Pennsylvania Non-Payment of Rent Notice Overview
Pennsylvania requires a 10-day notice to pay rent or quit under 68 P.S. §250.501 before filing a landlord-tenant complaint. This applies statewide, though Philadelphia and Pittsburgh have additional local requirements. Pennsylvania's notice period is moderate compared to neighboring states (New York 14 days, New Jersey varies, Ohio 3 days).
Pennsylvania evictions are filed in Magisterial District Court (formerly called District Justice Court). Philadelphia and Pittsburgh have their own municipal court systems with additional procedures. The Magisterial District Court process is informal and relatively fast in most Pennsylvania counties, with hearings typically within 7-15 days of filing.
10 Days
Notice period
$95
Avg. filing fee
Yes
Right to cure
3-6 wks
Court process
Pennsylvania's 10-Day Notice Requirement
Under 68 P.S. §250.501, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 10 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Pennsylvania requires a 10-day notice for non-payment. Philadelphia is unique—the city's Eviction Diversion Program requires landlords to participate in mediation through the city program before filing any residential eviction. Pittsburgh has also adopted additional tenant protections. Outside these cities, the process follows state law directly.
Philadelphia Eviction Diversion Program: Mandatory Pre-Filing Mediation
In Philadelphia, landlords MUST participate in the city's Eviction Diversion Program (EDP) before filing any residential eviction. The program connects tenants with rental assistance and mediation services. Landlords who file without completing the EDP process will have their cases dismissed. Pittsburgh has also adopted its own tenant protections. Outside these cities, the 10-day notice and standard Magisterial District Court process applies.
Pennsylvania Legal Requirements (68 P.S. §250.501)
For the notice to be valid under Pennsylvania law, it must meet specific requirements established by statute and interpreted by Pennsylvania courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Pennsylvania law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 10 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Pennsylvania Grace Period & Late Fee Rules
No statewide grace period. Philadelphia has a Diversion Program requiring pre-filing mediation. Understanding Pennsylvania's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap statewide. Philadelphia limits to a reasonable amount. Must be in lease. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Pennsylvania law.
Pennsylvania Late Fee Quick Reference
Grace Period
No statewide grace period.
Late Fee Rule
No statutory cap statewide.
Partial Payment
Does not cure. Philadelphia Diversion Program may affect rules.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in Pennsylvania
Pennsylvania law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Pennsylvania courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Pennsylvania courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Pennsylvania Magisterial District Court. Include the original notice and proof of service with your filing.
Pennsylvania Non-Payment Eviction Timeline
The Pennsylvania eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 10-Day Notice to Pay or Quit | Day 1 |
| Notice expires | Day 11 |
| Complete Diversion Program (Philadelphia only) | Day 11-30 |
| File complaint in Magisterial District Court | Day 11-14 (or after EDP) |
| Hearing (7-15 days after filing) | Day 18-29 |
| Judgment entered | Day 18-29 |
| Writ of possession executed (10 days after judgment) | Day 28-39 |
Total: 3-6 weeks outside Philadelphia. Philadelphia's EDP adds 2-4 weeks to the timeline. Contested cases take 5-10 weeks.
Pennsylvania Eviction Filing Fees & Costs
Filing fees for eviction actions in Pennsylvania vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Magisterial District Court Filing Fee | $75 - $175 |
| Service of Process | $20 - $50 |
| Writ of Possession/Restitution | $25 - $75 |
| Attorney Fees (if hired) | $500 - $2,500 |
| Appeal (if needed) | $150 - $300 |
Sample Pennsylvania 10-Day Non-Payment Notice
Below is a preview of our Pennsylvania-specific non-payment notice. The final document includes all statutory language required under 68 P.S. §250.501 and is formatted for Pennsylvania court proceedings.
TEN (10) DAY NOTICE TO PAY RENT OR QUIT
STATE OF PENNSYLVANIA
Pursuant to 68 P.S. §250.501
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Pennsylvania Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
PENNSYLVANIA STATUTORY NOTICE:
You have TEN (10) DAYS from service to pay the full amount of rent due or quit the premises. If you fail to comply, the landlord will file a landlord-tenant complaint in Pennsylvania Magisterial District Court. Philadelphia residents: The landlord must complete the Eviction Diversion Program before filing.