Eviction

This section of PALawHelp.org has information and resources about issues relating to Eviction in Pennsylvania.

Tenants! Being Evicted?

Pennsylvania's Landlord and Tenant law says that you can be evicted if you don't pay rent; you don't live up to your end of the written or oral lease agreement; or the time for which you rented your dwelling is up, and the landlord wants you to move.

If you have a written lease, you have a right to stay in the home until the end of the lease term, as long as you live up to your end of the lease. If you do not have a written lease, in most circumstances the law considers you to have an oral month-to-month lease. Either you or your landlord can end the lease at the end of any month, for any reason or for no reason.
 
Under Pennsylvania law you cannot be evicted because of your race, color, religion, ancestry, national origin, sex, or age, or that of a household member; because you or a household member or an acquaintance is disabled or uses a guide dog or other support animal; or because you or a household member is pregnant or has children.

In addition, you cannot be evicted for exercising your legal rights (for example, complaining about bad housing conditions to local housing code officials) if your landlord is retaliating (getting back at you) by evicting you. You also may be able to prevent an eviction if you can prove that you didn't pay rent because the rented premises were unfit to live in.  More Information . . .

YOUR LANDLORD CAN ONLY EVICT YOU BY GOING TO COURT, which usually involves these important steps:

1. Written notice. Unless your lease says otherwise, your landlord must give you a written notice before filing an eviction case against you. The amount of time the eviction notice gives you to move depends on the length of your lease and the reason you are being asked to move.

The amount of time the eviction notice gives you to move depends on the length of your lease and the reason you are being asked to move. If you are being evicted because you did not pay rent, your landlord must give you a written notice at least 10 days before filing an eviction case.

If you are being asked to move for any reason other than nonpayment of rent, your landlord must give you a written notice

  - 15 days before filing an eviction case, if your lease is for one year or less; or
  - 30 days before filing an eviction case, if your lease is for more than one year.

Your lease can give a longer or shorter notice, or no notice at all.

2. Court hearings. The eviction hearing will usually be before a Magisterial District Judge. Your landlord cannot just move you out, lock you out or take your personal property on their own. You have the right to appear at the hearing before the Magisterial District Judge with any witnesses or other evidence you have.

3. Appeal. If you lose at this hearing but have a good defense, you may appeal to appeal to a higher court, but you only have ten (10) days to file the appeal. To stay in your home during the appeal you must(1) Pay a bond into court when you file the appeal. This is generally the amount of rent in the judgment or 3 month's rent whichever is less, unless you can show that you are an indigent tenant, and (2) Continue to pay your ongoing rent into the court while the appeal is pending.

Continue reading for more information on the eviction process . . .

Additional information on eviction going to court and other issues related to eviction can be found below.

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