Scope: Pennsylvania residential landlord-tenant law, with Northampton and Lehigh County practice. Madsen Law Offices represents landlords and tenants in separate matters. Commercial leases and mobile-home-park tenancies can follow different rules and are assessed separately. The statutes, statewide rules, and county pages cited below were checked on August 23, 2026. Current law, the signed lease, and case-specific court orders control.
The short version—and the deadline that decides these cases
Pennsylvania eviction cases move through the magisterial district court on unusually short clocks. After an MDJ enters a residential judgment for possession, the ordinary appeal deadline is ten days from entry of the judgment—not from the day the judgment is mailed or received. A qualifying victim of domestic violence has a separate 30-day route using the prescribed affidavit, and any other late appeal requires leave of court and good cause. Pa.R.Civ.P.M.D.J. 1002.
Who this page is for
This page is for a landlord dealing with unpaid rent, a lease breach, property damage, or a tenant who will not leave; a tenant who has received a notice, complaint, or possession judgment; and either side of a security-deposit or serious-repair dispute. The first documents to review are the signed lease, every notice, the MDJ complaint, and the judgment date.
Step one: read the lease, then calculate the notice to quit
Pennsylvania law. Before filing for possession, a landlord generally must serve written notice to quit. The statutory period is ten days for nonpayment of rent; 15 days for expiration of the term or breach when the lease is for one year or less, or for an indeterminate term; and 30 days for expiration or breach when the lease is for more than one year. The notice must identify the premises and require the tenant to leave within the applicable period. 68 P.S. § 250.501.
The lease matters because § 250.501 permits the statutory notice to be shortened or waived by the lease. Some Pennsylvania leases contain that waiver. A landlord who assumes notice was waived without reading the exact clause risks a defective filing; a tenant who assumes a new notice is always required may miss the real hearing deadline. Mobile-home-park notice rules are different and are not summarized here.
The MDJ case: quick scheduling, formal consequences
The landlord files in the magisterial district court serving the property. Possession, rent due, and qualifying damages may be included in the same complaint. Under Rule 504, the hearing ordinarily is set for a date between seven and 15 days after the complaint is filed. Both sides may present testimony, the lease, payment records, notices, photographs, messages, repair records, and other admissible proof.
The courtroom may feel less formal than the Court of Common Pleas, but the result is a judgment with immediate deadlines. Rule 514 permits the MDJ to enter judgment at the conclusion of the hearing or within three days. Do not wait for the mail before calculating an appeal.
After judgment: 10 days to appeal possession, 30 days for money only
Pennsylvania procedure. A money-only judgment generally carries a 30-day appeal period. A residential judgment for possession ordinarily carries a 10-day period measured from entry of judgment. Lehigh County's official tenant guidance emphasizes that the clock runs from the judgment date—not the mailing or receipt date. The 30-day domestic-violence route requires the affidavit specified by Rule 1002, and a prothonotary may accept another late appeal only with leave of court and good cause.
| Event | Ordinary period or amount | Important qualification |
|---|---|---|
| Nonpayment notice to quit | 10 days | A lease may shorten or waive notice |
| Expiration or breach notice | 15 or 30 days | Depends on lease length; mobile-home rules differ |
| Residential possession appeal | 10 days from judgment entry | Domestic-violence and court-approved late-appeal routes exist |
| Money-only appeal | 30 days | Read the judgment and Rule 1002 |
| Initial supersedeas security | Lesser of three months' rent or adjudged arrears | Different affidavit route for qualifying lower-income tenants |
| Ongoing appeal deposits | Every 30 days | A lapse can end the supersedeas |
The money and forms required to stop possession
For a tenant seeking a supersedeas under Rule 1008, the usual security at filing is cash or an approved surety bond equal to the lesser of three months' rent or the rent actually in arrears as determined by the MDJ. The tenant must then deposit monthly rent within 30 days after filing the appeal and at each successive 30-day interval.
Qualifying lower-income tenants may use the court's residential-tenant supersedeas affidavit route together with an application to proceed in forma pauperis. Separate forms apply to Housing Choice Voucher and other tenancies. Depending on whether the current month's rent was already paid, Rule 1008 may require monthly deposits beginning later or a staged payment of one-third at filing and the remaining two-thirds within 20 days. This is not a no-deposit route.
If a required payment is missed, the landlord may file a praecipe to terminate the supersedeas. Money deposited is held through the court process and may be released to the landlord by court order while the appeal is pending. Terminating the supersedeas allows possession to proceed; it does not, by itself, dismiss the appeal.
Security deposits: limits, the 30-day accounting, and the written address rule
Pennsylvania law. For a residential lease, the deposit may not exceed two months' rent during the first year and one month's rent during the second and later years or a renewal. Additional escrow and interest rules apply after the second anniversary and to longer tenancies. 68 P.S. §§ 250.511a–250.511c.
Within 30 days after the lease ends or the landlord accepts surrender, whichever occurs first, the landlord must provide a written list of claimed premises damage and return the balance after lawful deductions. Failure to provide the list forfeits the right to retain the escrow for premises damage or sue the tenant for that damage. Failure to return the excess can produce liability for twice the amount by which the deposit exceeds tenant-caused damage. Those are specific statutory consequences, not an automatic award of twice every deposit in every dispute. 68 P.S. § 250.512.
Repairs, habitability, and self-help
Pennsylvania law. Every residential lease includes an implied warranty of habitability. A condition can breach that warranty when it materially prevents the property from serving its residential purpose or affects facilities vital to life, health, or safety. Materiality depends on the nature, seriousness, and duration of the condition. The tenant must establish notice to the landlord, a reasonable opportunity to repair, and a failure to correct the condition. Pugh v. Holmes, 486 Pa. 272, 405 A.2d 897, 903–08 (1979). The residential warranty cannot be waived. Fair v. Negley, 257 Pa. Super. 50, 390 A.2d 240 (1978).
Depending on the proof, remedies recognized in Pugh can include rent abatement, a habitability defense, and reasonable repair-and-deduct relief after proper notice and an opportunity to repair. A tenant who simply stops paying without documenting the condition, giving notice, preserving the withheld money, and planning how to prove the defense risks a possession judgment even when the repair problem is real.
A residential landlord may not use a lockout, utility shutoff, door removal, or similar self-help to dispossess a tenant; the landlord must use legal process. A tenant likewise should not treat a serious condition as permission to ignore the lease and court papers. The safer course for either side is a documented record and a timely filing.
Northampton and Lehigh County practice
Northampton County. The MDJ serving the property's district hears the initial case. An appeal to the Court of Common Pleas is filed through the Prothonotary. Our Northampton County civil-procedure guide explains the Common Pleas filing path, and the Northampton County court-forms page collects current court links.
Lehigh County. Landlord-tenant appeals are filed through the Clerk of Judicial Records, Civil Division, at 455 West Hamilton Street in Allentown. The county publishes separate landlord and tenant self-help pages, including the tenant appeal and supersedeas instructions. Our Lehigh County courts guide covers the county's broader filing and appeal mechanics.
Representation for landlords and tenants
| For landlords | For tenants |
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For other contract, property, or civil-dispute questions, start with the general civil-law services page.
What to bring to a consultation
- The complete lease, including addenda, renewals, and any notice-waiver clause.
- Every notice and court paper, especially the MDJ judgment showing its entry date.
- A payment ledger, receipts, bank records, and communications about rent.
- Condition evidence, including dated photographs, inspection reports, repair requests, invoices, and proof of delivery.
- Deposit records, the move-in and move-out condition evidence, written forwarding address, itemization, and refund.
Frequently asked questions
How fast can an eviction happen in Pennsylvania?
After any required notice period, Rule 504 ordinarily sets the MDJ hearing between seven and 15 days after the complaint is filed. Rule 514 permits judgment at the hearing's conclusion or within three days. Service, court scheduling, and case-specific orders can affect the actual date.
How long do I have to appeal an eviction judgment?
A residential possession appeal ordinarily is due within ten days after entry of judgment, not mailing or receipt. A qualifying domestic-violence victim has a 30-day affidavit route. Money-only judgments carry 30 days, and any other late appeal requires leave of court and good cause.
Does filing an appeal stop the eviction?
Not by itself. A tenant ordinarily must satisfy Rule 1008 to obtain a supersedeas, including security equal to the lesser of three months' rent or the arrears and ongoing deposits every 30 days. Qualifying lower-income tenants may use the rule's affidavit and staged-deposit route.
How much can a landlord take as a security deposit?
For a residential lease, up to two months' rent in the first year and one month's rent in the second and later years or a renewal. The landlord generally has 30 days after termination or accepted surrender, whichever occurs first, to provide the damage list and return the lawful balance. 68 P.S. §§ 250.511a–250.512.
Can my landlord change the locks or shut off utilities?
A residential landlord may not use a lockout, utility shutoff, door removal, or similar self-help to dispossess a tenant. The landlord must use the court process.
Is a notice to quit always required?
Generally, but not invariably. Section 250.501 ordinarily supplies a ten-day period for nonpayment and a 15- or 30-day period for expiration or breach. A written lease may shorten or waive that notice, and mobile-home-park tenancies follow different rules.
This page is general information about Pennsylvania landlord-tenant law and county procedure, not legal advice about any lease, tenancy, or case. Statutes, rules, local procedures, leases, and court orders change or may create exceptions. No outcome is promised, and reading this page does not create an attorney-client relationship.