Removing a Houseguest When There's No Rental Agreement

Attorney Answer

To remove long-term guests who have no lease, start with a clear written notice to vacate; if they don't leave, you file an ejectment action in the Court of Common Pleas for your county — not the Magisterial District Court. Pennsylvania landlord-tenant law generally does not govern unpaid guests since there's no rental agreement, but that cuts both ways — you also cannot simply lock them out or remove their belongings yourselves. Self-help removal like that can expose you to civil liability, even against guests who never signed a lease.

The record doesn't say how long your friends have been staying or whether they've already refused to leave, so the right move depends on where things stand: if they're still willing to go, a clear written notice to vacate by a specific date is often enough. If they refuse after that notice, the case goes to the Court of Common Pleas. Under 42 Pa.C.S. § 1515(a), a magisterial district judge's jurisdiction reaches only summary offenses, matters under the Landlord and Tenant Act of 1951, and civil claims up to $12,000 "in assumpsit, except cases of real contract where the title to real estate may be in question" or in trespass. Ejectment is none of those. It belongs to the courts of common pleas, which 42 Pa.C.S. § 931(a) gives "unlimited original jurisdiction of all actions and proceedings," and it is governed by Pa.R.C.P. 1051-1058. The very thing that puts your friends outside landlord-tenant law — no rental agreement — is what closes the magisterial district door, so filing there would cost you weeks before you were redirected. Dollar figure stated as of publication.

One thing worth pinning down first: if it turns out they have been paying you anything for the room, they may be tenants after all. In that case a landlord-tenant complaint does belong in the Magisterial District Court under 42 Pa.C.S. § 1515(a)(2), and that is the faster route. An attorney can tell you which of the two you are actually in before you file.

What you can do:

1. Give a written notice to vacate with a specific move-out date, and keep a copy.

2. If they leave voluntarily, no further action is needed.

3. If they refuse, file an ejectment action in the Court of Common Pleas for your county — under 42 Pa.C.S. § 931(a) that is the court with jurisdiction — rather than removing them yourselves.

4. Avoid changing locks, shutting off utilities, or discarding belongings, as this can create liability for you.

5. Document what's being photographed and when; if it looks like surveillance, harassment, or an attempt to gain leverage over you, contact local police and consult an attorney about your options.