How Long Does the Eviction Process Take in Pennsylvania? Timeline and Costs
In Pennsylvania, the eviction process generally takes 1 to 2 months from the initial notice to the final lockout. A landlord must first issue a Notice to Quit, followed by filing a complaint at the local court, where filing fees typically range from $100 to $150 depending on the county.
If you are a landlord or a tenant wondering how long does the eviction process take in Pennsylvania, it is essential to understand that self-help lockouts are illegal. Landlords must strictly follow the legal timeline established by the Landlord and Tenant Act of 1951, 68 P.S. § 250.501. The eviction timeline heavily depends on the reason for the eviction, the county where the property is located, and whether the tenant decides to appeal the court's decision.
Understanding this legal process is crucial to avoid expensive delays. Generally, an eviction for non-payment of rent moves faster than an eviction for a lease violation. Below, we break down the exact step-by-step Pennsylvania eviction process, so whether you reside in Philadelphia, Pittsburgh, or a rural county, you know exactly what to expect and how much it might cost.
Step-by-Step Eviction Process in Pennsylvania
Step 1: Serving the Notice to Quit
Before filing any court documents, a landlord must provide the tenant with a formal written Notice to Quit. The length of this notice depends on the reason for eviction. For non-payment of rent, Pennsylvania law requires a 10-day notice. If the eviction is due to a lease violation or the end of a lease term, the landlord must provide a 15-day notice (for leases of one year or less) or a 30-day notice (for leases over one year).
Step 2: Filing the Landlord-Tenant Complaint
If the tenant does not move out by the end of the notice period, the landlord must file Form AOPC 310A, Pennsylvania, Administrative Office of Pennsylvania Courts, Landlord-Tenant Complaint. In most of the state, this is filed at the local Magisterial District Court, Harrisburg, Magisterial District Court, Scranton, or another local district court. Once filed, the court will schedule a hearing, usually within 7 to 15 days.
Magisterial District Court Hearings
At the hearing, both the landlord and the tenant have the opportunity to present their case, including lease agreements, rent receipts, and witness testimony. If the judge rules in favor of the landlord, they will issue a judgment for possession and any money owed. However, the tenant is not forced to leave immediately. The law grants a mandatory waiting period before the landlord can take the property back.
The 10-Day Appeal Window
After the judge makes a ruling, the tenant has 10 days to file an appeal. If the tenant files an appeal with the local Court of Common Pleas, such as the Court of Common Pleas, Allentown, they may be able to stay in the property while the appeal is pending, provided they pay rent into a court escrow account. This can significantly extend the eviction process timeline by several months.
The Final Step: Order for Possession and Constable Lockout
If the tenant does not appeal within 10 days, the landlord can request an Order for Possession. Once issued, a state constable or sheriff will serve this order to the tenant, giving them exactly 11 days to vacate the premises. If the tenant is still in the property after those 11 days, the constable will physically lock them out. Only a sworn law enforcement officer can perform this lockout.
County-Specific Delays: Philadelphia vs. Rural PA
The eviction timeline can vary wildly depending on geography. In rural areas, Magisterial District Courts often have lighter dockets, meaning hearings and constable lockouts happen right on schedule. Conversely, if your property is in Philadelphia, you must file with the Philadelphia Municipal Court, Philadelphia. Due to a heavy backlog of cases and mandatory diversion programs (where landlords and tenants must attempt mediation), the timeline in Philadelphia can easily stretch to 3 or 4 months.
How Much Does an Eviction Cost in Pennsylvania?
The cost to evict a tenant can add up quickly. Landlords must pay filing fees, service fees, and eventually constable fees to regain possession of their property. If you hire a local eviction lawyer from our directory, attorney fees will be an additional cost.
| Eviction Expense | Estimated Cost in PA |
|---|---|
| Notice to Quit Delivery (Certified Mail) | $8 - $15 |
| Magisterial Court Filing Fee | $100 - $150 |
| Service of Summons Fee | $30 - $50 |
| Order for Possession / Constable Lockout Fee | $100 - $150 |
Frequently Asked Questions (FAQ)
Can a landlord physically remove a tenant in PA?
No. Under Pennsylvania law, a landlord cannot change the locks, shut off utilities, or physically remove a tenant. Only a court-appointed constable or sheriff can perform a lockout after winning a court judgment.
Does the eviction stop if the tenant pays the past-due rent?
Yes, generally known as the right to Pay and Stay. If the eviction is solely for non-payment of rent, the tenant can stop the eviction by paying the full amount owed, including court costs, at any time before the constable executes the final lockout.
Do I need a lawyer to evict someone in Pennsylvania?
While landlords are legally allowed to represent themselves in Magisterial District Court, hiring a lawyer is highly recommended to ensure all notices are perfectly drafted, preventing a judge from throwing out the case due to a technical error.
How long is a Notice to Quit for drug-related criminal activity?
If a tenant is involved in documented illegal drug activity on the premises, Pennsylvania law allows the landlord to issue an expedited 10-day Notice to Quit, regardless of the lease term.
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