Evicting in Philadelphia: What Landlords Must Have in Place First

No License, No Case: How Compliance Status Controls Your Right to File

Philadelphia's core enforcement mechanism is blunt: an owner without a valid rental license may not collect rent (Phila. Code §9-3902(1)(a)) and is denied the right to recover possession or collect rent for the period of noncompliance or license suspension (Phila. Code §9-3901(4)(e)). Courts have denied back rent for unlicensed gaps even where the landlord later got licensed — that rent is gone. You must attach a copy of your rental license to any eviction or rent action, and Philadelphia Municipal Court flags complaints that don't include it.

The Certificate of Rental Suitability works the same way. Under Phila. Code §9-3903(1)(a), you must get a free CRS from L&I (issued no more than 60 days before the tenancy starts) and deliver it to the tenant at the inception of each tenancy, along with your signed attestation, the City of Philadelphia Partners in Good Housing Handbook, and a link to the "How to Register" voter-registration page on the City Commissioners' website. The City's guidance says lease renewals trigger a new CRS too. No rent is due and no eviction is available for any period before valid delivery; late delivery restores your rights only going forward, never retroactively.

A third bar covers older properties. If your rental was built before March 1978, Phila. Code §6-809(4) denies you the right to recover possession or collect rent while you lack the required lead-safe or lead-free certification, and you must attach the certificate (or proof the property isn't covered) to any eviction or rent filing.

The Eviction Diversion Program Comes First — Every Time

The Eviction Diversion Program (Phila. Code §9-811) is a mandatory pre-filing gate for every residential eviction in Philadelphia — permanent since Bill 240245 (passed Council 16-1 May 30, 2024; signed June 12, 2024), subject to continued funding under the bill text.

Three steps. First, serve the tenant the official Notice of Diversion Rights and keep proof of mailing or hand delivery. Second, apply to the program — the application requires an active rental license, proof the notice was sent, and a rent ledger that matches the arrears you're claiming. Third, participate in good faith for at least 30 days from application approval: respond promptly, attend mediation or housing-counselor sessions. Only then may an eviction complaint be filed.

Filing without completing the required diversion participation violates §9-811 and can jeopardize your case. One wrinkle: under the Safe Healthy Homes Act (effective November 1, 2026, subject to pending litigation), serving a Diversion Rights notice itself counts as an action to terminate a tenancy that requires good cause.

Good Cause: The Rules for Ending a Tenancy, Now and After November 1, 2026

Under current law (Phila. Code §9-804(2), effective April 22, 2019), you need good cause to end a residential lease of less than one year — including month-to-month tenancies and leases that have converted to month-to-month. Nine non-exhaustive grounds include habitual non-payment, material lease breach, nuisance, substantial property damage, refusal of access after written notice, refusal to sign a materially similar extension, owner or family move-in, refusal of a reasonable rent increase or lease changes, and planned renovations. Give at least 30 days' written notice stating the good-cause reasons, by hand delivery or first-class mail with proof of mailing. Without valid good cause and compliant notice, the lease renews month-to-month at the tenant's option, and the tenant can challenge within 15 business days at the Fair Housing Commission or in court.

Starting November 1, 2026 — under enacted Bill 250330-AA, signed May 7, 2026, and subject to pending litigation (the HAPCO federal suit; no injunction found as of late July 2026) — good cause will be required at the expiration of ANY residential lease, not just leases under one year. Covered conduct broadens from issuing a notice to taking any action to terminate a tenancy: notices to vacate or non-renew, Diversion Rights notices under §9-811, and initiating or pursuing an eviction action (ejectment excepted). A new ground is added for a bona fide arm's-length sale to a purchaser who will owner-occupy within 90 days of closing — it requires the executed agreement of sale, the purchaser's signed statement, and at least 60 days' notice of non-renewal.

The amended law's exemption is narrow: it covers only a tenant renting a unit the landlord also occupies as a primary residence and has since the tenancy began — a room in your own home, essentially — and even then a court must so find. A live-in duplex owner renting a separate unit is not exempt. Remedies also expand: compensatory damages or elective $1,000-per-violation statutory damages, up to treble damages for willful violations, attorney's fees, and possible suspension or revocation of the rental license, during which no rent may be collected or increased (Phila. Code §9-804(14)).

Who Actually Carries Out an Eviction (Context, Not a To-Do)

Since March 18, 2025, residential evictions in Philadelphia must be executed by licensed, insured eviction officers with annual training in firearm safety, crisis intervention, and de-escalation (Phila. Code §9-812, added by Bill 240018, approved June 18, 2024). The burden falls on the officers, not you; two takeaways anyway. A lockout happens only through this licensed channel at the end of a court process — changed locks, shut-off utilities, or removed doors are self-help moves that risk being treated as illegal lockouts. And the regulated, documented execution stage is one more reason your paper trail has to be clean.

November 1, 2026: The Filing Paperwork Gets Heavier (Subject to Pending Litigation)

The Safe Healthy Homes Act (Bill 250329-AA, signed May 7, 2026, effective November 1, 2026, subject to pending litigation) rewrites what an eviction filing must include. Under amended Phila. Code §9-3901(4)(h), any action for eviction or rent collection must attach a copy of your rental license, copies of ALL Certificates of Rental Suitability required during the tenancy, and copies of ALL code violations issued for the unit or property during the relevant tenancy. Your license must be neither expired nor suspended (Phila. Code §9-3902(1)(a) as amended).

A fresh-CRS rule arrives on top: at the time of filing any eviction action, you must provide to the tenant AND the court a CRS issued by L&I no more than 30 days beforehand (Phila. Code §9-3903(1)(c)). Failure means you are denied the right to file or obtain possession, and you bear the burden of demonstrating CRS compliance during the tenancy. Tenants also gain the right to demand a fresh CRS once per 90 days, with a 10-day response window — missing it suspends your right to collect rent until you provide one.

Safe harbors exist: a 15-day grace period after license expiration if you renew within it, City-caused re-inspection delays, and pending non-Title-4 tax or lien appeals (with required disclosure). Tenant-side remedies are real: refund of rent collected while noncompliant, $1,000-per-violation liquidated damages, and attorney's fees (Phila. Code §9-3901(4)(i)). After November 1, 2026, open violations won't just block a license renewal — they'll be stapled to your complaint.

Your Eviction-Readiness File: Have These Before You Think About Filing

Keep a file per property that would survive a filing today. The costs are modest — the rental license is $69 per unit annually (capped at $27,830 per building) and the CRS is free from L&I via eCLIPSE. The file needs:

• An active rental license — unexpired, unsuspended — which requires a Commercial Activity License, City tax clearance, and no outstanding L&I violations (Phila. Code §9-3902; prerequisites at §9-3901(2)(b))
• Your current CRS with proof of delivery — plus the signed attestation, Handbook, and voter-registration link (Phila. Code §9-3903(1)(a)) — and copies of every CRS issued during the tenancy
• For pre-March-1978 properties: a current lead-safe certificate (valid 4 years) or lead-free certificate (permanent), filed with the Health Department, with the tenant's receipt (Phila. Code §6-803)
• The complete code-violation history for the unit and property during the tenancy — resolved, with documentation
• A rent ledger that matches, to the dollar, any arrears you would claim
• Proof of service of the Notice of Diversion Rights and your Eviction Diversion Program participation record (Phila. Code §9-811)
• Written documentation of your good-cause grounds and the notice you served, with proof of mailing or hand delivery (Phila. Code §9-804)

Before Any Actual Filing: Talk to a Lawyer

This guide covers only the compliance prerequisites — what must exist before a filing is even possible. It does not cover strategy, pleading, defenses, or your specific tenancy: those are legal questions, and we are an information service, not a law firm. The law here is layered, actively litigated (the November 2026 changes face the pending HAPCO federal suit), and unforgiving of procedure — a defective notice or a missing certificate can cost you months and the arrears themselves.

Before you serve a good-cause notice, apply to diversion, or file anything with Municipal Court, talk to a licensed Pennsylvania attorney who handles Philadelphia landlord-tenant matters — and hand them a complete compliance file: license active, CRS current, lead certificate on record, violations resolved, ledger clean. In Philadelphia, your right to the courtroom runs through your compliance record.