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Seller guidePennsylvania · NEPA

Squatters or a Tenant Who Won't Pay? Your Options in Pennsylvania

Pennsylvania changed its squatter law in 2024. Here's how removal works for someone who was never your tenant, the real timeline for evicting a tenant who stopped paying, the mistakes that backfire, and how to sell the house at any stage.

Published 10 min readSources checked and linked

In this guide
  1. Squatter, tenant or holdover?
  2. When police can help
  3. Removing a squatter in court
  4. Evicting a tenant who stopped paying
  5. What not to do
  6. Belongings left behind
  7. Can a squatter take the house?
  8. Selling an occupied house
  9. Questions owners ask
  • 2024

    Act 88: no notice to quit for someone who was never a tenant

  • 10

    days' notice to quit for unpaid rent

  • ~40

    days for the fastest nonpayment eviction, with no appeal

  • 21

    years of possession for adverse possession

Sources: Act 88 of 2024, 68 P.S. § 250.501, Pa.R.Civ.P.M.D.J. 504 to 519 and 1002, and 42 Pa.C.S. § 5530. The 40-day figure is our estimate from the court rules' minimum times.

Squatter, tenant or holdover? Why the label matters

The first question is who the person is, because that decides which process you use. Act 88 of 2024, signed July 17, 2024 and in effect since September 15, 2024, changed the definition of a tenant. A tenant now has to be living there with the owner's express or implied consent, which includes a written or oral lease, or the owner or an agent accepting rent. Someone who is not and never has been a tenant is owed no notice to quit, and the Landlord and Tenant Act doesn't apply to them.

Who is in the house and which process applies
Who is in the houseHow they got thereProcessWhere
SquatterMoved in without the owner's permission; never paid rent the owner acceptedPolice (trespass) or an ejectment caseLocal police, Court of Common Pleas
Tenant who stopped payingWritten or oral lease, or rent the owner acceptedNotice to quit, then a landlord-tenant complaintMagisterial district court
HoldoverThe lease ended and they stayedNotice to quit, then a landlord-tenant complaintMagisterial district court
Guest or relative who won't leaveLet in without a leaseDepends on the factsAsk a Pennsylvania attorney first
Based on Act 88 of 2024 and the Landlord and Tenant Act of 1951. A holdover has been a tenant, so the notice and court process still apply.

When police can help

Pennsylvania's criminal trespass law makes it a third-degree felony to enter, or secretly stay in, a building without permission, and a second-degree felony to break in. Staying after the owner personally tells someone to leave can be defiant trespass, a misdemeanor. There is a defense if the person reasonably believed the owner would have allowed them to be there, which is why a fake or disputed lease can stall things.

Whether officers act is up to them. Even before Act 88, the Pennsylvania Association of Realtors warned that "it may be difficult to convince the police to become involved." The bill's sponsor said squatters who stay where they aren't licensed or privileged commit defiant trespass, but the law did not create a special police removal process.

  • Bring your deed or tax records and photo ID
  • Bring proof there is no lease and you never accepted rent
  • Tell the occupant in person, with officers present, to leave
  • Ask officers for an incident number either way

Removing a squatter through ejectment

If police treat it as a civil matter, the owner files an ejectment action in the Court of Common Pleas, which is available when the occupant was never a tenant and refuses to leave. The Pennsylvania Association of Realtors puts the best case at an order around 30 days after the occupant is served, and more likely several months. Owners who hold the house in an LLC generally need a lawyer to file.

Evicting a tenant who stopped paying, step by step

Landlord-tenant cases go through the magisterial district court. Here is the order of events and the time each step takes under the court rules.

  1. 1

    10 days

    Serve a notice to quit

    For unpaid rent the notice is 10 days. At the end of a lease or for other breaches it's 15 or 30 days, depending on the lease. A written lease can shorten or waive the notice. Serve it in person, at the property, or by posting it there.

    68 P.S. § 250.501

  2. 2

    Hearing in 7–15 days

    File at the magisterial district court

    The court sets a hearing 7 to 15 days after you file, and the complaint has to be served at least 5 days before it. Anyone else living there is warned they may be evicted too.

    Pa.R.Civ.P.M.D.J. 504, 506

  3. 3

    Same day to 3 days

    Hearing and judgment

    The judge rules at the end of the hearing or within 3 days.

    Rule 514

  4. 4

    10 days

    Wait out the appeal window, then request possession

    A residential tenant has 10 days to appeal (30 for a domestic violence victim who files the required affidavit). After the 10th day, and within 120 days of the judgment, you can request an order for possession.

    Rules 1002(B), 515

  5. 5

    Within 48 hours

    The order is served

    The sheriff or a certified constable serves the order within 48 hours of receiving it.

    Rules 516, 517

  6. 6

    11 days after service

    Lockout

    On or after the 11th day after service, the officer can remove the tenant and any unauthorized occupant. In a case about rent only, the tenant can still pay the judgment and costs any time before the lockout and stay.

    Rules 518, 519

Total without an appeal: about 40 days at best (about 30 if the lease waives the notice), and often 6 to 9 weeks. An appeal with rent paid into escrow, the lesser of three months' rent or the rent owed and then monthly rent, can add months.

These are our estimates from the minimum and maximum times in the court rules, not a promise from any court.

Local courts and 2026 filing costs
Local detailWhat to know
Pittston courtMagisterial District 11-1-04, 35 Broad St., Pittston, 570-655-0552
Archbald and Jessup courtMagisterial District 45-3-04, 400 Church St., 2nd floor, Archbald
2026 filing costs$102.50 for claims up to $2,000, $125.50 up to $4,000, $171 up to $12,000, plus service fees
MediationSince Oct. 1, 2025, districts may offer eviction mediation
Sources: Luzerne and Lackawanna County court directories and the Supreme Court of Pennsylvania's 2026 cost table.

What not to do

Frustration is understandable, but these moves can turn a strong case into a lawsuit against you. The Attorney General's tenant guide is direct: landlord self-help eviction is prohibited.

  • Changing the locks while someone is living there
  • Shutting off heat, water or electricity to force them out
  • Removing or throwing out their belongings
  • Accepting money from a squatter
  • Threats, or showing up with friends instead of police
  • Waiting months before you act

Belongings left behind

For tenants, 68 P.S. § 250.505a sets the rules once an order for possession has been carried out or the tenant has otherwise abandoned the unit. The landlord must first send a written notice. The tenant then has 10 days from the postmark to take the items or ask that they be stored for up to 30 days, at the tenant's own cost. If there is a known protection-from-abuse order, the items are held 30 days. A written lease can set different terms, and violating the section can cost triple damages plus attorney fees.

For someone who was never a tenant, ask an attorney how to handle belongings before anything is thrown out.

Can a squatter end up owning your house?

Practically never. Adverse possession in Pennsylvania takes 21 years of "actual, continuous, exclusive, visible, notorious, distinct and hostile" possession, the standard the state Supreme Court repeated in December 2025. A narrow exception allows 10 years for a single-family home on half an acre or less that the claimant lived in the whole time, and it still requires a quiet title lawsuit.

Selling a house with a squatter or tenant in it

You don't have to finish the removal before you sell. A buyer takes on the seller's rights and duties, including any lease, and can continue the process after closing.

Under 68 P.S. § 250.104, a buyer has the same rights and duties as the seller. Hand over the lease, the rent history and the security deposit. Pennsylvania caps deposits at two months' rent in the first year and one month after that, and deposits must be returned or itemized within 30 days after a tenant leaves.

Finish the removal, then sell

Get possession through police, ejectment or eviction, clean up and list it vacant.
  • Most buyers
  • Slowest
Best for
Owners who want the widest pool of buyers and can wait.
Watch out
Months of taxes, insurance and utilities if there's an appeal or an ejectment case.

Sell with the tenant and lease in place

Market it as a rental to investors who want the income.
  • Investor buyers
Best for
A tenant who pays, or a problem that's close to resolved.
Watch out
The buyer inherits the lease and deposit, and a non-paying tenant scares most buyers off.

Negotiate a move-out

Some owners offer money for a signed agreement to leave by a set date and hand over the keys.
  • Can be fastest
Best for
Quick resolution when the occupant is willing.
Watch out
Have an attorney draft it, and don't pay until they're out and the keys are back.

What we do

Sell as-is with the problem

We buy with the occupant, the lease or the half-finished case in place, then handle the rest after closing.
  • No lockout needed first
  • Cash
  • Your closing date
Best for
Owners who are done: out of town, out of patience, or out of money for the process.
Watch out
Our price accounts for the time and cost we take on, so compare our written offer with your other options.
Real Pittston project

94 Market Street: occupant out, sold as-is

We bought this Pittston house in May 2026 knowing there had been an unauthorized occupant before closing and that the inside was rough. After we regained possession and finished the cleanout, our construction schedule was full, so we sold it as-is to Manny, a local buyer partner with his own renovation crew.

4-minute updatePart 2 of 2

94 Market Street · Pittston, PA

We bought 94 Market Street in May 2026. Watch Part 1, our first look inside, on YouTube.

Questions owners ask

Can police remove a squatter in Pennsylvania?

Sometimes. Staying after the owner personally orders someone to leave can be defiant trespass, and entering or secretly staying in a building without permission can be criminal trespass. Officers decide whether to act. If they treat it as a civil matter, the owner's route is an ejectment action in the Court of Common Pleas.

Do I owe a squatter a notice to quit?

Not if the person never was your tenant. Since Act 88 of 2024 took effect on September 15, 2024, the Landlord and Tenant Act doesn't apply to someone who is not and never has been a tenant, and no notice to quit is required. Anyone with a lease, or whose rent you accepted, is a tenant and gets the full notice and court process.

How long does it take to evict a tenant who stopped paying?

About 40 days at best if nobody appeals, and often 6 to 9 weeks, counting the 10-day notice, the hearing, the 10-day appeal window and the 11 days after the order is served. An appeal with rent paid into escrow can add months.

Can I change the locks or shut off the utilities?

No. The Pennsylvania Attorney General's tenant guide says self-help eviction is prohibited, including changing locks or shutting off utilities to force someone out. The lockout is done by a sheriff or constable under an order for possession.

Can a squatter end up owning my house?

Practically never. Adverse possession in Pennsylvania takes 21 years of actual, continuous, exclusive, visible, notorious and hostile possession. A narrow exception allows 10 years for a single-family home on half an acre or less, and it still requires a court case.

What do I do with belongings a tenant leaves behind?

Send the written notice the law requires first. The tenant then has 10 days from the postmark to take the items or ask for up to 30 days of storage at their own cost. A written lease can change these terms, and getting it wrong can mean triple damages.

Can I sell a house with a tenant or squatter still inside?

Yes. A buyer steps into the seller's rights and duties, including any lease, and can continue the removal after closing. Many financed buyers won't buy an occupied problem house, which is why owners often sell to a cash buyer instead.

What happens to the lease and security deposit when I sell?

The lease carries over to the buyer. Give the buyer the lease, the rent history and the tenant's deposit. Pennsylvania caps deposits at two months' rent in the first year and one month after that, and deposits must be returned or itemized within 30 days after a tenant moves out.

Sources

Checked September 26, 2026. Laws, fees, programs and dates change, so confirm with the office listed before you rely on them.

  1. Act 88 of 2024 (SB 1236) · Justia
  2. Laughlin squatter legislation heads to the Governor · Pennsylvania Senate Republicans
  3. 18 Pa.C.S. § 3503, criminal trespass · Justia
  4. Removing unwanted occupants · Pennsylvania Association of Realtors
  5. Ejectment research guide · Jenkins Law Library
  6. Removing occupants: ejectment vs. eviction · CGA Law Firm
  7. 68 P.S. § 250.501, notice to quit · FindLaw
  8. Pa.R.Civ.P.M.D.J. 504 (hearing date) · Cornell Legal Information Institute
  9. Pa.R.Civ.P.M.D.J. 514 (judgment) · Cornell Legal Information Institute
  10. Pa.R.Civ.P.M.D.J. 515 (order for possession) · Cornell Legal Information Institute
  11. Pa.R.Civ.P.M.D.J. 519 (delivery of possession) · Cornell Legal Information Institute
  12. Pa.R.Civ.P.M.D.J. 1002 (appeal time) · Cornell Legal Information Institute
  13. Pa.R.Civ.P.M.D.J. 1008 (appeal and rent escrow) · Cornell Legal Information Institute
  14. Tenant and landlord guide · Pennsylvania Office of Attorney General
  15. 68 P.S. § 250.505a, tenant's property after eviction · FindLaw
  16. 42 Pa.C.S. § 5530, 21-year limit · Justia
  17. 42 Pa.C.S. § 5527.1, 10-year residential exception · FindLaw
  18. 68 P.S. § 250.104, rights of a buyer of leased property · FindLaw
  19. Understanding landlord-tenant law in Pennsylvania · North Penn Legal Services
  20. 68 P.S. § 250.511a and § 250.512, security deposits · FindLaw
  21. Magisterial district offices · Luzerne County
  22. Magisterial district judges · Lackawanna County
  23. 2026 magisterial district court cost table · Supreme Court of Pennsylvania

This guide is general information about Pennsylvania law, not legal advice. Removing an occupant has real legal risk, so talk with a Pennsylvania landlord-tenant attorney about your situation before you act.

Statute text was read on public legal databases and should be confirmed against the official Pennsylvania code. Court fees and rules change; confirm them with the magisterial district court.

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