The Ultimate Guide to the Philadelphia Eviction Process

Estimated Eviction Process Timeline

1. Eviction Notice/Notice to Vacate

• • If the term has ended or for breach of lease:
    1. 30 days for leases less than 1 year (including month to month)
    2. 90 days for leases of a year +
  • If for non-payment:
    1. 10 days unless otherwise specified in the lease agreement
  • While the above-mentioned notification times are PA’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.

2. 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 (i.e. holidays), and if the courts are back-up due to, say… a pandemic.

3. The Hearing

• • The Judgement 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 Judgement is entered. If the tenant Appeals, it may take 9-12 months to get a court date.

4. Order of Possession

• • 15 days after the Judgement 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 Judgement of Possession.

To sum this up: a Philadelphia eviction, from eviction notice to removing the tenant, could take roughly 2-4 months. Assuming the tenant doesn’t appeal, which would complicate matters. Don’t forget that you can sell a property occupied by a tenant at any time. As long as your lease doesn’t state otherwise, you’re not bound to the chains of being a landlord.

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 (ideally) 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.

What to include on a Philadelphia Eviction Notice:

• Date the Notice was served to the tenant
• Tenant name
• Address/Rental Unit
• Reason for eviction
  • Feel free to visit here if you want a little more on this topic, but the basic jest is: per Section 250.501 of PA law, there are 3 permissible ways how 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 (more on that later).
    • 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
    • Just a reminder that, while you can waive the below requirements in advance on the lease. If you didn’t do so, or if the lease is government subsidized, the way to determine the move-out date would be to start counting the dates as of the day AFTER the letter is delivered per the below timeframes:
      • If the term has ended or for breach of lease:
        • 30 days for leases less than 1 year (including month to month)
        • 90 days for leases of a year +
      • If for non-payment:
        • 15 days between April – September
        • 30 days between September – April
      • Statement of how the notice is being delivered
        • The letter 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.
        • Pro Tip: 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, etc. The more details you record, the less believable it will be if the tenant tries to claim they didn’t receive the notice.

Here’s a sample of Sarah’s letter format to help you along (in this case, plagiarism is encouraged): Click Here for a FREE Download of Philadelphia Eviction Notice

When submitting the Landlord-Tenant Complaint, you should also include documentation to help support your complaint, such as:

• The Philadelphia lease agreement
• 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 as evidence

Forgot something? No need to kick yourself on 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.

Which reminds me, one common mistake for novice investors who buy homes in Philadelphia is not realizing the required documents to be one those “we buy houses in Philadelphia” rental tycoons.

BEFORE filing for a Philadelphia eviction, please be sure you have the following, 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.
  • This is required for all investors who buy homes in Philadelphia, with a few exceptions. Fortunately, Sarah was one of these exceptions, BUT, she knew she still needed to have an Activity License Number. In Sarah’s case, she needs a 2-4 Unit Owner-Occupied Housing License. Everyone else who does not live at their rental property will need a Rental License.
• Provide the tenant a Certificate of Rental Suitability, which is given through the Department of Licenses and Inspection. This also must be valid throughout the lease and when you file for the eviction.
• Upon execution, provide the tenant a copy of the lease with the Partners for Good Housing Handbook.
• While only required under specific circumstances, I would also suggest knowing if the Lead Paint Disclosure and Certification Law applies to your lease BEFORE the lease is initiated.

If you would like some PA-specific info on this, check out this video.

Don’t We All Just Want to Be Heard?!

And just like that, all those despairing thoughts came flooding back. I need to sell my home in Philly fast! Wondering how much it costs to sell her house, concerned about how difficult it would be to sell a house in bad condition on her own. Just the thought of dealing with the eviction process in Philadelphia now made her question her decision to become a landlord.

Pro Tip: While landlords are required to be represented by an attorney for evictions filed in Philadelphia, this is not the case everywhere. However, having an attorney on your side is worth more than the appreciation of that bitcoin you bought back in 2013. Not only can they save you money by avoiding costly/timely errors throughout the process, but their experience is also invaluable for your defense.

The hearing day was finally here! Sarah was sure to plan additional time to get to the Municipal Court at 1339 Chestnut St, knowing how traffic, parking, and those inexplicably long lines going through security could be. She hoped it was a sign of luck that she made it through the 6^th floor rather quickly to allow her some time to chat with an attorney

Sensing her nervousness, he reassured her she wouldn’t have to worry about selling a house in bad condition and walked her through the hearing process.

“Just remember, I’m here for you. So if you have any questions, direct them to me, or, only if needed, to the judge. I know the tenant has been very difficult so if he says anything infuriating, it will only strengthen your case if you remain calm, polite, and let him speak his piece. I will object for you if any issues arise.”

Here’s how the eviction hearing will go:

• “You will testify under oath, and the tenant’s attorney will cross examine you. You’ve submitted a ton of evidence to support your claim so don’t worry, you’ll be fine.
• Then the tenant will testify under oath and it’s our turn to cross examine. His evidence is weak, and we will emphasize how it contradicts his story.
• Hopefully the judge issues a Judgement today, but, if not, we should hear back within 5 days.”

Psssst… I know, it’s enthralling to eavesdrop. Sorry to interrupt, but I have some information that may just help you. If the tenant doesn’t show up to the hearing, you will win by default. Woohoo! However, if, for whatever reason, you/your attorney, doesn’t attend the hearing, your case will be thrown out. Okay, now back to Sarah….

She won! Fireworks, confetti, and balloons surrounded the courtroom. Me? Exaggerate?! I take offense to that.

Here’s where I’d love to tell you this chapter is closed, but the tenant also has the right to Appeal. So, Mr. Lawrence appea…sed (you thought I was going to say appealed, didn’t you?). I’m happy to say this situation didn’t apply to Sarah, but just in case you find yourself here…

Possess Your Home Through the Philadelphia Eviction Process

While Sarah celebrated in court, she still couldn’t send Mr. Lawrence packing and didn’t have Judgement funds to ensure she wouldn’t be selling a house in bad condition.

After the Judgement for Possession was entered, she waited the 15 days required before law enforcement could give Mr. Lawrence the Order of Possession, which sets the date he must vacate. Just in case you don’t recall, the date to vacate must be 15 days after the tenant is given the Order of Possession.

30 days after the Judgment for Possession, an officer arrived to insure Mr. Lawrence’s move. Thankfully, Mr. Lawrence had already escorted himself out, allowing Sarah to immediately change the locks and do a proper inspection of the unit.

Here are a couple of reasons why it’s important to do an inspection immediately upon any tenant’s move-out, especially one that’s been evicted. Upon inspection, Sarah found some leftover items and more evidence that neglecting maintenance is a bad practice, which will probably result in selling a house in bad condition for a discount, as the previous owner did. There are two issues to unpack here:

What to do with Abandoned Property? Lunge it out the 2nd-floor window! Sorry, sometimes Barbarous Barb takes over; do NOT throw it out, please.

Instead, send via First Class mail an Abandoned Property letter addressed to the tenant’s forwarding address, or emergency contact if no forwarding address was provided. It’s highly recommended you note this in your lease. But, generally speaking, you must allow the tenant 10 days to set a date to reclaim the property. If they don’t pick up the items after 30 days, you may then discard or sell them.

Pro Tip: If you have to store items longer than 10 days, you may charge the tenant a storage fee.

Judgement Day: Successfully Navigating the Eviction Process in Philadelphia

But what about pay day? Did Sarah’s smart work and resourcefulness ever pay?

I’m happy to report, yes, and she was able to make the repairs to no longer worry about selling a house in bad condition.

I’m glad you asked though, because this may not always be the case.

If a Judgement for Money is granted, the tenant may pay all upfront, or they may establish a payment plan for up to 6 months. It’s good to know the HHS Poverty guidelines to determine if your tenant may be a candidate for a payment plan.

However, even with a court order, it’s still possible the tenant doesn’t pay the Judgement. If you’re here, I feel you. The Philadelphia eviction process probably has you pretty worn down and I’m sure you’ve told yourself that tenants are not easy to deal with. Philadelphia squatters are even worse, which this situation could lead to.

But I’m here to motivate and guide, not allow you to wallow in your sorrow. So, buck up and file a Request for Order of Execution. Not only does this help your fellow landlords by placing a Judgement on the tenant’s credit, this Order directs law enforcement to levy upon a tenant’s personal property to sell to pay the Judgement.

Moral of the story: evictions are hard, but if you wish to buy homes in Philadelphia to invest as rentals, they are a part of the territory. However, by reading this you’re already ahead of the game! Plus, one of the benefits of the eviction process in Philadelphia is that you’ll have a good Philadelphia eviction attorney to help you make easy work of it. Brotherly Love Real Estate is not an attorney or law office. This guide has information gathered from public online sources. Please consult a real estate attorney before acting on anything in regard to a Philadelphia eviction. You can contact one of the attorneys listed above in this Ultimate Guide to the Philadelphia Eviction Process.

I really appreciate you sticking with me on this, I know it’s a lot to digest! So, if you’d ever like to quickly review this info, we are offering a condensed facts sheet, which includes the most important info.

Click Here to download our FREE Fact Sheet on the Philadelphia Eviction Process