Landlord-Tenant Glossary
Pennsylvania landlord-tenant law has its own vocabulary. This glossary explains the key terms you will encounter in an eviction, lease dispute, or security deposit case.
Abandonment
When a tenant vacates a rental unit without notice and stops paying rent. In Pennsylvania, the landlord must follow specific procedures before re-entering or disposing of any property left behind. A landlord cannot simply assume abandonment because the tenant has been away — there must be clear evidence the tenant does not intend to return.
Affidavit of Service
A sworn statement confirming that legal papers were properly delivered to the other party. In landlord-tenant cases before a Magisterial District Judge, the constable or process server files this to prove the tenant received the complaint. Improper service can be grounds to challenge an eviction judgment.
Appeal (Landlord-Tenant)
After a Magisterial District Judge enters judgment in a landlord-tenant case, either party has 30 days to appeal to the Allegheny County Court of Common Pleas. Filing the appeal triggers a de novo hearing — the case starts over from scratch in front of a new judge. Tenants must also file a supersedeas affidavit and escrow rent to avoid eviction during the appeal.
Constructive Eviction
When a landlord's actions (or failure to act) make a rental unit uninhabitable — effectively forcing the tenant to leave even though there was no formal eviction. Examples: refusing to repair heating in winter, allowing sewage backups, or permitting dangerous conditions. If constructive eviction is proven, the tenant may be relieved of the lease obligation.
Counterclaim
A legal claim filed by a tenant against the landlord within the same eviction case. Common counterclaims include habitability violations, illegal lockouts, wrongful security deposit withholding, and retaliation. Filing a counterclaim can offset or exceed the landlord's claim for rent.
De Novo Hearing
A completely new trial that starts from scratch — no reference to the previous hearing. When a landlord-tenant case is appealed from the Magisterial District Judge to the Court of Common Pleas, the appeal hearing is de novo. Both sides present their case fresh, and the lower court's decision has no weight.
Distraint / Distress
An archaic legal remedy allowing a landlord to seize a tenant's personal property to satisfy unpaid rent. Pennsylvania has largely abolished distraint for residential leases. Any landlord who attempts a self-help seizure of tenant property without a court order is acting illegally and may face liability.
Escrow (Rent Escrow)
Money deposited with the court or a neutral third party rather than paid directly to the landlord. Tenants on appeal in a landlord-tenant case must escrow monthly rent payments as they come due. Failure to escrow rent can result in dismissal of the appeal. Separately, tenants may seek court permission to escrow rent when a landlord refuses to make repairs (see Rent Withholding).
Eviction
The legal process by which a landlord removes a tenant from a rental property. In Pennsylvania, eviction requires a court order — landlords cannot change locks, remove doors, shut off utilities, or physically remove a tenant without going through the court process. The process begins with a notice to quit, followed by filing a landlord-tenant complaint with the Magisterial District Judge.
Failure to Vacate (Affidavit)
A sworn statement filed by a landlord after winning a possession judgment, certifying that the tenant has not moved out within the 10-day post-judgment period. This affidavit triggers the issuance of an Order for Possession, which authorizes the constable to physically remove the tenant.
Habitability (Implied Warranty)
A legal doctrine requiring that every residential rental in Pennsylvania be fit for human habitation. The landlord must maintain the structure, plumbing, heating, electrical, and common areas in safe and working condition. A tenant living in a unit with serious habitability defects has legal remedies including repair-and-deduct, rent withholding, and constructive eviction claims.
Holdover Tenant
A tenant who remains in the rental unit after the lease has expired or after receiving a valid notice to quit. Holdover tenants can be subject to eviction proceedings. In some cases, if the landlord continues to accept rent from a holdover tenant, a new month-to-month tenancy may be created.
Judgment for Possession
A court order granting the landlord the right to recover the rental property. After the Magisterial District Judge enters a judgment for possession, the tenant has 10 days to vacate (or file a supersedeas appeal). If the tenant does not leave, the landlord files an Affidavit of Failure to Vacate and the constable carries out the physical eviction.
Landlord-Tenant Complaint
The formal document a landlord files with the Magisterial District Judge to begin an eviction case. It states the grounds for eviction (nonpayment, lease violation, end of term, etc.) and the amount of rent owed. The filing triggers a hearing, typically scheduled 7–15 days out.
Lease
A contract between a landlord and tenant setting out the terms of the rental — rent amount, duration, rules, responsibilities, and grounds for termination. A lease can be written or oral, though written leases are strongly recommended. Pennsylvania law imposes certain obligations on both parties regardless of what the lease says.
Lockout (Illegal)
When a landlord changes the locks, removes doors, or otherwise physically prevents a tenant from entering their rental unit without a court order. Illegal lockouts are prohibited under Pennsylvania law. A tenant who is locked out can seek emergency relief from the court and may be entitled to damages.
Magisterial District Judge (MDJ)
The local judge who presides over landlord-tenant cases in Pennsylvania. MDJ courts handle the initial hearing for evictions, security deposit disputes, and small claims involving rental properties. Proceedings are less formal than the Court of Common Pleas but still legally binding. Appeals go to the Allegheny County Court of Common Pleas.
Month-to-Month Tenancy
A rental arrangement with no fixed end date — it automatically renews each month unless either party gives proper notice. In Pennsylvania, a landlord must give a month-to-month tenant at least 15 days' notice before the end of the rental period to terminate the tenancy. Tenants should give the same notice.
Notice to Quit
A written notice from the landlord informing the tenant that they must vacate the premises within a specified number of days. Pennsylvania requires different notice periods depending on the reason: 10 days for nonpayment of rent, 15 days for lease violations (month-to-month), and 30 days for end-of-term (year-long lease). The notice to quit is a prerequisite to filing an eviction complaint.
Order for Possession
A court order issued after the landlord files an Affidavit of Failure to Vacate, directing the constable to remove the tenant and their belongings from the property. This is the final step in the eviction process. The constable typically gives 24–48 hours' warning before carrying out the physical eviction.
Quiet Enjoyment
A tenant's legal right to use and enjoy their rental without unreasonable interference from the landlord. This includes freedom from harassment, illegal entry, and conditions that make the property unusable. Violations of quiet enjoyment can support a constructive eviction claim or a counterclaim for damages.
Rent Withholding
A legal remedy allowing a tenant to withhold rent when the landlord fails to correct serious habitability defects. Pennsylvania's Rent Withholding Act (35 P.S. § 1700-1) applies only where the municipality has certified the property as unfit for habitation. The tenant must deposit withheld rent in escrow. This is a powerful but narrow remedy — it does not apply to minor repair disputes.
Repair and Deduct
A remedy allowing a tenant to make necessary repairs that the landlord refuses to address, then deduct the cost from rent. Pennsylvania courts have recognized this remedy in limited circumstances. The tenant must first give the landlord written notice and a reasonable opportunity to repair. Documentation of the condition and costs is essential.
Retaliation
When a landlord takes adverse action against a tenant in response to the tenant exercising a legal right — such as reporting code violations, filing a habitability complaint, or joining a tenants' organization. Retaliatory eviction, rent increases, or service reductions are prohibited. If retaliation is proven, it can be a defense to eviction.
Security Deposit
Money paid by the tenant at the start of a lease, held by the landlord as protection against damage or unpaid rent. Pennsylvania's Landlord and Tenant Act of 1951 (68 P.S. § 250.511a–§ 250.512) limits deposits to two months' rent in the first year and one month after that. The landlord must return the deposit (minus legitimate deductions) within 30 days of lease termination, with an itemized list of deductions. Failure to comply can result in the tenant recovering double the deposit.
Self-Help Eviction
Any action by a landlord to remove a tenant without going through the legal eviction process — changing locks, removing belongings, shutting off utilities, or threatening the tenant. Self-help evictions are illegal in Pennsylvania. Landlords who engage in self-help can be sued for damages and may face criminal charges.
Supersedeas Affidavit
A sworn statement filed by a tenant when appealing an eviction judgment from the Magisterial District Judge. The supersedeas stays (pauses) the eviction during the appeal. The tenant must also escrow rent in the amount of the monthly rent as it becomes due during the appeal. Without the supersedeas, the landlord can proceed with eviction even while the appeal is pending.
Utility Shutoff (Illegal)
When a landlord intentionally disconnects or interferes with a tenant's utility service (gas, electric, water) as a means of forcing the tenant out. This is illegal in Pennsylvania and constitutes a self-help eviction. A tenant whose utilities are shut off can seek emergency court relief and damages.
Disclaimer: This glossary provides general legal information about Pennsylvania law and is not legal advice. Reading this page does not create an attorney-client relationship with Rob Cowburn, Esq. or Represent Yourself, LLC. Every legal situation is unique. If you have specific legal questions about your circumstances, contact an attorney for advice.
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