Before your landlord can file for eviction in court, they must first give you written notice. This notice tells you what the problem is and gives you a chance to fix it or move out. There are three common types of notice: a Notice to Quit for non-payment of rent, a Notice to Quit for a lease violation (such as having a pet when the lease forbids it), and a Notice to Vacate at the end of a lease or rental period. Getting this notice does NOT mean you have to leave right away. It is the first step in a process that takes time. You have important rights at this stage. 

Your rights at this step:

• If you received a Notice to Quit for non-payment, you may be able to pay the rent owed before the notice period ends and stop the eviction. Pay in full and keep your receipt. 
• Continue paying rent on time during this period. Keep copies of checks, receipts, or money order stubs as proof. 
• Contact a free legal aid office as soon as you get a notice. An attorney can review your situation and tell you what options you have before anything is filed in court. 

⏱ Deadline: For non-payment of rent: 10 days’ notice is required. For lease violations: 15 days’ notice if the lease is less than one year; 30 days’ notice if the lease is one year or longer. For the end of a month-to-month tenancy: at least 15 days before the end of the rental period.

If you did not fix the problem or move out after the notice period, your landlord can file an eviction complaint at the Magisterial District Court (MDJ), sometimes called the district justice or magistrate court. The landlord files a “Landlord/Tenant Complaint” and pays a filing fee. After the complaint is filed, the court will mail you a Summons. The Summons tells you the date, time, and location of your hearing. Do not ignore this. You have the right to attend and tell your side of the story. 

Your rights at this step: 

• You have the right to attend the hearing and present your side. If you do not show up, the judge will likely decide in your landlord’s favor. 
• You have the right to bring evidence to the hearing: your lease, rent receipts, text messages, photos, repair requests, and any other documents that support your case. 
• You have the right to be represented by a lawyer or a legal aid advocate at the MDJ hearing. Contact legal aid as soon as you receive the summons. 

⏱ Deadline: After the complaint is filed, the hearing must be scheduled no sooner than 7 days and no later than 15 days from the filing date. You will receive a mailed notice. Act quickly, contact legal aid right away if you receive a summons.

At the MDJ hearing, both you and your landlord will have a chance to speak and show evidence. The judge will listen to both sides and can decide the same day. If the judge decides in favor of your landlord, this is called a “judgment for possession.” That means the court has found that the landlord has the right to take back the property. You do not have to leave immediately after a judgment; you still have the right to appeal. If the judge rules in your favor, the case is dismissed and you can stay in your home. A legal aid attorney or advocate can help you prepare for the hearing and represent you if possible. If you must represent yourself, bring all your documents and be ready to explain your situation clearly.

Your rights at this step: 

• You have the right to present your case at the hearing. You can speak, bring documents, and call witnesses to support you. 
• You can raise legal defenses. For example, if your landlord failed to fix serious problems in your home (like no heat or mold), you may be able to use that as a defense. Retaliation and housing discrimination are also valid defenses. 
• You may ask the judge for a continuance (a postponement) if you need more time to prepare or to find a lawyer. The judge may or may not grant it, but it is worth asking. 

If the MDJ judge has ruled against you, you have the right to appeal. An appeal takes your case to the Court of Common Pleas, which is a higher court. When you appeal, you get a brand-new hearing, a fresh start where you can present your full case again. Filing an appeal also puts a hold on the eviction while your case is pending, which means you may be able to stay in your home during that time. To appeal, you must file a Notice of Appeal at the Court of Common Pleas in your county. There is a filing fee, but if you cannot afford it, you can ask the court for a fee waiver. Talk to legal aid as soon as possible if you want to appeal; this deadline cannot be extended. 

Your rights at this step: 

• You have the right to appeal an MDJ judgment to the Court of Common Pleas in your county within 10 days of the judgment date. 
• If you cannot afford the filing fee to appeal, you can request a fee waiver called “in forma pauperis.” Ask the Court of Common Pleas clerk for the form or ask a legal aid attorney for help. 
• Filing a timely appeal generally puts the eviction on hold while the case is heard by the higher court. This can give you more time to find housing or resolve the situation. 

⏱ Deadline: 10 days from the date of the MDJ judgment. This is a strict deadline, if you miss it, you lose the right to appeal. Do not wait. Contact legal aid immediately if the MDJ ruled against you.

A Writ of Possession is a court order that allows a constable or sheriff to carry out the eviction. After the appeal period has passed (or an appeal has been decided against you), your landlord can request a Writ of Possession from the MDJ court. A constable or sheriff will then post a notice on your door giving you a set number of days to leave voluntarily. If you do not leave, the constable or sheriff will return to physically remove you and your belongings. It is important to know that a landlord CANNOT legally remove you without a Writ of Possession. A landlord who changes your locks, removes your belongings, or shuts off your utilities to force you out, without going through the court process, is committing what is called a “self-help eviction,” which is illegal in Pennsylvania. If this happens to you, contact legal aid or law enforcement immediately. 

Your rights at this step: 

• A landlord CANNOT change your locks, remove your belongings, or shut off your utilities to force you out. Only a constable or sheriff acting under a Writ of Possession can carry out a legal eviction in Pennsylvania. 
• If your landlord locked you out illegally, removed your belongings, or shut off your utilities without a court order, you may be able to take legal action. Contact legal aid right away. Illegal lockouts are taken seriously under Pennsylvania law. 
• Even after a Writ of Possession is posted, you have the right to collect your personal belongings. If you need more time to remove your things, speak with the constable or contact legal aid. 

⏱ Deadline: After the Writ of Possession is posted, you typically have at least 10 days before the constable or sheriff returns to carry out the eviction. Use this time to contact legal aid, make housing arrangements, and gather your belongings.

Can my landlord evict me in the winter? 

Pennsylvania does not have a general law that stops evictions in winter. Evictions can happen any time of year, if the landlord follows the correct legal process. However, if you are being evicted because of a utility shutoff and you have children or elderly or disabled household members, there may be additional protections under the Pennsylvania Utility Services Tenants Rights Act. If you are facing eviction in winter and are worried about losing heat or shelter, contact legal aid right away to see what options may apply to your situation. 

What if I can't pay rent because of an emergency? 

*FILLLER

What if my home has serious problems — mold, no heat, pests? 

In Pennsylvania, landlords are required by law to keep rental properties in a safe and livable condition. This is called the implied warranty of habitability. It means your landlord must provide working heat, hot and cold running water, sanitation, and a home free from serious hazards like rodent infestations, leaking roofs, unsafe floors or stairs, and broken locks. This duty cannot be signed away, even if your lease says you accept the unit “as is,” that clause is not enforceable. If your home has serious problems, you must first notify your landlord in writing and give them a reasonable amount of time to fix the issue. If they do not fix it, you may have legal options, including using the conditions as a defense if you are taken to eviction court. In some cases, you may also be able to withhold rent or make repairs yourself and deduct the cost. However, these are legal steps with strict rules. Do NOT stop paying rent without first talking to a legal aid attorney, as doing so incorrectly could hurt your case and lead to eviction.

Can my landlord evict me for complaining about repairs? 

A retaliatory eviction is when a landlord tries to evict you because you exercised a legal right, like complaining about repairs, contacting a housing inspector, or organizing with other tenants. This type of eviction is illegal under Pennsylvania law. If you complained about a serious housing problem and your landlord responded by filing for eviction or raising your rent shortly after, that may be retaliation. You can raise retaliation as a defense in eviction court. The Pennsylvania Human Relations Act and the Fair Housing Act also protect you from retaliation if you reported housing discrimination. If you think you are being evicted in retaliation, contact a legal aid attorney as soon as possible - document everything, including dates of complaints, who you contacted, and how your landlord responded. 

I live in subsidized or Section 8 housing. Are the rules different? 

Yes, if you live in public housing or use a Housing Choice Voucher (Section 8), you have additional protections beyond standard Pennsylvania law. The federal government, through the U.S. Department of Housing and Urban Development (HUD), oversees these programs and sets rules that landlords and housing authorities must follow. This can include extra notice requirements and specific grounds for eviction. If you live in HUD-assisted housing and have concerns about your management, you can call the Multifamily Housing Complaint Line at 1-800-685-8470. If you have questions about your housing voucher or public housing rights, contact HUD’s Office of Public and Indian Housing (PIH) at 1-800-955-2232. Because the rules for subsidized housing are more complex, it is especially important to contact a legal aid attorney as early as possible if you receive any notice related to your tenancy.