Overview of PA Landlord Tenant Law

In Pennsylvania, a law governs the relationship between landlords and tenants. This law,passed by the Pennsylvania Legislature, says how a landlord/tenant situation will be handled.The Landlord/Tenant Act of 1958 regulates the interactions between landlords and tenants,including evictions. Landlords cannot take any action they wish to evict a tenant even if the tenant has not paid rent. In most instances, landlords must follow a set of procedures to evict a tenant.

If a landlord tries to use illegal eviction measures, like changing the locks or shutting off utilities, you can call the police. You should also contact your local legal services office. Legal services may be able to file for an injunction, which can prevent your immediate eviction. Again, if the landlord tries to illegally evict you by changing the locks or shutting off the utilities, you should contact your local legal services office in your county.

The law requires your landlord to give you a written notice of eviction. This notice will be a 10 or 15 day notice unless you have a written lease. The written lease may shorten the notice period or waive it altogether. After the notice period is over, the landlord must go the District Justice and file a Landlord/Tenant Complaint. The District Justice's office will schedule a hearing in 7 to 15 days. The landlord may ask for possession of the property and money damages for unpaid rent and damage to the property.

The District Justice will make a decision either at the hearing or within 3 days after the hearing. If the District Justice grants a judgment for possession to the landlord, the landlord can seek an Order for Possession after 10 days. You will then be served with another 10 day notice. When that 10 day notice expires, you can legally be physically removed from the premises by a constable or a sheriff.

The PA Landlord Tenant Law web site is designed to help you help yourself in dealing with your landlord/tenant problems. It provides information on filing a suit against a landlord; discusses some defenses you might have against your landlord's claims; and gives the special rules for mobile home parks,security deposits, and procedures in District Justice Court.

You do not need a lawyer to appear in front of a District Justice. You may file legal papers and represent yourself. This system is called pro se (which is Latin for “appearing for oneself”). MidPenn Legal Services is availible to represent everyone who is financially eligible for free or reduced cost legal services, so we have put together this packet of information and forms to help people to help themselves in Adams, Bedford, Berks, Blair, Centre, Clearfield, Cumberland, Dauphin,Fulton, Franklin, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry, Schuylkill and York counties.