How to Evict a Roommate Not on Your Lease in Pennsylvania

Living with a roommate can simplify rental costs, but conflicts do arise—especially when your roommate is not on your lease. In Pennsylvania, special rules apply if you need to evict someone not officially listed on your rental agreement. This guide explains your rights, the legal process, and essential steps to remove a non-lease roommate, all in clear, renter-friendly terms.

Understanding Roommate Status in Pennsylvania

When a roommate isn't on the official lease, they're often referred to as an "unauthorized occupant" or "subtenant." In Pennsylvania, landlords—and sometimes primary tenants—must follow state eviction laws even when dealing with someone not formally on the lease.

Is Your Roommate a Subtenant or a Guest?

Before taking action, determine your roommate’s legal status:

• Subtenant: Has paid you rent or has a verbal/written agreement to stay; may have some tenant protections.
• Guest: Stays temporarily, with no rent paid and no agreement; generally does not have legal tenancy rights.

Most roommates who pay rent or share utilities, even informally, are legally considered subtenants. This will affect your eviction process.

Eviction Process for a Roommate Not on the Lease

In Pennsylvania, even if your roommate isn’t on the lease, you cannot simply change the locks or remove their belongings. You must follow legal eviction procedures under the Landlord and Tenant Act of 1951^[1].

1. Give Proper Written Notice

You must provide your roommate with written notice to vacate. If there is no rental agreement, Pennsylvania law generally requires at least a 15-day notice if rent is paid monthly.

• Include the reason for removal (e.g., end of arrangement, nonpayment, violation of house rules).
• State the date by which the roommate must leave.

2. File for Eviction (If Roommate Won't Leave)

If the roommate does not vacate after the notice period, you can file an eviction (called "Landlord/Tenant Complaint") in your local district court (Court of Common Pleas – Magisterial District Judges).

• Use Form AOPC 310A: Landlord/Tenant Complaint
• You become the "landlord" and your roommate the "tenant" for eviction purposes

After filing, the court will set a hearing date. If the judge rules in your favor, the court will issue an order for your roommate to leave (called an "Order of Possession").

3. Official Forms You'll Need

• Landlord/Tenant Complaint (AOPC 310A): Used to initiate eviction proceedings in Pennsylvania. You'll file this form with your local district court if a roommate refuses to leave after being given notice.
  Download Form AOPC 310A from the Pennsylvania Unified Judicial System
• Order of Possession: Issued by the judge if you win your case, authorizing a constable to remove the roommate if they still do not leave.
  View order details at the Pennsylvania Judiciary website

All eviction hearings in Pennsylvania related to residential tenancies are handled by the Magisterial District Courts of the Pennsylvania Unified Judicial System.

Summary of Steps to Remove a Roommate Not on the Lease

Evicting a roommate not on your lease involves:

• Giving written notice (at least 15 days for month-to-month arrangements)
• Filing a Landlord/Tenant Complaint if they stay beyond the notice period
• Attending a hearing at your local district court
• If necessary, enforcing an Order of Possession with law enforcement assistance

Legal Protections: Things You Cannot Do

• You cannot lock your roommate out, remove their belongings, or shut off utilities—this is called a "self-help eviction" and is illegal in Pennsylvania.
• You must wait for an official court order before law enforcement can remove your roommate if they refuse to leave.

For details, refer to the full text of the Pennsylvania Landlord and Tenant Act of 1951.

FAQs: Roommate Eviction in Pennsylvania

1. Can I evict my roommate myself if they’re not on the lease?
   No. You must follow Pennsylvania’s formal eviction process, including notice and a court order.
2. How long does the eviction process take?
   The timeline varies, but expect 4–8 weeks after filing if your roommate contests the eviction.
3. What if my roommate refuses to leave after a court order?
   If your roommate stays after the court’s Order of Possession, a constable can lawfully remove them.
4. Do I need a lawyer to file for eviction?
   You do not need a lawyer, but legal advice is recommended for complicated cases. The court clerk can help with forms and procedures.
5. Will my landlord be involved?
   If you are the official leaseholder, you don’t need your landlord’s involvement unless your lease prohibits subletting. Always review your lease terms first.

Key Takeaways

• You must follow Pennsylvania's legal eviction process to remove a roommate, even if they are not on the lease.
• Never attempt self-help eviction; always use official notice and court procedures.
• Forms and hearings are handled by your local Magisterial District Court.

Need Help? Resources for Renters

• Find your local Magisterial District Court
• PA Law Help – Tenant & Eviction Information
• Pennsylvania Legal Forms for Landlord/Tenant Matters
• Full text of the Pennsylvania Landlord and Tenant Act of 1951
• Contact your local Legal Aid office or the court clerk for free assistance with forms and answers to eviction questions.

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1. Pennsylvania Landlord and Tenant Act of 1951
2. Magisterial District Courts (Eviction Cases)
3. PA Unified Judicial System – Tenant/Landlord Forms

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