Pennsylvania eviction law

6 Replies

Hi all lanlords from PA.  I need to get some info regarding PA eviction.  1) does the countdown from the 10 day notice begin on the date the notice was posted?  2) Are weekends counted in that countdown?

Thanks!

Hi @Jeanni Prescan .  The countdown starts on the day after Notice was given.  Coincidentally,  I just posted a Notice to Pay or Vacate on a tenant's door on Tuesday, December 19th.  My understanding is that the countdown for me starts on December 20th.  I have not read anywhere whether it is only business days, so I am assuming I will be able to file next Friday.

If I am not able to get a hold of my tenant tomorrow, I will be contacting an attorney.  If you do not received a definitive answers by then, I will follow up.

HI Jack.  Thanks for your reply, appreciate that.  I guess no-one has money to pay rent after buying Christmas gifts, lol.  

Just wondering how you got your info?  Because I did research online and am getting conflicting info.  The reason it's important to me is that I posted on the 13th, and if I have to count from the day after, I won't be able to file till December 25th cause of the weekend and holiday.  

Below is what I could find.

Pennsylvania law (the Landlord and Tenant Act of 1951) controls the eviction of tenants renting a home in Pennsylvania for nonpayment of rent and other lease violations. Landlords may not take self-help measures, such as changing locks or removing tenant’s property, to force a tenant to move out. Instead, landlords most follow specific procedures, beginning with serving a “Notice to Quit” on the tenant. (68 Pa. Cons. Stat. Ann. § 250.501.)

Pennsylvania law requires that the tenant be given 10 days from the date of service of the Notice to Quit to either pay the rent due or move out of the property. This deadline can be changed if previously agreed to by the tenant in the lease or rental agreement.

How to Calculate the Date of the Deadline

In order to calculate the date of the deadline to include on the Notice to Quit, begin counting the required days starting with the day after the Notice to Quit is served on the tenant. The last counted day based on the required number of days is the final full day the tenant has to comply with the Notice to Quit. The day following that final day is the date the landlord can officially take court action against the tenant, if needed.

For example, say on January 31 that the landlord serves the tenant with the Notice to Quit for nonpayment of rent. Since nonpayment of rent allows for the tenant to have 10 days to comply with the Notice to Quit, begin counting out 10 days starting on February 1. February 10 will be the last full day the tenant has to either pay the rent due or move out. If the tenant does not pay the rent due or move out on February 10, then on February 11 the landlord can file an eviction action against the tenant in court.

Thanks for your replies.  My attorney confirmed the the count starts the day after posting and that weekends are included in the count but holidays are not.  Go figure. 

For me that extra day actually turned into 5 days because it fell on a Saturday and the magistrates office was closed Saturday through Tuesday!  Sigh....

Looking to invest in Pa(Scranton) what is the eviction time length. Tk have them
Removed after the 10day notice

Weekends are included in the 10 days

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