Your Rights as a Renter During Foreclosure in Pennsylvania

If your landlord’s property in Pennsylvania is facing foreclosure, it’s important to know you still have rights and protections as a renter. Foreclosure can feel overwhelming, but state and federal laws provide specific rules about eviction, notice periods, and the legal process. Understanding how these protections work can give you peace of mind and help you take the right steps if a bank or new owner tries to remove you from your home.

What Happens to Renters When a Property Goes Into Foreclosure?

Foreclosure is a legal process where a lender (usually a bank) takes ownership of a property because the owner hasn’t made required payments. In Pennsylvania, if you’re renting a home that goes through foreclosure, your lease does not automatically end. You still have rights under both federal and state law.

Key Renter Protections During Foreclosure

• Written Notice Required: After a foreclosure sale, renters are entitled to a written notice if the new owner wants to end the lease.
• Protecting Tenants at Foreclosure Act (PTFA): Federal law usually gives renters the right to stay for the remainder of their lease or at least 90 days after receiving notice of termination.
• Eviction Process Still Applies: A new owner must go through the proper court eviction process to legally remove you, following Pennsylvania's landlord and tenant law.

The Protecting Tenants at Foreclosure Act, reinstated by Congress, is especially important. It covers most residential renters and protects them from being immediately forced out when a property is sold after foreclosure (see PTFA details).

Your Rights and the Eviction Process

If the new owner wants you to leave, you must be given proper written notice. Most renters are entitled to:

• Stay until the end of their current lease (unless the new owner will use the property as their primary residence)
• At least 90 days’ written notice to move (if under a month-to-month tenancy, or if the purchaser will live in the property)

The new owner or bank cannot lock you out or remove your belongings without a court order. The eviction process must follow Pennsylvania’s Landlord and Tenant Act of 1951^[1].

Official Forms and Notices for Pennsylvania Renters

Pennsylvania renters may encounter several official documents during the foreclosure or eviction process. Knowing what these forms mean—and how to use them—can make a big difference.

• Notice to Quit (Form DC-100): Used to officially notify a tenant that the lease is ending or that the landlord (or new owner) wants possession of the property. If you receive this, read it carefully—this is the first step before court eviction.
  See the official Notice to Quit form.
  Example: If a bank takes over and wants you to move out in 90 days, they will issue a Notice to Quit.
• Landlord-Tenant Complaint (Form AOPC 310A): Filed in the local Magisterial District Court by the property owner to begin eviction proceedings. You will receive a copy and a court date.
  See the official Landlord-Tenant Complaint form.
  Example: If you do not move out after notice, a court complaint must be filed before any eviction happens.

Forms are handled by the Magisterial District Courts in Pennsylvania. You can look up your local Magisterial District Judge for more info or to respond to filings.

Responding to a Foreclosure-Related Eviction Notice

• Read all notices carefully and note important deadlines.
• Respond to any court complaint to avoid a default judgment.
• Attend your court hearing and bring your lease, proof of rent payments, and notices.

Pennsylvania Laws Protecting You

The main state law is the Landlord and Tenant Act of 1951, which outlines notice requirements and how eviction must proceed. Federally, the Protecting Tenants at Foreclosure Act gives you extra protection after a property is foreclosed.

Frequently Asked Questions

1. Can a new owner evict me immediately after foreclosure?
   No, you are entitled to written notice and at least 90 days to move unless your lease says otherwise or the new owner intends to live in the property.
2. Do I still have to pay rent during foreclosure?
   Yes, you must continue paying rent, usually to the new owner or the court-appointed agent. Ask for written proof about whom to pay.
3. Who handles eviction cases for renters in Pennsylvania?
   The Magisterial District Courts handle landlord-tenant disputes and eviction cases in Pennsylvania.
4. How do I know if my lease is still valid after foreclosure?
   Most leases remain valid until they expire. The new owner must honor your lease unless certain exceptions apply (for example, if they will move in).
5. What should I bring to court if I am facing eviction after foreclosure?
   Bring your lease, any payment receipts, all notices, and any correspondence between you and your landlord or the new owner.

Conclusion: What Renters Should Remember

• You cannot be removed from your rental home in Pennsylvania without proper written notice and a court order—even after foreclosure.
• You are usually protected by both state and federal laws requiring at least 90 days’ notice or until your lease ends.
• Do not ignore official forms or court notices—respond and seek legal help right away if needed.

Knowing your rights can help you stay informed and protect your home during this challenging process.

Need Help? Resources for Renters

• Find your local Magisterial District Court to respond to forms or file a complaint
• Pennsylvania Legal Aid Network – Foreclosure (free advice for renters)
• Pennsylvania Housing Finance Agency: Renter Rights Guide (PDF)
• Call the Pennsylvania Attorney General Bureau of Consumer Protection at 1-800-441-2555 for additional help.

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1. Landlord and Tenant Act of 1951 – Official Pennsylvania Statute
2. Federal Protecting Tenants at Foreclosure Act (PTFA) Details
3. Notice to Quit Form (DC-100) – Pennsylvania Courts
4. Landlord-Tenant Complaint Form (AOPC 310A)
5. Magisterial District Courts – Pennsylvania Unified Judicial System

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