Here’s how the eviction process works
Matthew Rich, an attorney with MidPenn Legal Services, recently gave a presentation on the landlord/tenant mediation process along with Jordan Cunningham, an attorney who represents landlords. The presentation included these basics about the eviction process:
- Eviction Notice/Notice to Quit: It is a 10-day notice for nonpayment of rent and a 15-day notice for other breaches of a lease or the end of the lease term.
- A complaint is filed with the Magisterial District Judge, MDJ.
- A hearing is held before the MDJ within seven to 15 days.
- The tenant has the right to appeal the MDJ’s judgment to the Court of Common Pleas. The tenant has 10 days from the date of the judgment to appeal and stop eviction. The tenant has 30 days from the date of the judgment to appeal only the money portion, but that does not stop the eviction.
- The landlord does not physically evict the tenant. The eviction is performed by a constable.
- If there isn’t an appeal, the landlord requests an Order for Possession, OFP, from the MDJ, and that can happen on the 11th day after the judgment is entered.
- The MDJ issues the OFP, which is served by a constable.
- The constable schedules an eviction to take place on the 11thday after the date the OFP is served.
- The MDJ will often say that a tenant has “21 days to be out,” which is the 10-day appeal period, plus the 10-day OFP notice period, with execution on day 21.
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