[PA] How do I evict a tenant who vacated the property?
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First, you’ve done the right thing by serving a Notice to Pay or Quit (68 P.S. Real and Personal Property Section 250.501). Under Pennsylvania law, abandonment can be presumed if:
- The tenant has vacated and given written notice,
- The lease has ended through eviction/expiration, or
- The tenant has been gone for 10+ days after rent was due and hasn't responded.
After the April 28 deadline, inspect the property. Look for signs like disconnected utilities, uncollected mail, or missing personal items. If only low-value items are left behind, that may suggest abandonment.
If you conclude the property is abandoned, secure any items left behind and store them carefully. Provide written notice to the tenant. They have 10 days from the postmark to retrieve their belongings or request storage (up to 30 days), and you may charge reasonable storage fees.
If there’s no response after the 10-day window, you can reclaim the property. However, to fully protect yourself, you’ll likely need to file an eviction lawsuit to get a judgment for possession. This involves a court hearing and potentially a writ of possession.
Keep detailed records and documentation throughout the process.
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Hello, I’m reaching out regarding a tenant I have in Pennsylvania. The lease began on March 1, 2025, but I haven’t received any rent for April, and the tenant isn’t responding to any of my attempts to contact him. I served an official Notice to Pay or Quit on April 18, 2025, stating he must pay or vacate by April 28. There has still been no communication or payment. Also, the lease required a two-month deposit, but he only paid one month’s rent and one month’s deposit. He said he had a Zelle limit and promised to send the rest the next day. I realize now I was too trusting. With the 4/28 deadline approaching and still no word, I’m not sure how to confirm whether he’s moved out. Could you advise on the next legal steps, including confirming abandonment and regaining possession?
Good afternoon and welcome to AskaLawyer. Please give me a moment to review your question.
Thanks.
First, you’ve done the right thing by serving a Notice to Pay or Quit (68 P.S. Real and Personal Property Section 250.501). Under Pennsylvania law, abandonment can be presumed if:
- The tenant has vacated and given written notice,
- The lease has ended through eviction/expiration, or
- The tenant has been gone for 10+ days after rent was due and hasn't responded.
After the April 28 deadline, inspect the property. Look for signs like disconnected utilities, uncollected mail, or missing personal items. If only low-value items are left behind, that may suggest abandonment.
If you conclude the property is abandoned, secure any items left behind and store them carefully. Provide written notice to the tenant. They have 10 days from the postmark to retrieve their belongings or request storage (up to 30 days), and you may charge reasonable storage fees.
If there’s no response after the 10-day window, you can reclaim the property. However, to fully protect yourself, you’ll likely need to file an eviction lawsuit to get a judgment for possession. This involves a court hearing and potentially a writ of possession.
Keep detailed records and documentation throughout the process.
Thank you so much. Just to be clear—even if the tenant has already moved out, I still have to go to court?
Yes, unfortunately, you do. You're very welcome.
Thank you.
