As a landlord in Pennsylvania, if you need to evict a tenant who has not paid rent, you must follow the legal procedure for eviction. Here are the steps to follow:
- Provide a notice to the tenant: Before starting the eviction process, you must first provide a written notice to the tenant stating that they are behind on rent payment and giving them a specific deadline to pay. The notice should also state that if the tenant fails to pay the rent after the deadline, you will file an eviction lawsuit. In Pennsylvania, there are two types of notices, namely the 10-day notice and the 15-day notice. The type of notice you serve depends on the lease agreement.
- File a complaint with the Magisterial District Court: If the tenant does not pay the rent or vacate the property by the deadline, you can then file a complaint with the Magisterial District Court. You will need to pay the filing fee and attach a copy of the lease agreement, notice of eviction, and evidence of payment default. The court will issue a summons to the tenant, informing them of the eviction lawsuit.
- Attend the hearing: You and tenant must attend the eviction hearing. At the hearing, you must present your evidence in front of the judge who will decide whether to award the eviction. If the court award eviction, the courtroom deputy will give you the Order of Possession.
- Follow the eviction order: After the judge awards eviction, the tenant must vacate the property on or before the date stated in the eviction order. If the tenant still remains on the property, you may request the sheriff to remove the tenant and their belongings from the property. Pennsylvania landlord-tenant laws prohibits self-help evictions.
It is also essential to note that you cannot take any action such as cutting off utilities or changing the locks to force the tenant to leave the property. Such actions are illegal, and the tenant can sue you for damages. If you have any legal questions or hesitations, seek the advice of an experienced attorney.
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