As a real estate investor in Philadelphia, dealing with problem tenants can be a real headache. From non-payment of rent to property damage and illegal activities, sometimes eviction becomes the only viable option. However, evicting a tenant in Philadelphia can be a complicated process that requires strict adherence to the law. In this guide, we'll walk you through the eviction process in Philadelphia and provide tips and resources to help you navigate it successfully.
Estimated Eviction Process Timeline
Before we get into the practical details of the eviction process, let's take a quick look at the estimated timeline for eviction in Philadelphia. The timeline can vary depending on a variety of factors, but here is a rough estimate:
- Eviction Notice/Notice to Vacate: 30-90 days.
- Landlord-Tenant Complaint – sets the hearing date: 10+ business days
- The Hearing: Judgement issued within 5 business days
- Order of Possession: 15 days after Judgement of Possession is entered
To sum it up, a Philadelphia eviction, from eviction notice to removing the tenant, could take roughly 2-4 months. Assuming the tenant does not appeal would complicate matters.
The Best Way to Approach a Philadelphia Eviction
Before we dive into the specific steps of how to evict a tenant in Philadelphia, it's important to note that eviction should be a last resort. If possible, it's always best to try to work out a solution with the tenant that benefits both parties. Here are a few strategies and resources that may help defuse your situation:
- Break the lease: If it’s just a matter of the tenant wanting a few extra days to stay in the rental, this may be preferable to spending the time/money on an eviction.
- Provide government resources for tenants having trouble making rent payments: Find Rent Assistance Programs in Pennsylvania, More Rent Assistance Resources, City of Philadelphia Rent Assistance.
- Payment Plan: If the tenant is going through a rough patch, such as being temporarily unemployed, but assistance isn’t available or sufficient, you may be able to find an alternative payment plan to make up the missed payments.
- Cash for keys
- Mediation
Now, let us move on to the specific steps of how to evict a tenant in Philadelphia.
Step 1: Eviction Notice/Notice to Vacate
The first step in the eviction process is to serve the tenant with an eviction notice, also known as a Notice, to Vacate. The eviction notice should include the following information:
- Date the Notice was served to the tenant.
- Tenant name
- Address/Rental Unit
- Reason for eviction
- Required move-out date.
- Statement of how the notice is being delivered.
Per Section 250.501 of PA law, there are three permissible ways to evict a tenant in Philadelphia:
- End of lease – you may state you simply don’t wish to renew the lease.
- Breach of lease – you would state the breach, which you are able to corroborate with evidence.
- Non-payment/back rent – you would include the total amount past due, any late charges, and where/who the late charges should be sent.
The move-out date is determined by the type of lease and the reason for eviction. While the above-mentioned notification times are Pennsylvania’s set standard, the landlord has the right on the lease to waive the above-referenced notification period, except on any public, subsidized, and Section 8 leases. Here are the required move-out dates:
- 30 days for leases less than 1 year (including month to month) if the term has ended or for breach of lease.
- 90 days for leases of a year or more if the term has ended or for breach of lease.
- 10 days for non-payment unless otherwise specified in the lease agreement.
- 15 days between April-September for non-payment.
- 30 days between September-April for non-payment.
The eviction notice must be personally delivered to the tenant or posted somewhere visible for the tenant, such as on the door. It cannot be mailed, even if certified. Keep very specific records of how this was delivered, including the date, time, method of delivery, who it was given to if direct, or take a time-stamped photo if posted on the door. The more details you record, the less believable it will be if the tenant tries to claim they didn’t receive the notice.
Step 2: Landlord-Tenant Complaint – Sets the Hearing Date
If the tenant does not vacate the premises by the required move-out date, the next step is to file a Landlord-Tenant Complaint with the Philadelphia Court of Common Pleas. This form sets the hearing date and must be served to the tenant.
Once the form is submitted to the court, it may take 10+ business days to have a set court date. This may vary depending on multiple factors, such as the time of year (i.e. holidays) and if the courts are back-up due to, say… a pandemic.
Step 3: The Hearing
At the hearing, both parties will have the opportunity to present their case to the judge. The judge will then issue a judgment, either at the hearing or within five business days after the hearing.
If the tenant appeals the judgment, it may take 9-12 months to get a court date.
Step 4: Order of Possession
If the judgment is in favor of the property owner, the landlord can obtain an Order of Possession 15 days after the Judgment for Possession is entered. The landlord may have law enforcement give the tenant an “Order of Possession,” and the date to vacate given on the Order cannot be less than 15 days from the date the tenant is given the Order.
Therefore, the least amount of time law enforcement can remove the tenant from the premises is 30 days after the Judgment of Possession.
What NOT to do When Evicting a Tenant in Philadelphia
Before we wrap up this guide, it's important to highlight a few things you should NOT do when evicting a tenant in Philadelphia:
- Discriminate, specifically towards race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap, or disability.
- Improper or Self-Help Eviction, as defined in Section 9-1602 (i.e. changing the locks, cutting off utilities, threatening the tenant, using force, etc.).
- Neglect maintenance that affects the habitability of the property (i.e. no heat during winter, major sewage issues, pest infestation, etc.).
If you're found guilty of such a claim, you may be looking at a minimum of a $100 fine for each day of the offense, or in extreme cases, imprisonment. Plus, the tenant would have grounds to withhold rent in this circumstance. It’s just an overall terrible tactic that should be avoided.
The second piece of advice is to try to avoid an eviction altogether, if possible. It’s in both the landlord and tenant's interest after all, as a Philadelphia eviction can be costly for both parties.
The Best Way to Approach a Philadelphia Eviction
The best way to approach a Philadelphia eviction is to have a solid understanding of the process and to take a proactive approach to avoid the situation if possible. Here are a few strategies and resources to help defuse your situation:
Break the Lease
If it’s just a matter of the tenant wanting a few extra days to stay in the rental, breaking the lease may be preferable to spending time and money on an eviction.
Rent Assistance Programs
If the tenant is having trouble making rent payments, you could provide the following government resources for tenants:
- Find Rent Assistance Programs in Pennsylvania
- More Rent Assistance Resources
- City of Philadelphia Rent Assistance
Payment Plan
If the tenant is going through a rough patch, such as being temporarily unemployed, but assistance is not available or sufficient, you may be able to find an alternative payment plan to make up the missed payments.
Cash for Keys
This is a strategy where the property owner offers the tenant a certain amount of money to vacate the property. It may be a good option if the tenant is willing to leave amicably.
Mediation
Mediation is a process where a neutral third party helps the landlord and tenant reach a mutually acceptable agreement. This is a good option if both parties are willing to negotiate and compromise.
What to Include on a Philadelphia Eviction Notice
When serving an eviction notice, there are certain things that must be included. Here are the essential components of a Philadelphia eviction notice:
- Date the Notice was served to the tenant.
- Tenant name
- Address/Rental Unit
- Reason for eviction
Per Section 250.501 of PA law, there are three permissible ways to evict a tenant in Philadelphia:
- End of lease – you may state you simply do not wish to renew the lease.
- Breach of lease – you would state the breach, which you are able to corroborate with evidence.
- Non-payment/back rent – you would include the total amount past due, any late charges, and where/who the late charges should be sent.
- Required move-out date.
The move-out date is determined by the type of lease and the reason for eviction. If the lease is less than one year, the required move-out date is 30 days for the end of the lease or breach of lease, and 10 days for non-payment. If the lease is one year or more, the required move-out date is 90 days for the end of the lease or breach of lease, and 15-30 days for non-payment, depending on the time of year.
- Statement of how the notice is being delivered.
The eviction notice must be personally delivered to the tenant or posted somewhere visible for the tenant, such as on the door. It cannot be mailed, even if certified.
Required Documents for Filing a Philadelphia Eviction
Before filing for a Philadelphia eviction, it is important to make sure you have all the required documents. Here are the most important documents you’ll need:
- A Philadelphia housing rental license, valid throughout the lease
- A Certificate of Rental Suitability, which must be valid throughout the lease and when you file for the eviction.
- The lease agreement with the Partners for Good Housing Handbook
- Documentation to support your complaint, such as correspondence between yourself (landlord) and the tenant, photographs, invoices, estimates, canceled/bounced checks, bank statements, witness statements, or any other documentation that can be submitted Forgot something? No need to kick yourself in the caboose. Whatever was not attached to the original filing can be sent to the tenant’s attorney at least 10 days prior to the trial.
It’s important to note that novice investors who buy homes in Philadelphia may not realize the required documents to be one of those “we buy houses in Philadelphia” rental tycoons.
Before filing for a Philadelphia eviction, please make sure you have the following documents, most of which are required by Section PM-102.6 of the Philadelphia Property Maintenance Code:
- A Philadelphia housing rental license, valid throughout the lease.
- A Certificate of Rental Suitability, which must be valid throughout the lease and when you file for the eviction.
- Upon execution, provide the tenant with a copy of the lease with the Partners for Good Housing Handbook.
- If applicable, make sure you are in compliance with the Lead Paint Disclosure and Certification Law before initiating the lease.
If you would like more Pennsylvania-specific information on this topic, check out this video.
The Eviction Process Timeline
It’s important to have a solid understanding of the eviction process timeline in Philadelphia. Here are the general steps:
- Eviction Notice/Notice to Vacate
If the term has ended or for breach of lease, the notification time is 30 days for leases less than 1 year (including month to month), and 90 days for leases of a year or more. If for non-payment, the notification time is 10 days unless otherwise specified in the lease agreement.
- Landlord-Tenant Complaint – sets the hearing date.
Once this form is submitted to the court, it may take 10+ business days to have a set court date. This may vary depending on multiple factors, such as the time of year and if the courts are backlogged.
- The Hearing
The Judgment will be issued either at the hearing or within 5 business days after the hearing. An appeal may be filed within 30 days from when the Judgment is entered. If the tenant appeals, it may take 9-12 months to get a court date.
- Order of Possession
15 days after the Judgment for Possession is entered, the landlord may have law enforcement give the tenant an “Order of Possession.” The date to vacate given on the Order cannot be less than 15 days from the date the tenant is given the Order.
Therefore, the least amount of time law enforcement can remove the tenant from the premises is 30 days after the Judgment of Possession.
To sum this up: a Philadelphia eviction, from eviction notice to removing the tenant, could take 2-4 months. Assuming the tenant doesn’t appeal, which would complicate matters.
Note: as of January 1st, 2022, the city of Philadelphia has created the Eviction Diversion Program. This program allows landlords and tenants the option to arrive at an agreement that works for both parties without going to court. Reach out to the city to learn how this program works and get updated facts on the laws currently in 2023.
About Del Val Realty & Property Management
Mike Lautensack is the owner of Del Val Realty & Property Management, where they manage close to five thousand rental units in and around Philadelphia. If you want more information on how to evict a tenant in Philadelphia, please visit https://www.delvalproperty.com/.