How Long Do I Have to Move After a Writ of Possession in PA?

When a landlord-tenant dispute in Pennsylvania escalates to the point of court involvement, one of the final steps in the eviction process is the issuance of a writ of possession. This legal document empowers the sheriff or constable to forcibly remove the tenant from the property if they don’t vacate voluntarily. 

However, many tenants and landlords alike are unclear about what happens once a writ of possession is issued and how much time a tenant has to move after writ of possession. You should get legal representation from an experienced Pennsylvania landlord and tenant lawyer to protect your rights and interests in a dispute. 

What Is a Writ of Possession in Pennsylvania?

A writ of possession is a legal order issued by a Magisterial District Judge (MDJ) or a Court of Common Pleas that allows the sheriff or constable to take possession of a rental property and return it to the landlord. It comes after the landlord has won an eviction judgment, either because of nonpayment of rent, lease violations, or the end of a lease term.

The issuance of the writ isn’t automatic. The landlord must formally request it after receiving a favorable judgment in the initial landlord-tenant hearing.

Key Legal Timeline: From Judgment to Eviction

To understand how long a tenant has to move, we must break down the eviction writ timeline in Pennsylvania.

Step 1: Judgment Issued

Once the landlord wins at the landlord-tenant hearing, the judge enters a judgment for possession (and possibly back rent or damages).

• Appeal Period Begins: Tenants have 10 days to file an appeal to the Court of Common Pleas (25 days for commercial leases or judgments involving rent in arrears over $5,000).

Step 2: Requesting the Writ of Possession

If the tenant doesn’t file an appeal or pay the judgment, the landlord can request the issuance of a writ of possession.

• Legal Waiting Period: Under Rule 515 of the Pennsylvania Rules of Civil Procedure, the landlord must wait 10 days from the judgment before requesting a writ of possession.
• If the tenant files an appeal during this period, execution of the writ is stayed (put on hold).

Step 3: Writ of Possession Issued

Once requested and granted, the writ authorizes the constable or sheriff to serve it on the tenant. This triggers the critical countdown: the final window of time a tenant has to vacate.

• Service of the Writ: The sheriff or constable must serve the writ in person or post it conspicuously on the rental unit.
• Mandatory Waiting Period: Under Rule 516, the tenant has 10 additional days from the date of service to vacate the premises voluntarily.

Bottom Line: Tenants in Pennsylvania typically have a total of 20 days after the judgment to move. This includes 10 days before the writ is issued and 10 days after the writ is served.

What Happens After the 10-Day Writ Period?

If the tenant doesn’t vacate within 10 days after the writ is served, the sheriff or constable is legally empowered to forcibly remove the tenant and change the locks. At this stage of the writ of possession eviction process in Pennsylvania, the eviction is carried out physically. The tenant may lose access to their belongings, which may be left outside or subject to storage under local rules.

What About Belongings Left Behind?

Pennsylvania law doesn’t mandate how long a landlord must store a tenant’s personal property after eviction. However, the Disposition of Abandoned Personal Property Act (Act 129 of 2012) gives tenants 10 days to contact the landlord about retrieving property, and up to 30 days to retrieve it if notice is given.

• Landlords must give written notice of the intent to dispose of property.
• Tenants can be charged reasonable storage fees during this time.

Failing to retrieve belongings during this period can result in them being legally discarded or sold.

Can a Tenant Extend the 10 Days After the Writ Is Served?

In limited circumstances, tenants may be able to delay or prevent the final lockout:

Filing a Petition to Stay the Writ

A tenant may petition the court to stay (pause) the writ of possession—usually to obtain more time due to hardship (e.g., health issues, children, disabilities).

• This request must usually be made within 10 days after the writ is served.
• The tenant must present compelling reasons and may be asked to pay into escrow any rent owed.

Filing for Bankruptcy

Federal bankruptcy law automatically stays eviction proceedings once a tenant files a bankruptcy petition.

• However, if the landlord has already obtained a judgment for possession, they can file a motion for relief from the automatic stay, and the eviction may still proceed.
• The protection may not apply if the judgment includes a finding of illegal drug use or if the stay is lifted by the bankruptcy court.

Important Considerations for Landlords in Pennsylvania

For landlords, the issuance of a writ of possession represents a final legal tool to regain possession, but it must be exercised carefully.

• No Self-Help Evictions: Landlords in Pennsylvania may not change the locks, shut off utilities, or remove tenant property without a writ and sheriff involvement.
• Timing is Crucial: Delays in requesting the writ or improperly serving it can prolong the process.
• Appeal Watch: Landlords should check if the tenant files an appeal or a motion to stay during the 10-day post-judgment window.

Important Considerations for Tenants in Pennsylvania

For tenants facing eviction after a writ is issued, time is of the essence. Once served:

• Act Quickly: You have just 10 days to move out or take legal steps to stay the eviction.
• Seek Legal Counsel: Early legal representation from a skilled attorney can affect the outcome.
• Understand Your Rights: If you have a disability or face undue hardship, you may have grounds to request more time.

Special Protections in Certain Cases

Domestic Violence Survivors

Under federal law (e.g., the Violence Against Women Act, or VAWA), tenants who are survivors of domestic violence may not be evicted solely because of abuse committed against them. Some Pennsylvania courts may allow additional protections or time to vacate.

Active-Duty Military Members

Under the Servicemembers Civil Relief Act (SCRA), active-duty servicemembers have protections against eviction and may be able to postpone proceedings.

COVID-19-Related Moratoriums (Now Expired)

Although federal and state eviction moratoriums are no longer in effect, certain counties may still have backlog protocols or offer rental assistance that can delay or resolve evictions.

Can I Appeal After a Writ Is Issued?

While the 10-day appeal window technically closes before the writ is issued, exceptions exist:

• If you missed the appeal deadline due to fraud, mistake, or other extraordinary cause, you may petition the Court of Common Pleas for a nunc pro tunc (late) appeal.
• You must show a compelling reason and act quickly, typically within 30 days of the judgment.

However, if the landlord has already executed the writ and possession has changed hands, restoring possession becomes extremely difficult.

How Our Pennsylvania Landlord and Tenant Attorneys Will Represent Your Interests

At Morella Bencsics, we understand that landlord-tenant disputes can escalate quickly, affecting your financial stability, business operations, and peace of mind. Whether you’re a property owner seeking to protect your investment or a tenant fighting to preserve your housing rights, our attorneys are committed to delivering responsive, results-driven representation to pursue your goals.

Representation for Landlords

For landlords, we begin by reviewing their lease agreements to ensure they’re enforceable under Pennsylvania law. When a landlord files an eviction suit due to unpaid rent, our attorneys at Morella Bencsics ensure every step, starting with filing fees and paperwork at the clerk’s office, is handled properly to protect your interests. 

From the moment your eviction case is filed, we help prepare for the scheduled court date, argue effectively before the judge, and secure a court order setting the eviction date. Whether you’re seeking to collect money owed or fighting to delay or dismiss the action, we’re by your side from the initial filing through resolution.

Our attorneys will ensure strict compliance with procedural rules to avoid delays or liability. We also handle property damage claims, rent collection disputes, and appeals with skill and speed.

Representation for Tenants

For tenants, we assess the legality of the eviction process and ensure your rights haven’t been violated. If a landlord fails to follow the law, we can challenge improper notices, defend you in court, or negotiate favorable settlements that allow you time to relocate or avoid eviction altogether before the scheduled date. 

We also strongly represent tenants in cases involving unsafe living conditions, illegal lockouts, and security deposit violations. Our legal team is deeply familiar with the Pennsylvania Landlord and Tenant Act and local court procedures throughout Western Pennsylvania. We prioritize clear communication, practical advice, and strong advocacy, whether in negotiation or litigation. 

When you work with Morella Bencsics, you gain legal allies who are committed to aggressively fighting for your rights every step of the way. To schedule your free consultation, call us at (412) 960-1656 or contact us online.