Important Notice: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm. For legal representation, contact Philadelphia Legal Assistance — 215-981-3800, PA Legal Aid Network — 1-800-322-7572, or Philly Tenant Hotline — 267-443-2500.
Pennsylvania's Landlord and Tenant Act (68 P.S. § 250.101 et seq.) governs eviction procedure across the entire state. It sets mandatory notice periods, defines how notice must be served, and establishes the process for landlords seeking to remove tenants. Any failure to follow these requirements — even a technical one — is a complete defense.
Pennsylvania evictions begin in the Magisterial District Court — a local magistrate court that handles landlord-tenant disputes, small claims, and minor criminal matters. You have the right to appear, present evidence, and raise every defense available to you. If the MDJ rules against you, you have 30 days to appeal to the Court of Common Pleas for a completely new hearing.
Available Defenses Under Pennsylvania Law
Each can be raised at your MDJ hearing or on appeal to Common Pleas.
- 68 P.S. § 250.205Defective notice — wrong form, insufficient notice period, or improper service method
- Pugh v. Holmes (1979)Warranty of habitability — landlord failed to maintain the premises in livable condition
- 68 P.S. § 250.205Acceptance of rent after notice — landlord waived the right to evict by accepting payment
- 68 P.S. § 250.504-ARetaliatory eviction — eviction follows a good-faith complaint about housing conditions
- SCRA § 3951Military service — active-duty servicemember or qualifying dependent
- 68 P.S. § 250.501(b)Cure of nonpayment — tenant has the right to pay rent owed before judgment in some circumstances
- 68 P.S. § 250.504Utility shutoff / lockout — self-help eviction by the landlord is prohibited
Pennsylvania Notice Period Requirements
- Less than 1 year15 days
- 1 year or more30 days
- Nonpayment of rent10 days (or as specified in lease)
- Lease violation (cure option)15 days to cure, then 30-day termination notice
How to Respond to an Eviction in Pennsylvania
Know Your Notice Period
Pennsylvania notice periods depend on how long you have lived in the unit. For tenants with less than one year of residency: 15-day notice. For one year or more: 30-day notice. For nonpayment of rent, the notice must state the amount owed and the date by which you must pay. If the landlord did not follow these periods exactly, the eviction is premature.
Appear at the Magisterial District Court Hearing
Pennsylvania evictions begin in the Magisterial District Court (MDJ), also called the district magistrate court. You do not need to file a written answer — your right to defend yourself exists simply by appearing. Arrive on time, bring every document relevant to your case (lease, payment receipts, repair requests, photos), and bring copies to give to the judge.
Assert Your Defenses at the MDJ Hearing
State your defenses clearly and specifically. The most common: improper notice, acceptance of rent after notice (waiver), habitability failure, and retaliation. If the landlord accepted any rent payment after the notice was issued, bring the receipt — this can be a complete defense. If conditions are uninhabitable, bring photos and documentation of when you notified the landlord.
Appeal to the Court of Common Pleas Within 30 Days
If the MDJ rules against you, you have exactly 30 days to appeal to the Court of Common Pleas. An appeal gives you a brand-new hearing (de novo review) — the Common Pleas judge does not defer to the magistrate's ruling. Filing the appeal and paying the filing fee (waivable if you qualify under IFP rules) does not automatically stay the eviction. You must apply for a supersedeas bond or order.
Apply for a Supersedeas to Stay the Eviction
A supersedeas is a court order that pauses the eviction while your appeal is pending. You apply to the Court of Common Pleas simultaneously with your appeal. The court may require you to deposit ongoing rent into an escrow account while the appeal proceeds. Without a supersedeas, the landlord can enforce the MDJ judgment even while the appeal is pending.
Contact Legal Aid if You Need Help
Philadelphia Legal Assistance (215-981-3800) and Community Legal Services (215-981-3700) provide free representation in Philadelphia. Pennsylvania Legal Aid Network (1-800-322-7572) covers the rest of the state. If you are in the Pittsburgh area, contact Neighborhood Legal Services (412-255-6700). These organizations prioritize imminent eviction cases.
Related Resources
Pennsylvania Specific
Pennsylvania Eviction Defense Documents
Jurisdiction-correct eviction defense documents with affirmative defenses, notice challenges, and habitability arguments under Pennsylvania law. Includes filing instructions for MDJ court.
Disclaimer: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm and does not provide legal representation. For legal assistance in Pennsylvania, contact PA Legal Aid Network — 1-800-322-7572 or Philly Tenant Hotline — 267-443-2500.