Pennsylvania Statewide Rule
Pennsylvania Eviction Notice Requirements
Key Facts
- Statute
- 68 P.S. Section 250.501
- Nonpayment of rent
- 10 days notice
- Term of 1 year or less
- 15 days notice
- Term over 1 year
- 30 days notice
- Lease override
- May shorten or waive notice
Summary
Under 68 P.S. Section 250.501, a Pennsylvania landlord must serve a written notice to quit before eviction: 10 days for nonpayment of rent, and 15 days (term of one year or less) or 30 days (term over one year) at term-end or breach. The lease may shorten or waive the notice.
Section 501. Notice to Quit.-(a) A landlord desirous of repossessing real property from a tenant except real property which is a mobile home space as defined in the act of November 24, 1976 (P.L.1176, No.261), known as the "Mobile Home Park Rights Act," may notify, in writing, the tenant to remove from the same at the expiration of the time specified in the notice under the following circumstances, namely, (1) Upon the termination of a term of the tenant, (2) or upon forfeiture of the lease for breach of its conditions, (3) or upon the failure of the tenant, upon demand, to satisfy any rent reserved and due. (b) Except as provided for in subsection (c), in case of the expiration of a term or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one year or less or for an indeterminate time, the notice shall specify that the tenant shall remove within fifteen days from the date of service thereof, and when the lease is for more than one year, then within thirty days from the date of service thereof. In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall remove within ten days from the date of the service thereof.
Full Breakdown
68 P.S. Section 250.501 sets the predicate notice to quit. In "case of failure of the tenant, upon demand, to satisfy any rent reserved and due," the notice must give the tenant ten days to remove. For termination at the end of a term or forfeiture for breach, the tenant gets 15 days when the lease is "for a term of one year or less or for an indeterminate time" and 30 days when it is "for more than one year." Service may be personal, by leaving it at the principal building on the premises, or by posting. The notice "may be for a lesser time or may be waived by the tenant if the lease so provides." Only a court judgment for possession, executed by a constable or sheriff, may carry out the removal; self-help is prohibited.
Violations & Penalties
No specific statutory penalty for the notice itself, but filing without a valid notice to quit is grounds for dismissal. Self-help eviction, such as changing locks or removing belongings, exposes the landlord to liability; removal requires a court order executed by an officer.
Frequently Asked Questions
How many days notice for a nonpayment eviction in Pennsylvania?
Can a Pennsylvania landlord evict without going to court?
Can a lease waive the eviction notice in Pennsylvania?
Sources
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