My Tenant Is Behind on Rent
in Philadelphia, PA.
What Are My Options?

When a tenant falls behind on rent, many Philadelphia landlords assume their only options are to keep waiting or immediately file for eviction. Neither approach is necessarily the right first move.

Philadelphia has a detailed landlord-tenant process, and a landlord who skips required notices, licenses, certifications, or the City's Eviction Diversion Program may create delays, lose leverage, or have difficulty pursuing unpaid rent.

The key is to act early, document everything, and make sure the property is legally ready before moving forward.

Start by Reviewing the Tenant's Account

Before contacting the tenant or beginning a formal process, prepare an accurate rent ledger. The ledger should clearly identify:

• The monthly rent
• Each payment received and the date and amount of every payment
• Any permitted late fees
• The total balance currently due
• The months covered by the unpaid balance
• Any credits or assistance payments received

Communicate With the Tenant Promptly

A tenant who misses one payment may be dealing with a temporary setback. A tenant who has stopped communicating may present a much larger problem. Contact the tenant in writing and ask:

• Why has the rent not been paid?
• Is the problem temporary or ongoing?
• Can the tenant make a partial payment?
• Is the tenant willing to enter into a written repayment agreement?
• Does the tenant intend to remain in the property?

Avoid informal promises that are never documented. Any payment arrangement should clearly state:

A poorly written agreement can create more confusion rather than solving the problem.

Philadelphia's Eviction Diversion Program

Philadelphia landlords are generally required to participate in the City's Eviction Diversion Program in good faith before filing an eviction action. The program is intended to help landlords and tenants resolve disputes outside of court through services that may include:

• Direct negotiation
• Mediation
• Housing counseling
• Payment agreements
• Targeted Financial Assistance for eligible cases

Before applying, the landlord must send the tenant the current Notice of Diversion Rights and retain proof that the notice was properly delivered. This notice is separate from any notice required under the lease or Pennsylvania landlord-tenant law.

The landlord should also be prepared to provide:

Philadelphia requires reasonable good-faith participation for at least 30 days from the date the application is approved before an unresolved matter may generally proceed toward an eviction filing. Additional waiting requirements may apply when financial assistance has been received.

Can You File for Eviction Immediately?

In most Philadelphia residential cases, a landlord should not simply file an eviction complaint without first addressing the Eviction Diversion requirements.

Before a court case is filed, the landlord may also need to serve a proper Notice to Vacate. The notice period and wording can depend on:

• The written lease
• The reason for termination
• The amount of rent owed
• Whether the lease waives or modifies statutory notice
• Whether the tenancy is month-to-month or for a fixed term
• Whether other lease violations are involved

Make Sure the Property Is Properly Licensed

Waiting until the tenant owes several months of rent to investigate the property's licensing status is a serious mistake. Philadelphia Municipal Court filing instructions require landlords to include the current housing or rental license and the licenses covering the period for which rent is being claimed.

Before proceeding, verify whether the property has:

Do You Have a Current Lead-Safe or Lead-Free Certification?

Philadelphia landlords must test and certify applicable rental properties as lead-safe or lead-free to execute a new or renewed lease and to obtain or renew a rental license. For properties constructed before 1978, this commonly requires an inspection by a qualified lead professional and submission of the lead certificate and supporting inspection results to the City. Each rental unit may require its own certification.

A landlord should confirm:

Consider a Written Repayment Agreement

Eviction is not always the best financial result. A vacant unit can produce:

• Lost rental income during vacancy
• Cleaning and repair expenses
• Court and service costs
• Leasing commissions and advertising expenses
• Turnover time and the risk of selecting another unreliable tenant

When the tenant has stable income and the arrears are manageable, a structured repayment agreement may recover more money than an immediate vacancy. However, the agreement must be realistic. Accepting a promise that the tenant cannot possibly afford only postpones the problem.

Consider a Voluntary Move-Out Agreement

When the tenant cannot afford the property and no sustainable payment arrangement is available, a voluntary move-out agreement may be another option. A properly prepared agreement can establish:

• A specific move-out date
• The condition in which the property must be returned
• How keys will be delivered
• Whether any balance will be waived or reduced
• Whether the landlord will provide relocation assistance
• What happens if the tenant fails to leave
• Whether the agreement resolves all claims

Do Not Allow the Balance to Grow Without a Plan

One of the most expensive landlord mistakes is waiting month after month while hoping the tenant will eventually catch up. A $1,200 delinquency can quickly become $4,800 or $6,000. By that point, even a willing tenant may have no realistic way to repay the balance.

Once the tenant misses a payment, the right sequence of steps is:

1. Update the ledger.
2. Contact the tenant in writing.
3. Determine whether the problem is temporary.
4. Review the lease and notices.
5. Check the property's licenses and lead certification.
6. Begin the Eviction Diversion process when appropriate.
7. Document every payment, communication, and agreement.
8. Consult an attorney before filing in court.