical. If you’re late or don’t appear, the judge may issue a default judgment against you. Always confirm directly with the Court if you hear the hearing was canceled or postponed. The hearing is your chance to present a defense or counterclaim, so if you can’t attend on the scheduled date, call the Court as soon as possible to ask about rescheduling.

Even if you and your landlord reach an agreement before the hearing, or someone tells you everything is taken care of, plan to attend or check with the Court to be sure. Tenants can also file a counterclaim before the hearing. If you do, the landlord must be served at least five days before the hearing, and both complaints will be heard together within 7–15 days of filing.

1. Judgement

After the hearing, the Magisterial District Judge will issue a written Notice of Judgment the same day or within three days. If the ruling is in your favor, the landlord must follow the Judge’s order, stopping the current eviction. If the landlord wins, the judgment will be entered against you, and the Notice will explain what type of judgment applies.

One common outcome is called “Possession Granted if Money Judgment Not Satisfied,” often referred to as “Pay and Stay.” This means you can avoid eviction by paying the full amount owed before the eviction date.

• If you pay in full within 10 days (including court costs), the landlord cannot request an Order for Possession.

• If you don’t pay or appeal within that time, the landlord may request the order, which increases costs.

• A constable will then post the eviction notice, setting a forced move-out date 10 days later. Up until that date, you can still pay in full to stop the eviction.

• If you pay on the actual eviction day, you must pay the constable directly in cash.

Remember: even if you pay, the judgment stays on your record until it’s satisfied. It can affect your credit and make finding future housing more difficult.

1. Order for Possession

If the Judge rules “Possession Granted,” the tenant must move out by the scheduled eviction date, even if all money owed is paid. To challenge the decision, tenants must file an appeal with the Court of Common Pleas within 10 days and post a bond.

Once the appeal period ends, the landlord can request an “Order for Possession.” A constable will then serve notice, either in person or by posting it on the tenant’s door. That notice gives the tenant 10 more days to vacate. If the tenant hasn’t moved by then, the constable can forcibly remove them and padlock the property. Tenants should plan ahead and move belongings before the eviction date, since only minutes are given once the constable arrives. If belongings remain, tenants will need to act quickly to recover them.

Keep in mind: a legal lockout can’t happen until at least 20 days after the hearing. Sometimes, landlords don’t follow through with the eviction if a payment agreement is reached. If that happens, always get receipts and put the agreement in writing. Landlords can also re-issue an Order for Possession within 120 days of the judgment.

1. The Appeal Process

Tenants can appeal a Judge’s decision by filing with the Court of Common Pleas. If you’re appealing possession and want to stay in your home, you must act within 10 days and file a Supersedeas to pause the eviction.

Appeals require filing fees and a bond (usually the judgment amount or up to three months’ rent, sometimes reduced for low‑income tenants). Rent payments must then be made to the Court every 30 days until the appeal is resolved. Missing payments or deadlines can end the appeal and allow the eviction to proceed.

Protect Your Rights with Sutton & Lovette Law Offices

The eviction process in Pennsylvania can be confusing, stressful, and fast-moving. Whether you’re a tenant facing the loss of your home or a landlord trying to navigate the proper legal steps, having the right guidance makes all the difference.

At Sutton & Lovette, we understand how high the stakes are in eviction cases. Our team is committed to protecting your rights, explaining your options, and standing by you in court. Don’t wait until deadlines pass or judgments are entered. Contact Sutton & Lovette today!