The eviction process is the only legal means by which a landlord can get a tenant to leave their home. Landlords usually file eviction actions because of a violation of the lease terms, such as non-payment of rent or damages done by tenants.
Notice to Quit
Generally, an eviction process starts when the landlord serves the tenant a written eviction notice, called a Notice to Quit, stating that the landlord wants the tenant to leave the apartment or home.
These notices usually give the tenant between 10 and 30 days to leave the home. Some leases will waive a tenant’s right to this notice, but such a waiver may not be enforceable if it is not clear and in plain language. Review your lease to find if there is a clause about notices required for eviction.
| If you are being evicted for: | The Notice must give you: |
| Non-payment of rent | 10 days |
| Certain drug-related criminal activity in or near your apartment by you, household members or guests | 10 days |
| Breach of lease other than nonpayment of rent | 15 days |
| End of lease (one year or less) | 15 days |
| End of lease (more than one year) | 30 days |
| Mobile home park tenant- | |
| Failure to pay between April 1 and August 1 | 15 days |
| Failure to pay between September 1 and March 31 | 30 days |
If a tenant does not leave the home by the end of the notice period, the landlod may file a Landlord-Tenant complaint with the local Magisterial District Judge , The tenant will receive a Recovery of Real Property Hearing Notice and the Landlord and Tenant Complaint filed by the landlord, bith by mail and by a Constable, either hand-delivered or posted on your door, which will include the date, time and location of the hearing. The landlord must attend this hearing and the tenant should attend to present any defenses or claims.
Questions About the Hearing
- What is a ‘Magisterial District Judge ’?
- A Magisterial District Judge (MDJ ) is a locally elected official who can decide small civil lawsuits such as landlord-tenant matters. MDJs are also called a magistrates or district justices.
- Do I Need an Attorney?
- No. Lawyers are not required during the hearing. It would be to your benefit to have a lawyer present at the hearing.
- Can I Sue My Landlord
- Yes. You should file a cross-compliant for return of your security deposit or if the landlord took or damaged any of your property.
Should I Go to the Hearing?
Yes! If you fail to appear at the hearing, the MDJ will decide in favor of the landlord. The hearing gives you a chance to present your “defense” or “cross-complaint” against your landlord. You should go even if you made an agreement with your landlord or your landlord said the hearing was canceled. If you cannot go on the scheduled date of the hearing, call the MDJ and ask if the hearing can be rescheduled. The MDJ should grant your request if you have good cause. Special Circumstances The following are common occurrences and questions that may come after receiving an eviction notice or after a District Judge’s Decision.
My Landlord Has threatened to Lock Me Out. Can the Landlord Do So?
The Landlord is not allowed to lock you out of your apartment even if you are behind in your rent. The landlord must follow the eviction procedure in this booklet if he wants the tenant to vacate the apartment or house. The landlord also cannot turn off services (for example: water, electricity, heat) to the apartment. If your landlord has threatened to lock you out, you should carry a copy of your lease with you, if you have one, or copies of any current utility bills as evidence that you live in the apartment or home. If your landlord does lock you out or turns off services, contact NPLS or a private attorney immediately for assistance. (See “Finding a Lawyer” in the Knowledge Base).
My Situation is Special – I Can’t Be Evicted, Right?
Wrong. If you don’t pay your rent on time or violate your lease in some way, the landlord can file an eviction action against you. It doesn’t matter if you are a senior citizen, disabled, or you have several children, you have the same responsibilities as other tenants. If you have an unexpected loss of income or another reasonable explanation why you fell behind in the rent, the district judge may allow you to remain in the unit if you pay the money judgment in full. (SeePossession Granted if Money Judgment Not Satisfied (“Pay and Stay”) in the Knowledge base article, After the Eviction )
I Do Not Have Anywhere to Go. What Should I Do?
You need to find a place for both you and your belongings. You should not leave your possessions behind. Your landlord must safeguard your possessions but not for an unlimited amount of time and he can charge you a storage fee. However a landlord cannot hold your possessions until you pay the rent you owe. If this occurs, then contact NPLS or a private attorney immediately for assistance. (See “Finding a Lawyer” in the Knowledge Base). If you cannot find a new place to live, then contact family or friends. You should also contact local shelters, although they usually have long waiting lists (See Emergency Shelter in the Knowledge Base ). You may also call hotels for a temporary place to stay.
| MDJ schedules hearing | 7-15 days after landlord files complaint |
| MDJ will enter judgment at conclusion of the hearing or within… | 3 days |
| Order of Possession obtained by Landlord | After the 10th day following judgment |
| Office executing the 10 days order of possession can evict the occupants if they remain on the premises more than | 10 days after service of the order of possession |
| Appeal to Common Pleas | |
| If judgment affects delivery of possession of residential property, appeal within… | 10days after judgment |
| If judgment is for money, or possession of non-residential property, appeal within.. | 30 days after judgment |
