To evict a tenant in Philadelphia, you have to complete the city’s mandatory Eviction Diversion Program, serve a written Notice to Quit for the correct number of days, file a Landlord-Tenant Complaint in Municipal Court, win a judgment, wait through the 10-day appeal window, and then obtain a Writ of Possession so a Landlord-Tenant Officer or the Sheriff can perform the lockout. Skipping any of those steps, or attempting a lockout yourself, can get your case dismissed and expose you to liability.
What You Need in Place Before You Can File
Philadelphia requires a valid rental license for the property before you can collect rent or pursue an eviction. The city code prohibits rent collection on any property that requires a license unless one has been issued.1American Legal Publishing. Philadelphia Code 9-3902 – Rental Licenses The license also has to cover the entire period for which you are claiming unpaid rent.2City of Philadelphia. Navigating the Eviction Process
You also need a Certificate of Rental Suitability, which the city requires you to give every new tenant at the start of the tenancy (not at renewal). It confirms you hold the required licenses, that the property has no outstanding maintenance or fire code violations, and that smoke detectors and fire extinguishers work.3City of Philadelphia. Rental Suitability Landlords generate it through the city’s online portal, and the system blocks the certificate when open violations exist on the property.4City of Philadelphia. Get a Certificate of Rental Suitability Missing the certificate can undermine your case in Municipal Court.
Good Cause Rules for Leases Under One Year
If the lease is shorter than one year, Philadelphia’s Good Cause law restricts why you can end it. You cannot simply let the lease expire and refuse to renew. You need a permissible reason such as habitual nonpayment, a material lease violation, nuisance activity, substantial property damage, or the landlord’s intent to move in a family member. Written notice at least 30 days in advance must spell out the reason. Without that notice, the lease automatically renews month to month.5City of Philadelphia. Mayor Kenney Signs Good Cause Eviction Bill into Law
Complete the Eviction Diversion Program First
Since January 2022, Philadelphia has required landlords to go through a pre-filing Eviction Diversion Program before there is any lawful basis to evict a residential tenant.6American Legal Publishing. Philadelphia Code 9-811 – Eviction Diversion Program The requirements:
- Enroll in the program through the city before taking any step toward eviction.
- Give the tenant written notice of their diversion rights, delivered by hand or by mail with proof of mailing.
- Participate in good faith for at least 30 days. That can mean mediation, discussion of rental assistance, or other dispute resolution.
The only carve-out is when eviction is necessary to stop an imminent threat of physical harm or harassment by the tenant. For everything else, diversion is mandatory. If you file without completing it, the tenant can raise your noncompliance as a defense and the court can dismiss the case on its own.6American Legal Publishing. Philadelphia Code 9-811 – Eviction Diversion Program
Serve the Notice to Quit
Once diversion is finished, serve a written Notice to Quit. It should identify the property and the tenant, state the reason for ending the tenancy, and give a deadline to leave. For nonpayment, include the specific amount owed.
Pennsylvania sets the minimum notice periods:7Pennsylvania General Assembly. Pennsylvania Code 68 P.S. 250.501 – Notice to Quit
- Nonpayment of rent: 10 days from service.
- Lease violation or expiration on a lease of one year or less, or month-to-month: 15 days from service.
- Lease violation or expiration on a lease longer than one year: 30 days from service.
Philadelphia’s Good Cause law can independently require 30 days on a short-term lease even where state law would allow 15. When the two conflict, follow the longer period. You can serve by handing the notice to the tenant, by certified mail, or by posting it visibly on the property. Keep proof of service either way; you will need it at the hearing.
Section 8 Tenants
If the tenant has a Housing Choice Voucher, federal rules add a step. You have to provide written notice of the grounds for termination and send a copy of the eviction notice to the local public housing agency.8eCFR. 24 CFR 982.310 – Owner Termination of Tenancy Missing the PHA notice can jeopardize both your case and your standing in the voucher program.
File the Landlord-Tenant Complaint
If the tenant stays past the notice deadline, file a Landlord-Tenant Complaint with Philadelphia Municipal Court. The First Filing Unit is at 1339 Chestnut Street, Room 1000, and complaint forms are also available on the Municipal Court website.2City of Philadelphia. Navigating the Eviction Process The form asks for both parties’ names and addresses, the grounds for eviction, and any rent claimed.
Filing fees depend on the amount claimed:9Philadelphia Municipal Court. Philadelphia Municipal Court Filing Fees
- $0 to $2,000: $94.75
- $2,000.01 to $10,000: $116.75
- Over $10,000: $138.75
Each additional tenant named on the complaint costs another $5.50, though a spouse does not count as an additional defendant.9Philadelphia Municipal Court. Philadelphia Municipal Court Filing Fees After you file, the court serves the complaint and summons on the tenant with the hearing date.
The Hearing
Hearings are held at 1339 Chestnut Street, 6th Floor. Bring the lease, the Notice to Quit with proof of service, a rent ledger showing what is owed and when payments stopped, photos of any damage, and your communication records. The court may offer mediation before ruling, and that sometimes produces a payment plan instead of an eviction. If a judge decides the case, the outcomes are a judgment for possession, a money judgment for unpaid rent or damages, or dismissal.
Expect the tenant to have a lawyer. Philadelphia guarantees free legal representation to tenants whose income is at or below 200% of the federal poverty level, provided through designated nonprofit legal organizations, and that coverage extends through any first appeal.10American Legal Publishing. Philadelphia Code 9-808 – Legal Representation in Landlord Tenant Court Prepare for a contested hearing rather than assuming a default.
Appeals and the 10-Day Window
A tenant who loses has 10 calendar days to appeal to the Court of Common Pleas, filed at City Hall, Room 296, or through the online filing system. A tenant who appeals can stop the lockout by paying rent into escrow with the court. Low-income tenants may pay one-third of the monthly rent at filing and the remaining two-thirds within 20 days. Tenants who are not low-income must deposit three months’ rent or the full judgment amount. An appeal resets the case, which will be heard by a different judge and require you to present the evidence again.
Writ of Possession and Lockout
If no appeal is filed within 10 days, you request a Writ of Possession from Municipal Court. Eleven days after the Writ is issued, you file for an Alias Writ of Possession, and only then can you schedule the lockout with the Landlord-Tenant Officer (LTO) or the Sheriff’s Office. The earliest realistic lockout is roughly 21 days after judgment, and scheduling often pushes it further.
The LTO’s fee is $100, and the Sheriff’s fee is $390.2City of Philadelphia. Navigating the Eviction Process You are also responsible for hiring a locksmith to change the locks during the lockout. The LTO or Sheriff oversees the entire process. A landlord cannot perform a lockout independently, and any eviction carried out without a court order is illegal.
Handling Property the Tenant Leaves Behind
Pennsylvania sets a specific procedure for anything left after the lockout. If the Writ of Possession included notice of abandoned property rights, no further notice is needed. Otherwise, send written notice telling the tenant that personal property remains on the premises. The tenant has 10 days from the postmark to contact you about retrieval. If they respond and want the property back, you must store it up to 30 days at a location you choose, and the tenant is responsible for reasonable storage costs.11Pennsylvania General Assembly. Pennsylvania Code – Disposition of Abandoned Personal Property After the time periods expire without retrieval, you can dispose of the property at your discretion. The statute does not set different rules based on the value of the items.
Federal Rules That Can Pause the Case
Two federal protections can delay even a valid state-law eviction.
If the tenant is on active military duty, the Servicemembers Civil Relief Act applies. Before the court can enter a default judgment, you must file an affidavit stating whether the tenant is in military service. Knowingly filing a false military affidavit is a federal crime punishable by fines, up to one year in prison, or both. The SCRA can also provide active-duty tenants with a stay of the proceeding, and the court can delay the case on its own motion.
If the tenant files bankruptcy before or during the eviction, a federal automatic stay pauses any action to obtain or enforce a judgment for possession. You can petition the Bankruptcy Court to lift the stay, and it will look at factors such as whether the tenant is paying ongoing rent and the condition of the property. If a judgment and writ of possession were already issued before the bankruptcy filing, the stay may not apply, though that outcome depends on the facts and the Bankruptcy Court’s ruling.