A Guide to the Eviction Process in Bucks County, Pennsylvania

Key Takeaways

• Pennsylvania landlords must follow a strict legal eviction process, starting with the correct Notice to Quit and proceeding through court filings, hearings, and enforcement by a sheriff or constable.
• Notice requirements vary by situation, including 10 days for nonpayment of rent or illegal activity, and 15 or 30 days for lease violations or holdover tenants depending on the length of tenancy.
• Even after winning in court, landlords must wait for required timeframes and obtain a Writ of Possession, as only law enforcement can legally carry out the physical eviction.

Learn the ins and outs of the eviction process in Pennsylvania with our comprehensive guide. From notices to court proceedings, we’ve got you covered.

The eviction of a tenant follows a clear legal process. Therefore, a landlord must follow what the law says in order for it to be successful. In Pennsylvania, the eviction process is governed by the Landlord-Tenant Act of 1951.

Understanding this process is crucial, as even a small mistake, such as serving the wrong notice or missing a deadline, can delay the eviction or result in the case being dismissed altogether.

For landlords in Bucks County and throughout Pennsylvania, staying compliant with current regulations is key to protecting both your rental income and your property.

Evictions can arise for a variety of reasons, including nonpayment of rent, lease violations, or tenants remaining in the property after their lease has ended. While the process may seem straightforward, each situation comes with specific legal requirements that must be followed carefully.

Additionally, Pennsylvania law continues to emphasize tenant protections, meaning landlords must ensure their actions are legally justified and properly documented at every stage.

Whether you’re dealing with a difficult tenant or simply preparing for the possibility of future disputes, having a solid understanding of the eviction process can save you time, stress, and potential legal costs.

Working with experienced property management professionals like those at Keyrenter BuxMont can also help ensure that every step is handled correctly and efficiently.

Whether you’re a landlord looking to evict a tenant from your Pennsylvania rental property or are simply looking to refresh your knowledge, this guide should be helpful.

Pennsylvania Eviction Notice

Under Pennsylvania eviction laws, landlords must ensure that they follow the correct procedure and have justified cause for doing so. 

Serving a Notice to Quit informs the tenant that the landlord intends to terminate the lease if the issue is not resolved within the required timeframe. However, for you to serve one, there must be a legal reason. 

The following are acceptable reasons for a tenant eviction in the state of Pennsylvania:

• Tenant fails to make timely rental payments
• Violation of the lease
• Tenant fails to move out after their lease ends
• Engaging in an illegal activity

Each ground for eviction comes with its own unique rule for how it should be carried out.

Tenants Who Fail to Pay Rent

Pennsylvania landlord-tenant law allows landlords to evict a tenant for not having paid the rent when it was due. State law considers rent to be late a day after it is due. The landlord can address the grace period to pay, if any, in their lease agreement.

Once rent is due, a landlord must provide the tenant with a 10-Day Notice to Quit if they wish to evict them. This will give the tenant a maximum of 10 days to move out of their rented premises. 

In many cases, tenants can stop the eviction by paying the full amount owed within the notice period, unless the lease agreement includes a valid waiver of notice provisions. 

The notice must include some important information such as:

• The rental unit’s address and the name of the tenant
• The day the eviction notice was served
• Reason to evict, for example, unpaid rent
• The amount of rent that’s due to the landlord
• A statement telling the tenant that they have 10 days to pay the rent due and when they should move out

If the tenant doesn’t move out after 10 days, the landlord may proceed with filing for the eviction.

Tenants who Violate the Written Lease Agreement

A lease violation is another common cause of tenant eviction in Pennsylvania. The amount of proper notice to give will depend on the type and length of the tenancy.

For at-will tenants and renters who’ve lived in the property for less than a year, the landlord must provide them with a 15-day written notice. For those who’ve lived in the unit for at least a year, a landlord must serve them a 30-day written notice. Lease violations that fall under this category include:

• Having a pet when there is a “no-pet policy”
• Subletting the property when it’s against the rental policy
• Smoking in the unit when it’s prohibited
• Causing excessive rental property damage at the premises
• Exceeding the rental unit limits by having too many people residing in it

If the tenant doesn’t move out after 15 or 30 days, a landlord may continue with filing an eviction.

“Hold Over” Tenants

A holdover tenant is someone who continues to use the property, even after their lease has expired. This is usually without the landlord’s explicit permission. But even without a written lease, Pennsylvania landlords are obligated to serve such tenants prior notice to evict them.

The amount of notice to provide them depends on the type of tenancy in operation. For at-will tenants, the landlord must provide them with a 15-day notice. The same notice applies to a tenant who has resided in the unit for less than a year.

For tenants who’ve stayed in the unit for at least a year, a landlord must provide them with a 30-day notice. If the tenant doesn’t move after the notice period has expired, the landlord may proceed with the process.

Tenants who Engage in Illegal Activity

In this case, a landlord must serve them a 10-Day Notice to Quit before commencing the action. Pennsylvania considers illegal activity as that which includes the following:

• The illegal sale, manufacture, or distribution of controlled substances
• Seizure of a controlled substance from the rental unit by a law enforcement agency
• If the tenant doesn’t move out after the notice period, a landlord can continue with the process.

Summons & Complaint

Next, the landlord must file a Landlord/Tenant Complaint with the appropriate Magisterial District Court. Note that court costs and filing fees for an eviction complaint could differ.

Unlike the eviction notice, the summons and complaint must be served to the tenant by a process server. This can either be a writ server, a sheriff, or a constable and carried out prior to the hearing. The service can be done in any of the following ways:

• Giving a copy of the summons and complaint to the tenant in person
• Mailing a copy to the tenant either through regular mail, certified mail, or registered mail
• Posting a copy in a conspicuous place on the rental unit

Court Hearing & Judgment

The eviction hearing typically occurs between 7 and 15 days after the summons is issued. The tenant can choose to fight it by providing any of the following defenses in court:

• It was discriminatory due to the tenant’s race, color, disability, or any other protected class
• It was in retaliation for the tenant exercising their right, such as reporting their Pennsylvania landlord to a government agency for failure to maintain the unit to acceptable standards.
• The Pennsylvania eviction process had errors such as sending the wrong notice
• It relied on false charges

Landlords should never attempt to remove a tenant without a court order, as ‘self-help’ evictions, such as changing locks or shutting off utilities, are illegal in Pennsylvania.

Writ of Possession

After the 10-day appeal period expires, the landlord can request an Order for Possession (also referred to as a Writ of Possession), which allows law enforcement to proceed with the eviction.

If the tenant doesn’t choose to fight it or the judgment ultimately favors the landlord, the court will issue them a Writ of Possession. This is the tenant’s final notice to leave the rental unit. Only a sheriff or a constable can enforce it by removing the tenant from the premises if they don’t move out on their own.

Before the physical eviction can occur, the landlord must request the writ after the 10-day appeal period has passed. Once served, the tenant is typically given at least 10 more days to vacate before the constable or sheriff can return to enforce the eviction.

This additional notice period provides tenants with a final opportunity to leave before enforcement action is taken.

If the tenant remains in the rental unit after the deadline outlined in the Writ of Possession, a constable or sheriff will return to the property to carry out the eviction.

At that point, the officer has the authority to remove the tenant and restore possession of the unit to the landlord. This is the only stage in the process where a tenant can be legally removed, and it must always be handled by authorized law enforcement.

Overall, the Pennsylvania eviction process can take several weeks to complete, depending on factors such as court scheduling, tenant compliance, and whether an appeal is filed. While some cases, such as straightforward nonpayment of rent, may move relatively quickly, contested cases can take longer to resolve.

Landlords should also be mindful of their responsibilities after the eviction is completed.

Pennsylvania law may require landlords to follow specific procedures regarding abandoned property, including providing notice and allowing time for retrieval, depending on the circumstances. Handling abandoned property improperly can expose landlords to additional legal risks.

Conclusion

In order for the Pennsylvania eviction process to be successful, a landlord must adhere to the state’s legal procedure. What’s more, they should familiarize themselves with the state’s landlord-tenant laws, security deposit laws, legal reasons for breaking a lease or rental agreement, and the Fair Housing Act.

If you’re a landlord and would like help staying informed of your legal responsibilities or managing your rental properties, Keyrenter Property Management BuxMont can help!

Disclaimer: The information provided in this blog is intended for general guidance only and does not constitute legal advice. Landlord-tenant laws may change over time, and you should consult a qualified attorney for advice specific to your situation.