Filing fees, sheriff costs, attorney fees, and lost rent, under 68 P.S. § 250.101 et seq. (Landlord and Tenant Act of 1951)
A Pennsylvania eviction typically runs $1,537-$4,014 uncontested and $3,294-$12,185 contested, under 68 P.S. § 250.101 et seq. (Landlord and Tenant Act of 1951). Lost rent is almost always the largest line item.
Evicting a tenant in Pennsylvania involves a clear understanding of the financial and time commitments. This guide provides a direct overview of what landlords with 1-20 units can expect regarding eviction costs in the state. Pennsylvania's eviction posture, while not unique, requires specific attention to detail, particularly concerning notice periods and judicial process.
The primary legal framework governing landlord-tenant relations and evictions in Pennsylvania is the Landlord and Tenant Act of 1951, found at 68 P.S. § 250.101 et seq. This statute dictates the procedures, notice requirements, and grounds for eviction. Local ordinances, particularly in larger cities like Philadelphia and Pittsburgh, can add additional layers of regulation, often imposing stricter tenant protections or requiring mediation before court filings.
Key regulators for eviction proceedings are the local Magisterial District Judges (MDJs), often referred to as "MDJ courts" or "landlord-tenant court." These courts handle the initial filings, hearings, and judgments for residential evictions. The MDJs operate under the statewide rules of civil procedure applicable to district courts, but their interpretation and local court customs can vary slightly by county. Understanding your specific MDJ court's process is critical.
For a landlord with 1-20 units, eviction costs in Pennsylvania break down into several categories: filing fees, service fees, attorney fees, and potential post-judgment expenses. These costs are not insignificant and can quickly accumulate, even in a straightforward case.
Filing Fees: Initiating an eviction action, known as a "Landlord-Tenant Complaint," at the MDJ court typically costs between $100 and $200. This fee covers the court's administrative costs to process your complaint and schedule a hearing. The exact amount depends on the specific MDJ court and the number of tenants named in the complaint. For example, a single tenant complaint might be $130, while a complaint naming two tenants could be $155.
Service Fees: After filing, the complaint must be "served" to the tenant. This is usually done by a constable or sheriff's deputy. Service fees typically range from $50 to $100 per tenant. Improper service is a common reason for case dismissal or delay. Don't attempt to serve the complaint yourself; use the authorized process server. This ensures legal compliance and avoids procedural missteps that can prolong the process and increase costs.
Attorney Fees: While not legally required, legal representation is highly recommended. Attorney fees for an eviction case can vary widely. For an uncontested eviction where the tenant does not appear or offers no defense, legal fees might range from $500 to $1,500. A contested case, involving multiple hearings, negotiations, or appeals, can easily push attorney fees into the $2,000 to $5,000+ range. This is often the largest single cost component.
Lost Rent: This is an indirect but substantial cost. Even a quick eviction process means lost rental income. From the moment rent is unpaid until the tenant vacates and the unit is re-rented, landlords are losing income. A typical Pennsylvania eviction, assuming no major delays, might take 30-60 days from notice to possession. If your monthly rent is $1,500, that's $1,500 to $3,000 in lost income before accounting for repairs or turnover time.
Post-Judgment Costs: If a judgment for possession is granted, but the tenant still refuses to leave, you will need to file for an "Order for Possession" (sometimes called a "writ of possession"). This typically involves another court filing fee, often around $50-$75, and another service fee for the constable or sheriff to execute the order. The constable's fees for physical lockout can range from $100 to $300, depending on the county and the complexity of the removal.
Pennsylvania does not have statewide "just-cause" eviction laws. This means landlords are not generally required to provide a specific "just cause" (like lease violation) to terminate a month-to-month tenancy, provided proper notice is given. However, non-renewal of a lease term, even without just cause, still requires adherence to notice periods. Some municipalities, notably Philadelphia, have enacted their own just-cause ordinances, which supersede state law in those jurisdictions. Always check local regulations.
A common landlord mistake involves improper notice. For example, serving a 10-day notice for a lease violation other than non-payment, or failing to include the specific "cure or quit" language required for certain violations. This procedural error often leads to case dismissal, forcing the landlord to restart the entire process, incurring additional fees and lost time. Don't rely on generic online templates; ensure your notices comply precisely with 68 P.S. § 250.501.
As of recent legislative sessions (2024-2026), there has been ongoing discussion and legislative activity surrounding tenant protections in Pennsylvania. While no sweeping statewide changes to the Landlord and Tenant Act have been enacted that fundamentally alter the eviction process, proposals often include expanding access to legal counsel for tenants, increasing notice periods for "no-cause" evictions, and strengthening habitability standards. For instance, legislation related to eviction sealing and improving the transparency of landlord-tenant court records has gained traction. Landlords should monitor legislative updates from the Pennsylvania General Assembly to stay informed, as these changes, even if incremental, can impact procedural requirements or introduce new defenses for tenants.
The security deposit cap in Pennsylvania is 2.00 months' rent for the first year of tenancy. After the first year, it reduces to 1.00 month's rent. Strict rules apply to the handling and return of security deposits, including requirements for placing funds in escrow accounts and providing written itemized deductions. Mismanaging security deposits is a frequent point of contention and can lead to counterclaims in eviction proceedings, adding complexity and cost.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75-$200 | $150-$350 |
| Court filing fee | $130-$250 (68 P.S. § 250.101 et seq. (Landlord and Tenant Act of 1951)) | |
| Process server | $75-$200 | |
| Attorney fees | $500-$3,000 | |
| Sheriff / constable lockout | $50-$150 | |
| Lost rent during process | $1,057-$2,114 (30-60 days @ $1,057/mo) | $2,114-$5,285 (60-150 days) |
| Cleaning, repairs, re-leasing | $800-$2,200 | $1,100-$5,200 |
| Total scenario | $1,537-$4,014 | $3,294-$12,185 |
This section details Pennsylvania-specific considerations for eviction costs. Focus here on unique quirks, legislative changes, and common traps for landlords in the Commonwealth. The controlling statute for landlord-tenant relations is the 68 P.S. § 250.101 et seq., known as the Landlord and Tenant Act of 1951.
Pennsylvania mandates specific notice periods before filing for eviction. For non-payment of rent, a 10-day notice to quit is required. This is a hard deadline. Missing it means restarting the process. For lease violations other than non-payment, or for the expiration of a lease where the landlord does not wish to renew (and the lease does not specify a different notice period), a 15-day notice to quit is typically required for leases of one year or less. For leases exceeding one year, it's a 30-day notice.
A common mistake: assuming a verbal agreement overrides written notice requirements. It does not. Always serve written notice. Another trap: combining notices. Do not issue a "10-day notice for non-payment AND lease violations." Issue separate notices if multiple grounds exist, or ensure the notice clearly prioritizes the non-payment as the primary reason for eviction if that is the immediate goal. Ambiguous notices are grounds for dismissal in court.
All residential evictions in Pennsylvania begin in the Magisterial District Courts. These are local courts, and procedures can vary slightly by district, though the core legal framework remains constant. Filings here require a specific complaint form. Expect a filing fee, typically around $150-$200, depending on the number of tenants and the specific district. Service of the complaint by a constable or sheriff incurs additional fees, usually in the $50-$75 range per tenant. These are upfront costs you will not recover if the tenant vacates before a judgment.
Don't mail the complaint yourself. Do use a constable or sheriff. Improper service is a guaranteed delay and often a dismissal without prejudice, meaning you start over and pay new fees.
Philadelphia County operates under specific additional regulations that significantly impact eviction costs and timelines. The city has a mandatory Eviction Diversion Program (EDP). Before filing an eviction for non-payment of rent, landlords in Philadelphia must attempt mediation through the EDP. This adds time and can incur costs if you engage legal counsel for the mediation. Failure to participate in EDP when required will result in your eviction case being dismissed. This is not optional.
Philadelphia also has specific regulations regarding "just cause" evictions, even though statewide Pennsylvania does not. While 68 P.S. § 250.101 et seq. does not establish just cause statewide, Philadelphia's local ordinances impose it for certain situations, particularly related to lease non-renewals. This means you cannot simply decide not to renew a lease without a qualifying reason in some Philadelphia cases. Understand Philadelphia's Fair Practices Ordinance and related housing codes before proceeding with any non-renewal eviction there.
Another Philadelphia-specific rule: the Rental Suitability Certificate. While not directly an eviction cost, failure to possess one can invalidate a lease or complicate eviction proceedings. Ensure you comply with all local licensing and certificate requirements.
Pennsylvania caps security deposits at 2.00 months' rent for the first year of tenancy. After the first year, it drops to 1.00 month's rent. If you collected two months' rent, you must return the excess to the tenant after the first year. Failure to do so can lead to penalties if the tenant sues. Improper handling of security deposits is a frequent reason for counterclaims in eviction cases, adding legal costs and potential liability.
When deducting from a security deposit, provide an itemized list of damages within 30 days of the tenant vacating. Do not deduct for normal wear and tear. This is a common landlord mistake. Example: repainting walls due to minor scuffs after a two-year tenancy is usually wear and tear. Repairing a hole punched in a door is not. Be specific, provide receipts for repairs, and take photos before and after.
Either party can appeal a Magisterial District Court judgment to the Court of Common Pleas. This adds significant costs. An appeal bond is typically required, and legal representation becomes almost essential. Expect legal fees to quickly escalate into the thousands of dollars at this stage. An appeal typically delays possession by several months, even if you prevail.
As of recent legislative sessions, there has been ongoing discussion regarding statewide "just cause" eviction protections and expanded tenant rights in Pennsylvania. While 68 P.S. § 250.101 et seq. currently does not include a statewide just cause requirement, bills are regularly introduced that seek to implement such measures. Landlords should monitor legislative developments, particularly those concerning the definition of "just cause," extended notice periods, and requirements for relocation assistance. While these have not passed into law statewide as of late 2024, the political climate suggests continued attempts to modify landlord-tenant law in favor of tenants. Local ordinances, like Philadelphia's, often foreshadow statewide changes. Stay informed through landlord associations or legal counsel.
While the Landlord and Tenant Act of 1951 does not explicitly allow for the recovery of attorney fees in eviction actions unless specified in the lease, many leases include such clauses. If your lease allows for recovery of attorney fees and you prevail, you may be able to add these to the judgment. However, collection is another matter. Do not assume you will recover all legal costs. Legal fees for a contested eviction can range from $1,500 to $5,000+, depending on complexity and how many court appearances are required.
Consider the cost-benefit of pursuing an eviction. Sometimes, a "cash for keys" agreement, while distasteful, can be cheaper than a drawn-out legal battle, especially if the tenant is likely to appeal or delay. This is a business decision, not a legal one.
Every dollar spent on tenant screening saves roughly $15-$25 in eviction and turnover costs. A rigorous screening protocol, verified income, rent-to-income ratio, prior landlord references, and a documented rubric, is the single highest-ROI move a Pennsylvania landlord can make.
See our tenant screening guide for Pennsylvania for the 5-point protocol used by NextGen Properties.
Depends heavily on whether you are in Philadelphia or the rest of the state. MDJ counties (most of Pennsylvania): $4,500 to $9,000 all-in on a $1,200 unit; direct legal $400 to $1,200. Philadelphia (with the Eviction Diversion Program): $9,000 to $18,000 all-in on a $1,600 unit; direct legal $2,500 to $5,500. The diversion program adds 45 days of pre-filing mediation plus extended court timelines. Pittsburgh runs intermediate (smaller diversion pilot, somewhat slower than MDJ).
A mandatory pre-filing mediation program made permanent by Philadelphia City Council in October 2022. Before filing residential eviction in Philadelphia Municipal Court, the landlord must register the case with the program, the tenant is offered mediation, and the landlord must wait 45 days after registration before the conventional eviction case can be filed. The program adds significant timeline and cost to Philadelphia evictions. It does not apply outside Philadelphia.
MDJ counties: $60 to $150 depending on county and amount claimed. Philadelphia Municipal Court: $150 to $215. Sheriff or constable service of complaint: $25 to $80. Order for possession plus execution: $85 to $250 total. Reschedule fees: $30 to $75. The fees are recoverable in the judgment but rarely collectible against a defaulting tenant.
MDJ counties uncontested: 30 to 75 days from filing to lockout. MDJ contested: 60 to 120 days (rare; tenant must post rent into escrow to appeal). Philadelphia uncontested with diversion: 90 to 180 days. Philadelphia contested with represented tenant: 180 to 270 days. The 45-day diversion period, mediation work, and Right to Counsel representation together make Philadelphia one of the slower eviction venues in the country.
Only if the lease provides for it. Pennsylvania law permits attorney-fee shifting only when the lease contains an attorney-fee clause. Most commercial-format Pennsylvania residential leases include the clause. The MDJ or Philadelphia Municipal Court may award fees as part of the judgment. Practical recovery is limited: tenants who default on rent typically cannot pay a fee award. Treat the attorney fee as a sunk cost when budgeting an eviction event.
Informational only, not legal advice. Consult a licensed Pennsylvania attorney. Source attribution in the Sources band below.
