Philadelphia has some of the most tenant-protective eviction rules in Pennsylvania — and skipping a single step can get your case thrown out, forcing you to start over from day one. This guide walks through the full process: required notice, Municipal Court filing, the Eviction Diversion Program, what to expect at a hearing, and how long it actually takes from start to lockout.
This is written for landlords — residential property owners and managers dealing with non-payment, lease violations, or lease-end holdovers. It is informational, not legal advice. Complex situations should involve a landlord-tenant attorney.
Before anything else, you need a legally recognized reason to evict. Pennsylvania allows several grounds, and Philadelphia's local ordinances layer additional protections on top.
| Grounds | What It Means | Notice Required |
|---|---|---|
| Non-payment of rent | Tenant has not paid rent when due | 10-day notice to quit |
| Lease violation | Tenant violated a specific lease term (pets, subletting, unauthorized occupants, property damage) | 15-day notice to quit (30 days if month-to-month) |
| End of lease / holdover | Lease has expired and tenant has not vacated | 30 days (week-to-week: 15 days; month-to-month: 30 days) |
| Illegal activity | Criminal activity on or affecting the property | 10-day notice (or immediate filing in serious cases) |
| Owner move-in / sale | Owner intends to occupy or sell with vacant possession | 30 days (longer leases may require lease to expire first) |
Philadelphia prohibition on "no-cause" eviction during a lease term: You cannot evict a tenant for no reason while their lease is in effect. Pennsylvania law allows no-cause eviction at lease end (with proper notice), but if the tenant has a written lease with time remaining, you must have a valid legal ground. Philadelphia's Fair Housing Ordinance adds additional protections — consult a local attorney if your situation is ambiguous.
You cannot file in court until you have properly served written notice to the tenant. The notice must state the reason for eviction, the amount owed (if non-payment), and the deadline to cure or vacate.
Pennsylvania law requires the notice to be delivered in one of the following ways:
For non-payment cases, the 10-day notice starts running the day after delivery. If you use mail, courts typically add three days for delivery. Keeping a dated photo of the posted notice and a certificate of mailing is important if the tenant contests service.
Acceptance of partial rent resets the clock. If you accept any rent payment after serving a non-payment notice, you have legally waived that notice and must start over. Do not accept any payment from the tenant after the notice is served — not even a partial payment — unless you are willing to abandon the eviction for that cycle.
Before you can file in Municipal Court for a non-payment eviction, Philadelphia requires landlords to first register the case with the Eviction Diversion Program (ERP). This requirement applies to most residential non-payment evictions.
The ERP was established during the COVID-19 pandemic and made permanent afterward. It is administered by the Philadelphia Municipal Court and the City's Office of Homeless Services. The goal is to connect tenants with rental assistance and mediation before a court case is filed.
ERP exception for lease violations and holdovers: The ERP requirement primarily applies to non-payment cases. Lease violation evictions and holdover evictions may not require ERP registration — verify with the Municipal Court clerk or a local attorney before filing.
Philadelphia evictions are heard in the Landlord-Tenant Division of Philadelphia Municipal Court, located at 1339 Chestnut Street (courtrooms also at other branch locations). This is not Common Pleas Court — it is the small claims equivalent for residential tenancies.
You will file a Landlord-Tenant Complaint (Form MDJS 206). The complaint must include:
| Fee Item | Approximate Cost |
|---|---|
| Complaint filing fee | ~$75–$100 |
| Service by constable/sheriff | ~$40–$75 per defendant |
| Writ of possession (after judgment) | ~$85–$125 |
| Constable lockout execution | ~$100–$200 |
| Total (typical non-contested case) | $300–$500 |
Fees are recoverable from the tenant as part of the judgment if you win, but collecting is a separate process — don't count on it in a case involving a tenant who couldn't pay rent.
After filing, the court schedules a hearing date — typically 10–15 business days after filing. The tenant is served notice of the hearing date by the constable or sheriff.
Municipal Court hearings are informal compared to trial court. Both sides appear before a judge (or magistrate district judge at branch locations). The landlord presents:
The tenant has the right to present a defense. Common defenses include: the landlord accepted rent after the notice (waiver), the property has habitability violations (rent escrow defense), improper notice service, or the landlord lacks a valid rental license.
The rental license defense. If your property does not have a current City of Philadelphia rental license, a tenant can use this as a defense to withhold rent — and courts have dismissed eviction cases on this basis. Before filing, confirm your rental license is current via the City's Atlas portal. See our guide on Philadelphia rental license requirements for what's needed.
If the tenant fails to appear at the hearing, the judge typically enters a default judgment in favor of the landlord. You still need to follow through with the writ of possession process — a default judgment does not mean you can immediately lock them out.
After a judgment for possession, the tenant has 10 days to appeal to the Court of Common Pleas. You cannot execute a writ of possession during this 10-day window.
If the tenant files an appeal, the case moves to Common Pleas Court — a more formal proceeding that can add weeks or months to the timeline. Tenants typically must post a supersedeas bond (covering rent owed) to stay in possession during an appeal, which filters out most frivolous appeals — but it does add time.
If no appeal is filed within 10 days, the landlord can return to Municipal Court and request a Writ of Possession. The writ authorizes a constable to physically remove the tenant and their belongings from the property.
After the writ is issued, the constable typically serves notice on the tenant giving them a specific date (usually 10–15 days) to voluntarily vacate before the physical lockout. If the tenant has not vacated by that date, the constable returns with the landlord and executes the lockout — changing locks and removing any remaining belongings.
Pennsylvania law requires that belongings left behind be treated carefully. The constable typically sets belongings on the curb at time of lockout. The tenant has no legal right to extended storage, but landlords should document what is removed to avoid later claims.
| Stage | Minimum Time | Notes |
|---|---|---|
| Serve written notice | 10 days (non-payment) / 15–30 days (other) | Clock starts day after service |
| ERP registration & waiting period | 10–14 days | Non-payment cases only; required before filing |
| File complaint + hearing scheduled | 10–15 business days | After ERP certificate issued |
| Hearing held | — | Can be continued; contested cases take longer |
| Appeal window (tenant) | 10 days | Cannot execute writ during this period |
| Writ of possession issued | 1–5 days after appeal window | Must be requested by landlord at court |
| Constable notice to vacate | 10–15 days | Served to tenant before lockout |
| Lockout executed | — | Constable + landlord, tenant belongings removed |
| Minimum total (uncontested) | ~6–8 weeks | Contested cases: 3–6 months or more |
Realistic timeline for most cases: In practice, a straightforward non-payment eviction with no appeal or significant delays takes 6–10 weeks from the day you serve notice. If the tenant appeals, expect 3–5 months. If the case is complex (habitability counter-claims, multiple continuances), 6+ months is possible.
Philadelphia law prohibits what are known as "self-help" evictions. The following actions are illegal, regardless of how much the tenant owes or how egregious the violations are:
Self-help evictions expose landlords to significant legal liability — tenants can sue for wrongful eviction, and courts have awarded substantial damages in these cases. They can also result in criminal charges. The formal process exists precisely to prevent landlords from taking the law into their own hands, and it applies even when the tenant is clearly in the wrong.
Evictions involving Section 8 tenants follow the same court process, but you must also notify the Philadelphia Housing Authority (PHA) in writing. Non-payment evictions against voucher holders are unusual since the housing authority pays the majority of rent directly — but lease violation evictions do occur. The PHA can terminate the voucher if eviction is for drug activity or serious lease violations.
If there is no written lease and the tenancy is month-to-month, you can end it for any legal reason with 30 days written notice (15 days for week-to-week tenancies). After the notice period expires, if the tenant has not vacated, you proceed with the court process as normal. You do not need a cause for eviction at lease end — only proper notice.
This guide covers residential evictions. Commercial evictions in Philadelphia follow different procedures and timelines, including different notice requirements and no ERP requirement. Commercial disputes belong in Common Pleas Court, not Municipal Court.
One frequently overlooked pre-filing step: verify that your property has no open L&I violations that a tenant could use as a habitability defense. Courts can dismiss or stay an eviction if the property has serious housing code violations, and tenants can deposit rent into escrow rather than paying the landlord if habitability is at issue.
Running a property report before you file lets you know what's on record — and gives you time to address anything that could undermine your case.
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