Pennsylvania Commercial Eviction: Notices & Judgments

Governed by the Landlord and Tenant Act of 1951 (68 P.S. § 250.101 et seq.), evicting a commercial tenant in Pennsylvania involves higher financial stakes but can be a significantly faster process than residential eviction. This speed is largely due to the widespread legality of specific commercial lease clauses, such as waivers of notice and confessions of judgment.

The Eviction Process

The commercial eviction process is governed by the Landlord and Tenant Act of 1951. While many commercial leases include waivers, the statutory notice periods apply if the lease is silent.

1. Notice to Quit

The landlord must serve the commercial tenant with a written Notice to Quit. Under 68 P.S. § 250.501, the statutory notice period is 15 days for non-payment of rent or leases of one year or less, and 30 days for leases longer than one year. However, per 68 P.S. § 250.501(e), these requirements apply only if the written lease does not explicitly waive or modify them. If the lease is silent, the statutory periods must be followed.

2. Filing a Complaint

If the tenant fails to cure the default or vacate, the landlord files a Landlord/Tenant Complaint in the appropriate Magisterial District Court.

3. Court Hearing and Writ

A hearing is held (usually within 7-15 days). If the landlord wins, the tenant has 10 days to appeal to the Court of Common Pleas (68 P.S. § 250.513). After 10 days, the landlord requests a Writ of Possession. Once the writ is served by a sheriff or constable, the tenant has a statutory 10-day period from the date of service to vacate the premises voluntarily. Forcible removal (execution) may only occur after the expiration of this 10-day period (68 P.S. § 250.511.5).

The "Confession of Judgment" (The Accelerated Route)

The true power in Pennsylvania commercial leases lies in the Confession of Judgment clause. While strictly illegal in residential leases, it is highly common and enforceable in commercial agreements.

What is it?

A Confession of Judgment is a clause in the lease where the commercial tenant preemptively agrees that, in the event they default (e.g., fail to pay rent), the landlord’s attorney can go directly to the county Prothonotary’s office and enter a judgment against the tenant on their behalf—without a trial or prior notice.

Two Types of Confessions

1. Confession of Judgment for Possession: Allows the landlord to immediately obtain a writ to evict the tenant and regain the property.
2. Confession of Judgment for Money: Allows the landlord to immediately obtain a monetary judgment for all unpaid rent and accelerated future rent for the remainder of the lease term.

Strict Enforcement Rules

Because this tool skips the tenant's right to due process, Pennsylvania courts (under PA R.C.P. 2950-2974) scrutinize it heavily. To be enforceable:

• The clause must be 'clear and manifest' and 'conspicuous' (often in ALL CAPS or bolded).
• The landlord must prove the tenant's waiver of due process was 'knowing and voluntary,' which usually requires the tenant's signature or initials in close proximity to the warrant of attorney clause.
• It can only be used in commercial/business transactions, not in consumer credit or residential mortgage transactions.

If executed flawlessly, a Confession of Judgment allows a landlord to effectively evict a commercial tenant in a fraction of the time a standard lawsuit would take.

Waiver of Notice to Quit

Under 68 P.S. § 250.501(e), commercial leases may contain a "Waiver of Notice" clause. By signing the lease, the tenant waives their right to receive the statutory Notice to Quit before an eviction action is filed.

This allows the landlord to immediately file an eviction complaint with the court the moment a default occurs, shaving weeks off the timeline.

Note on Self-Help Evictions

In Pennsylvania, "self-help" evictions (locking the tenant out, shutting off power) are strictly prohibited for both residential and commercial properties. Landlords must use the judicial process or a valid confession of judgment to regain possession. Courts frequently rule against landlords who attempt lockouts, exposing them to massive liability for disrupting the tenant's business (Wofford v. Vavreck, 22 Pa. D. & C.3d 444).

How Landager Helps

Commercial evictions depend entirely on the flawless execution of your lease documents. Landager securely stores your signed leases, ensuring that critical documents—like a cleanly initialed Confession of Judgment page—are instantly accessible when you need to hand them over to your legal counsel.

Back to Pennsylvania Commercial Property Laws OverviewPreview unavailable.