Pennsylvania Commercial Eviction Process: Notices and Confessions of Judgment

Evicting a commercial tenant in Pennsylvania involves higher financial stakes but, paradoxically, can be a significantly faster process than residential eviction. This speed is largely due to the widespread legality of specific commercial lease clauses.

The Eviction Process

Because commercial leases are explicitly excluded from the statutory notice requirements of the Landlord and Tenant Act of 1951 for non-payment of rent (specifically under 68 P.S. § 250.501(b)), the eviction process and notice periods are governed entirely by the terms of the commercial lease agreement.

1. Notice to Quit

The landlord must serve the commercial tenant with a written Notice to Quit. The timeframe for this notice is not statutory like residential leases; rather, it is dictated by the specific default and cure provisions negotiated in the commercial lease contract. If the lease specifies a 5-day notice for non-payment, the landlord only needs to provide 5 days.

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. After 10 days, the landlord requests a Writ of Possession, which is executed by law enforcement giving the tenant an additional 11 days to vacate before forced removal.

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 scrutinize it heavily. To be enforceable:

• The clause must be highly conspicuous in the lease (often in ALL CAPS or bolded).
• The tenant must explicitly sign or initial immediately adjacent to the clause.
• It can generally only be used against a sophisticated commercial entity, not an individual making under a certain income threshold.

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

Even if a landlord doesn't use a Confession of Judgment, most commercial leases contain a "Waiver of Notice" clause. By signing the lease, the tenant waives their right to receive any prior 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 generally viewed as illegal, even in commercial settings. While some landlords attempt to craft lease clauses justifying a commercial lockout for unpaid rent, courts frequently rule against them, exposing the landlord to massive liability for disrupting the tenant's business. Landlords should always use the court system or a Confession of Judgment.

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 OverviewAnteprima non disponibile.