what to do when someone does pay rent and contest eviction

Terminal Updated: November 8, 2021 by Elizabeth Souza

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Steps of the eviction process in Pennsylvania:

Detect is posted to correct the consequence/vacate.
If uncured and tenant remains, the complaint is filed and served.
Hearing is held and judgment issued.
If granted, writ of possession is posted.
Possession of property is returned to landlord.

Timeline. Evicting a tenant in Pennsylvania can take around one to 2 months, depending on the reason for the eviction. If tenants file an appeal, the procedure can take longer (read more than).

Questions? To chat with a Pennsylvania eviction chaser, Click hither

Introduction. Pennsylvania evictions are governed by the Landlord Tenant Act of 1951. It is important for landlords to follow these rules for a lawful eviction. Beneath are the private steps of the eviction process in Pennsylvania.

Footstep 1: Notice is Posted

Landlords in Pennsylvania tin begin the eviction process for several reasons, including:

Nonpayment of Rent – Once rent is past due, notice must be served on the tenant before the landlord can proceed with an eviction action.
Violation of Charter Terms / Rental Agreement – If a tenant violates a provision of a written lease or rental agreement, the landlord is not required to give the tenant the opportunity to correct the issue before moving frontward with the eviction process.
No Charter / Cease of Lease Term (Tenant at Will) – If in that location is no lease or the term of the lease has concluded, the landlord does non need any additional reason to finish the tenancy if proper notice is given.
Illegal Activeness – If a tenant is engaged in illegal drug activity, they must receive written notice before the landlord tin go along with the eviction process.

Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property.
Evicting a Squatter. If the private occupying the property did not have the permission of the landlord when initially moving in, does not take a lease (or exact agreement) and has no history of paying rent, then a landlord/tenant human relationship may not exist established. As a result, the normal eviction process may non exist applicable (read more).
How Eviction Notices Should be Served. Below are the options to serve discover in the state of Pennsylvania:
- The landlord or anyone who is eighteen years or older may deliver the observe in person.
- The landlord may post the observe in a conspicuous place at the rental unit.

Each possible basis for eviction has its own rules for how the process starts.

Eviction Procedure for Nonpayment of Rent

A landlord is allowed to evict a tenant for declining to pay hire on time.

According to Pennsylvania law, rent is considered late the day later it'southward due; grace periods, if whatsoever, are addressed in the lease or rental understanding.

Once rent is past due, the landlord must provide tenants with a 10-Day Notice to Quit if the landlord wants to file an eviction action with the courtroom. This detect gives the tenant the option to movement out of the rental unit within 10 days in guild to avoid eviction.

The notice must include the following information:

Proper name and accost of the tenant's rental unit.
The date the notice was served.
The reason for the notice.
The total amount due (including any late fees), where the payment should be made and whom the rent should be paid to.
A statement that the tenant has 10 days to pay and should include the exact twenty-four hours or the tenant should motility out.
An ultimatum that the landlord may bring forth an eviction lawsuit.
A argument including how the notice was given to the tenant (via personal delivery or by posting the notice on the tenant's door).

If the tenant remains on the belongings later on the discover menstruation expires, the landlord may proceed with the eviction procedure.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant tin be evicted in Pennsylvania if they do not uphold their responsibilities under the terms of a written lease or rental understanding.

The corporeality of notice landlords are required to requite depend on the type of tenancy and length of time the tenant has resided in the rental unit.

For at-will tenants and tenants who have lived in the rental unit for less than 1 yr, landlords must provide 15 days' written notice. For tenants who have lived in the rental unit for one year or more, landlords must provide 30 days' written notice.

Typical lease violations under this category could include having a pet when there'due south a no-pet policy, damaging the rental property or having too many people residing in the rental unit.

Note that illegal drug activeness is non included in this category.

If the tenant remains on the belongings after the notice period expires, the landlord may keep with the eviction process.

Eviction Process for No Lease / Stop of Lease

In the state of Pennsylvania, if tenants "concord over," or stay in the rental unit later the rental term has expired, then the landlord must give tenants discover before evicting them. This can include tenants without a written lease and calendar week-to-week and month-to-month tenants.

Frequently this blazon of eviction applies to tenants who are at the end of their lease and the landlord doesn't want to renew.

The amount of time required in the notice depends on the length and type of tenancy.

At-Will Tenants – If tenants don't accept a set termination date for tenancy, landlords must provide a 15-Day Notice to Quit.
Less Than One Year – If tenants have resided in the rental unit for less than i yr, landlords must provide them with a 15-24-hour interval Notice to Quit.
One Year or More – If tenants take resided in the rental unit for one year or more, a landlord must provide the tenant with a 30-Twenty-four hour period Notice to Quit.

If the tenant remains on the belongings subsequently the notice period expires, the landlord may continue with the eviction procedure.

Eviction Process for Illegal Activity

Tenants who are involved in illegal drug activity must exist given x Days' Notice prior to beginning an eviction activeness.

In Pennsylvania, illegal activity includes:

First conviction under the "Controlled Substance, Drug Device and Cosmetic Act" which includes the illegal sale, industry or distribution of a controlled substance.
Second violation of any provision of the Controlled Substances, Drug Device and Cosmetic Act.
Seizure of illegal drugs from rental unit past law enforcement.

If the tenant remains on the property afterward the notice period expires, the landlord may keep with the eviction process.

Step 2: Complaint is Filed and Served

Every bit the side by side pace in the eviction process, Pennsylvania landlords must file a complaint in the advisable court. Filing fees may vary, for example in Adams County, this costs $167-$222 depending on how much the tenant owes the landlord in back rent or other expenses.

The summons and complaint may be served on the tenant past a writ server, lawman, or sheriff prior to the hearing through one of the following methods:

Giving a copy to the tenant in person;
Mailing a copy to the tenant; or
Posting a re-create in a conspicuous identify on the rental unit of measurement.

A few days, depending on the service method chosen.

Step iii: Court Hearing and Judgment

The eviction hearing must exist held 7-10 days later the summons is issued by the court.

If the guess rules in favor of the landlord, a writ of possession will be issued and the eviction process will continue.

Either tenants or landlords may file an appeal.

For all tenants other than victims of domestic violence, the appeal must be filed within 10 days of the appointment the ruling is issued in favor of the landlord.

Victims of domestic violence have 30 days from the date of the ruling in the landlord'south favor to file an entreatment.

7-10 days. The hearing must be held at to the lowest degree vii, but not more than 10, days later on the summons is issued by the court.

Step four: Writ of Possession is Issued

The writ of possession is the tenant's final find to go out the rental unit of measurement and shall be delivered or posted on a conspicuous identify of the rental unit by a sheriff, constable, writ server. This allows the tenant the opportunity to remove their belongings before the sheriff or constable returns to the property to forcibly remove the tenant.

The writ will exist issued on the fifth day afterward the judgment is issued in favor of the landlord. The landlord must asking the writ, even so; it will not automatically issue.

Tenants can pay all past-due rent in full, plus any boosted court-ordered fees, prior to the issuance of the writ of possession and the eviction procedure will exist stopped.

Five days. The writ of possession will be issued on the fifth day after the judgment is issued in favor of the landlord.

Step 5: Possession of Property is Returned

Law enforcement officials must serve the writ of possession on the tenant within 48 hours of receiving it from the court.

Tenants will and so have 10 days to motility out before law enforcement officials return to forcibly remove tenants from the rental unit of measurement.

10 days. The tenant has 10 days to move out once the writ of possession has been posted on the rental holding.

Pennsylvania Eviction Procedure Timeline

Below is a summary of the aspects outside of the landlord's control that dictate the corporeality of time it takes to evict a tenant in Pennsylvania. These estimates can vary greatly, and some time periods may non include weekends or legal holidays.

Initial Find Period – Between 10 and 30 days, depending on the notice type and reason for eviction.
Issuance/Service of Summons and Complaint – A few days, depending on the service method chosen.
Court Hearing and Ruling on the Eviction – 7-x days later the summons is issued; longer if an entreatment is filed.
Issuance of Writ of Execution – Five days after the ruling in favor of the landlord.
Render of Possession – 10 days later on the writ is posted.

Questions? To chat with a Pennsylvania eviction attorney, Click here

Boosted Data

Tenant's Abased Personal Belongings. If a tenant leaves behind personal belongings subsequently an eviction, the belongings may be disposed at the discretion of the landlord. Before the landlord disposes the personal property, a written notice must be sent through kickoff class postal service to the tenant. The landlord must store all personal property; notwithstanding, the tenant is liable for any storage costs. The tenant has 10 days to claim the holding from the postmarked date or may request an additional xxx-day extension to claim the property.

Flowchart of Pennsylvania Eviction Process

For additional questions about the eviction procedure in Pennsylvania, please refer to the official legislation, Pennsylvania Unconsolidated Statutes 1951 Deed 20, for more than information.

Sources

one 1951 Act 20 §501 (2016): (b) …In case of failure of the tenant, upon need, to satisfy whatever rent reserved and due, the notice shall specify that the tenant shall remove inside ten days from the appointment of the service thereof.
2 1951 Act xx §501 (2016): (b) …in case of the expiration of a term or…breach of the conditions of the charter where the lease is for any term of one yr or less or for an indeterminate time…the tenant shall remove within fifteen days from the date of service thereof, and when the lease is for more than one year, so within thirty days from the date of service thereof.
three 1951 Human activity 20 §501 (2016): (d) In instance of termination due to the provisions of section 505-A, the detect shall specify that the tenant shall remove within ten days from the date of service thereof.
iv 1951 Human activity 20 §505-A (2016): (a) The following acts relating to illegal drugs shall exist a breach of condition of the lease… (1) The first confidence for an illegal auction, manufacture or distribution of whatsoever drug… (ii) The second violation of any of the provisions of "The Controlled Substance, Drug, Device and Cosmetic Deed"… (3) The seizure past law enforcement officials of any illegal drugs on the leased premises…
five 1951 Deed xx §502 (2016): (b) The summons may be served personally on the tenant, by mail or by posting the summons conspicuously on the leased bounds.
6 1951 Act 20 §502 (2016): (a) Upon the filing of the complaint…writ server, constable or sheriff to summon…the tenant to appear before the justice of the peace to answer the complaint on a engagement non less than vii nor more than x days from the date of the summons.
7 1951 Human activity 20 §513 (2016): (b) Within ten days after the rendition of judgment…or inside thirty days after a judgment…involving a victim of domestic violence, either political party may appeal…
viii 1951 Deed twenty §503 (2016): 3. (b) At the asking of the landlord, the justice of the peace shall, after the fifth day later on the rendition of the judgment, issue a writ of possession…This writ is to be served within no after than forty-8 hours and executed on the eleventh solar day following service upon the tenant of the leased premises.
ix 1951 Human action 20 §503 (2016): 3. (c) At whatever time before whatever writ of possession is really executed, the tenant may, in any instance for the recovery of possession solely because of failure to pay rent due, supercede and return the writ of no outcome by paying to the writ server, constable or sheriff the rent actually in arrears and the costs.

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Source: https://ipropertymanagement.com/laws/pennsylvania-eviction-process