Can't Pay Rent in Pennsylvania: What Are My Options?

What the law says

1. 1

   Pennsylvania has no statewide law that gives you extra days to pay after the rent due date. A grace period (extra time to pay before a late fee starts) exists only if your lease gives you one. Read the rent part of your lease. It sets the amount, the due date, and any late penalty.

   No Pennsylvania statute caps late fees for most rentals. The Attorney General's guidance says a late fee should not be too high. The fee should match what the late payment really costs the landlord.

   Source:

   1. Consumer Guide to Tenant and Landlord Rights, Part IV.A, Pennsylvania Office of Attorney General. A government guide.
2. 2

   If you miss rent, your landlord cannot go straight to an eviction. The landlord must first give you a written notice to quit (a notice saying you must move out). For unpaid rent, the notice must give you 10 days counted from the day it is served. Your landlord can give less time or skip this notice only if your lease says so.

   Sources:

   1. 68 P.S. § 250.501(b), Pennsylvania General Assembly. Law.
   2. Consumer Guide to Tenant and Landlord Rights (Version 1.1, June 13, 2022), Part V.C.1, Notice to Quit, Pennsylvania Office of Attorney General. A government guide.
3. 3

   The notice is not the end. Your landlord still cannot remove you after the notice deadline passes. The landlord cannot change your locks or shut off your utilities (water, electric, gas). Only a court case that the landlord wins, followed by a court order, can make you leave.

   Source:

   1. Consumer Guide to Tenant and Landlord Rights, Part V.C, Pennsylvania Office of Attorney General. A government guide.

Talk to your landlord

4. 4

   Some Pennsylvania cities offer eviction diversion or mediation (a meeting with a neutral person who helps you and your landlord reach an agreement). Philadelphia has such a program. Settling this way can avoid an eviction record (court papers about an eviction case). Ask your court or city hall whether a program exists where you live.

   Source:

   1. Consumer Guide to Tenant and Landlord Rights, Part V.C, Pennsylvania Office of Attorney General. A government guide.

Get help paying rent

5. 5

   Rental assistance (money to help pay your rent) still exists at the county level. Your county's Housing Assistance Program (HAP) may pay rent, security deposits, and utilities (water, electric, gas) if you are in danger of eviction. Each county runs its own HAP. Who qualifies and how much help you can get differ by county.

   Source:

   1. Homeless Assistance Program page, Rental Assistance service, Pennsylvania Department of Human Services. A government guide.

If you still cannot pay

6. 6

   If your landlord files an eviction case, it follows fixed steps. First, the landlord files a complaint at the magisterial (local) district court, which handles evictions. Then the court sets a hearing 7 to 15 days after the filing. Finally comes the judge's decision, a short time to appeal, and only then an order to remove you from the home.

   Source:

   1. 246 Pa. Code Rule 504(a), Pennsylvania Code. An agency rule.
7. 7

   Paying stops a rent-only eviction at any point before the officer actually removes you. Pay the rent you owe plus court costs to the constable or sheriff (the officer who carries out evictions). The officer must give you a signed receipt. The eviction then ends, even after the landlord has won in court.

   Sources:

   1. 68 P.S. § 250.503(c), Pennsylvania General Assembly. Law.
   2. 246 Pa. Code Rule 518, Pennsylvania Code. An agency rule.
8. 8

   Losing the eviction case does not erase the rent. The judgment (the judge's official decision) can order two things. You must give the home back, and you must pay the unpaid rent and court costs. The money part remains after you move out. It is a debt you still owe.

   Source:

   1. 68 P.S. § 250.503(a), Pennsylvania General Assembly. Law.
9. 9

   A debt collector (a company hired to collect money) may contact you about unpaid rent. A law limits what they can do. It is called the Fair Debt Collection Practices Act. Collectors cannot lie to you. Collectors cannot treat you badly. A collector cannot keep bothering you. If one breaks these rules, you can complain to the Consumer Financial Protection Bureau. This government office helps with unfair debt collectors.

   Source:

   1. FDCPA overview, Consumer Financial Protection Bureau. A government guide.
10. 10

    Suppose you pay off a judgment (the court decision about the money you owed). Ask your landlord in writing to mark the judgment satisfied, which means recorded as paid. The landlord then has 90 days, counted from your written request, to record it. After that, a landlord with no good reason for the delay owes you money. The amount is 1% of the judgment for each late month, with a minimum of $250 and a maximum of $2,500. 1% of a $3,000 judgment is $30, so you would get the $250 minimum for that month.

    Source:

    1. Consumer Guide to Tenant and Landlord Rights, Part V.C.7; 42 Pa. Cons. Stat. § 8104(b), Pennsylvania Office of Attorney General. A government guide.
11. 11

    An eviction case leaves an eviction record (court papers about the case). The record stays even if you win or the landlord drops the case. Pennsylvania does not automatically seal or erase these records. The record can show up when you apply for housing later. Getting a paid judgment (the court decision about money) marked satisfied, meaning recorded as paid, keeps your record accurate.

    Source:

    1. Consumer Guide to Tenant and Landlord Rights, Part V.C.8, Pennsylvania Office of Attorney General. A government guide.