Pennsylvania Eviction Defense — Your Hearing Guide

For: Residential tenants who received a "Recovery of Real Property" complaint

Court: Magisterial District Judge (MDJ) Court — or Philadelphia Municipal Court

Document: Written Statement of Defenses for your hearing

What Is Happening

Your landlord filed a Landlord and Tenant Complaint at the local MDJ court

(or Philadelphia Municipal Court if you live in Philadelphia). The court

sent you a Notice telling you to appear on a specific date and time.

That date is not optional. If you do not show up, the judge will enter

a default judgment giving the landlord possession of your home. A constable

can then remove you.

Pennsylvania Is Different from Other States

In most MDJ courts, there is no formal written "Answer" that you file

before the hearing. You appear on the hearing date and tell the judge

your side of the story in person.

What you CAN file before the hearing:

A cross-complaint (also called a counterclaim) if you have claims against

your landlord — for example, if they owe you money for repairs they failed

to make, or for a security deposit they never returned.

Your Key Rights Under Pennsylvania Law

Landlord must give you 10 days written notice before filing.

Under 68 P.S. § 250.501, your landlord MUST give you written notice before

suing. For non-payment of rent, that notice must give you at least 10 days

to pay. For other lease violations, notice is 15 days (for 1-year or shorter

leases) or 30 days (for longer leases). If the landlord filed without proper

notice, the case must be dismissed.

You can stop the eviction by paying rent even after judgment.

Under 68 P.S. § 250.503(c), at any point BEFORE a constable physically

removes you, you can stop the eviction by paying the full rent in arrears

plus costs directly to the constable or sheriff. Keep this option in mind.

You have 10 days to appeal if you lose.

Under 68 P.S. § 250.513, if the MDJ rules against you, you have 10 days

to appeal to the Court of Common Pleas. (30 days if you are a domestic

violence victim with a protection from abuse order.)

To stay in your home during the appeal, you must deposit the amount of

the judgment with the court's prothonotary.

Your security deposit must be returned within 30 days.

Under 68 P.S. § 250.512, your landlord must return your deposit (or give

you a written itemized list of deductions) within 30 days after you leave.

If they miss this deadline, they lose ALL right to keep any of the deposit.

If they fail to return it, you can sue for DOUBLE the withheld amount.

Security deposit limits.

Under 68 P.S. § 250.511.1, your landlord cannot require more than 2 months'

rent as a security deposit in year 1, or more than 1 month's rent in year 2

and beyond.

Your tenants' organization cannot be used against you.

Under 68 P.S. § 250.205, your landlord cannot evict you because you joined

or participated in a tenants' organization or association.

Before Your Hearing: What to Gather

• [ ] The court notice (it has your hearing date, time, and court address)
• [ ] Your lease or rental agreement (any version — even handwritten)
• [ ] Rent payment records: receipts, bank statements, money order stubs,

Venmo/Cash App screenshots, text messages confirming payment

• [ ] Any written notices you sent to your landlord (especially repair

requests or complaints about conditions)

• [ ] Any notices from city or county agencies about code violations
• [ ] Photos or videos of any problems with the apartment
• [ ] All text messages or emails with your landlord
• [ ] Photo ID

Step-by-Step: What to Do

Step 1: Look up your MDJ court.

Your notice has the court address. If you cannot read it, search for your

Magisterial District Judge on the PA Courts website:

https://www.pacourts.us/courts/magisterial-district-courts

Philadelphia tenants: Your court is the Philadelphia Municipal Court,

Landlord-Tenant Division, 34 S. 11th Street, Philadelphia, PA 19107.

Phone: (215) 686-2990.

Step 2: Decide if you want to file a cross-complaint.

If your landlord owes YOU money — for repairs, a security deposit, or

damages from uninhabitable conditions — you can file a cross-complaint

against the landlord BEFORE the hearing. Go to the MDJ office and ask for

the civil complaint form. The filing fee is usually $50–$75. The MDJ will

schedule a combined hearing.

Step 3: Prepare your statement.

Use the Written Statement of Defenses document (provided with this guide)

to organize what you will say at the hearing. Fill in the blanks. Print

3 copies.

Step 4: Appear at the hearing.

Arrive 15 minutes early. Bring all your documents. When the judge calls

your name, say:

"Your Honor, I am [YOUR NAME], the Defendant. I am here to present my

defenses. May I briefly describe them?"

Then read your key defenses from the statement. Refer to your documents.

Stay calm and stick to facts.

Step 5: Know your options if you want to pay and stay.

If the dispute is only about unpaid rent and you can pay it, tell the

judge you are ready to pay the amount owed plus any court costs. Under

68 P.S. § 250.503(c), paying the landlord in full before the constable

physically removes you stops the eviction.

What to Say at the Hearing

If landlord did not give proper written notice:

"Your Honor, I never received a written 10-day notice to quit as required

by 68 P.S. § 250.501. Under Pa.R.C.P.M.D.J. Rule 503, the complaint must

allege that notice was given in accordance with law. The case should be

dismissed."

If you have paid your rent:

"Your Honor, I paid my rent in full. I have documentation here — [describe

your proof: bank statement, receipt, text message]. I would like to submit

this as evidence."

If conditions in the apartment are bad:

"Your Honor, the landlord has failed to maintain the property in habitable

condition. The following conditions exist: [describe]. I have photos and a

city inspection notice. Under Pennsylvania's Rent Withholding Act, 35 P.S.

§ 1700-1, this was a basis for withholding rent."

If you believe the eviction is retaliation:

"Your Honor, I believe this eviction is retaliation. On [DATE], I

[joined the tenants' association / reported conditions to the city /

made a formal repair request in writing]. This eviction action was filed

[X] days later. Under 68 P.S. § 250.205, this is prohibited."

After the Hearing

If the judge dismisses the case: The eviction is over. Your landlord

must start over with proper notice if they want to try again.

If the judge rules against you: Do not leave the courthouse without

asking the clerk about the APPEAL process. You have only 10 days to file

an appeal at the Court of Common Pleas. The appeal fee is typically $200–300.

You must deposit the rent amount with the prothonotary to stay in your home.

If you settle: Get any agreement in writing, signed by both parties,

and ask the judge to make it an order of the court. Keep your copy.

Free Legal Help in Pennsylvania

Pennsylvania Legal Aid Network

Find your local legal aid office: https://palawhelp.org

Statewide intake: 1-800-322-7572

Community Legal Services (Philadelphia)

Phone: (215) 981-3700

Website: clsphila.org

MidPenn Legal Services (Central PA)

Phone: 1-800-326-9177

Legal Services Corporation Referral

Phone: 1-800-521-1965

Website: www.lsc.gov/find-legal-aid

Philadelphia Municipal Court Self-Help Center

City Hall, Room 676 — volunteer attorneys available at no cost

Disclaimer

This guide and the Written Statement of Defenses are templates for

informational purposes only. They do not constitute legal advice and

do not create an attorney-client relationship. Pennsylvania law changes,

and your facts are unique.

For legal advice specific to your situation, contact your local legal

aid office or a licensed Pennsylvania attorney.

Jurist-Diction is not a law firm and does not provide legal advice.