Renting a home that was foreclosed in Pennsylvania: your rights

Your rights as a renter in Pennsylvania, in order

1. The federal floor: 90 days, and often your full lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to leave, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. You are bona fide if you are not the former owner or the owner's spouse, child or parent, the deal was at arm's length, and the rent is not far below market unless subsidized. Section 8 voucher holders get extra protection. See the [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702; Pub. L. 115-174 § 304; 42 U.S.C. § 1437f(o)(7)

2. Watch for sale handbills on the property

   At least 30 days before the sheriff's sale

   The sheriff posts a handbill on the property and in the sheriff's office at least 30 days before the sale. The court rule on notice of sale does not require a separate written notice to tenants, so if you see a handbill, contact your landlord in writing and call legal aid.

   Pa. R.C.P. 3129.2(b)

3. Pennsylvania's notice to quit is shorter than the federal 90 days

   15 or 30 days under state law

   Under Pennsylvania's Landlord and Tenant Act, a notice to quit at the end of a term is 15 days for a lease of one year or less or with no fixed end, and 30 days for a longer lease, unless your lease allows less. For a bona fide tenant after a foreclosure, the longer federal 90 days still applies.

   68 P.S. § 250.501(b), (e)

4. Eviction goes through the magisterial district judge

   Hearing 7 to 10 days after the summons

   If you stay after a valid notice ends, the owner files a complaint and you get a summons for a hearing 7 to 10 days later. If the owner wins, a writ of possession can be issued after the fifth day, and it is carried out on the eleventh day after it is served on you. Go to the hearing with your lease, receipts and any notices.

   68 P.S. §§ 250.502(a), 250.503(a), (b)

5. Keep your utilities on if the landlord stops paying

   Notice at least 30 days before a shutoff

   If your landlord pays the utility and falls behind, the utility must give tenants written notice at least 30 days before shutting off service. You can keep service on by paying the utility an amount equal to one month's bill, and you can later take what you paid out of your rent or get it back from the landlord.

   66 Pa.C.S. §§ 1523(a)(3), 1527(a), (b), 1529

6. Who to pay, and your security deposit

   Within 30 days after you move out

   We found no Pennsylvania statute that says when rent switches to a foreclosure buyer or that moves your deposit to the buyer. Ask the buyer in writing for proof of ownership and where to pay, and keep receipts. When you leave, give your new address in writing; the landlord holding the deposit must send a list of damages and the rest of your deposit within 30 days, or can owe you double the amount wrongly kept.

   68 P.S. § 250.512

Common questions in Pennsylvania