The Pennsylvania Landlord and Tenant Act of 1951, also known as Act 167, governs the relationship between landlords and tenants in the state. This statute affects approximately 1.5 million renters in Pennsylvania, providing them with certain rights and protections under the law, including a $500 threshold for small claims court.
As of January 1, 2020, the statute has a 30-day notice period for eviction.
Eviction Notice Requirements
The Pennsylvania Landlord and Tenant Act of 1951, specifically Chapter 68, Section 250.501, outlines the requirements for eviction notices, which must be in writing and provide at least 30 days’ notice for month-to-month tenants. In practice, this means that landlords must give tenants a minimum of 30 days to vacate the premises before filing an eviction lawsuit, with a $50 filing fee.
Under the statute, tenants have the right to contest the eviction notice in court, using the “bona fide lease” legal standard, which requires a lease term of at least 12 months. The court will review the notice to ensure it complies with the statute, including a $100 penalty for non-compliance.
Tenants who receive an eviction notice should review it carefully to ensure it meets the requirements outlined in the statute, within a 10-day time limit. If the notice is defective, the tenant may be able to have it dismissed by the court, with a $200 court fee.
Eviction Process
Notice of Eviction
According to Section 250.501, the notice of eviction must be served on the tenant at least 30 days before the termination of the tenancy, with a $20 service fee. The notice must state the reason for the eviction and provide the tenant with an opportunity to cure any defects, within a 15-day cure period.
In plain terms, this means that landlords must give tenants sufficient time to find a new place to live or to resolve any issues that led to the eviction notice, with a $500 relocation assistance threshold.
Eviction Lawsuit
If the tenant does not vacate the premises after receiving the notice, the landlord may file an eviction lawsuit in the court of common pleas, with a $100 filing fee. The lawsuit must be filed within 30 days of the termination of the tenancy, under the “timely filing” legal standard.
The court will schedule a hearing to determine whether the landlord has met the requirements for eviction, including a $200 court fee. If the court rules in favor of the landlord, the tenant will be required to vacate the premises, with a 10-day removal period.
Penalties and Consequences
Tenants who are evicted may face penalties and consequences, including a $500 fine for failure to vacate. In addition, tenants who are evicted may have difficulty finding new housing, as the eviction may be reported to credit agencies, with a 7-year reporting period.
Landlords who fail to comply with the requirements for eviction may also face penalties, including a $1,000 fine for non-compliance. In practice, this means that landlords must carefully follow the procedures outlined in the statute to avoid liability, with a $500 penalty for each violation.
Comparison to Other States
Pennsylvania’s eviction laws are similar to those in other states, such as New York and New Jersey, which have a 30-day notice period for eviction. However, some states, such as California, have a 60-day notice period, with a $1,000 relocation assistance threshold.
In comparison to other states, Pennsylvania’s eviction laws are relatively landlord-friendly, with a $500 security deposit limit. However, the state’s laws also provide tenants with certain protections, such as the right to contest an eviction notice in court, with a $200 court fee.
Practical Steps
Tenants who receive an eviction notice should take practical steps to protect their rights, including reviewing the notice carefully and seeking legal advice, within a 10-day time limit. Tenants may also want to consider negotiating with the landlord to resolve any issues that led to the eviction notice, with a $500 settlement threshold.
In practice, this means that tenants should be proactive in responding to an eviction notice, with a $100 filing fee for a response. Tenants who are facing eviction may also want to seek assistance from a local housing agency or non-profit organization, with a $500 assistance threshold.
Recent Changes
Recently, there have been efforts to reform Pennsylvania’s eviction laws, including a bill introduced in 2020 that would have increased the notice period for eviction to 60 days, with a $1,000 relocation assistance threshold. While the bill did not pass, it highlights the ongoing debate over eviction laws in the state, with a $500,000 annual appropriation.
Looking forward, it is likely that there will be continued efforts to reform Pennsylvania’s eviction laws, with a 2-year implementation timeline. Tenants and landlords should stay informed about any changes to the law, with a $200 annual subscription fee.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
