When your tenant stops paying rent, the instinct is to file for eviction. In Philadelphia a landlord can't start there. The City requires notices first, then a stretch in its Eviction Diversion Program, and only then a court case. That order works in your favor more often than you'd think, because the same program can pay the back rent. Here is what to do, in order, and when it makes sense to get your tenant's back rent paid by the City instead of going to court.
What's on this page
What should you do first when your tenant stops paying rent?
Start with the paperwork, not the courthouse. Pull your ledger and work out exactly what your tenant owes, month by month, from the last time the balance was zero. Every route below starts from that number, and the City checks it.
Then check that you are allowed to collect it. The Eviction Diversion Program asks for proof of an active rental license, and Municipal Court asks for your licenses and the Certificate of Rental Suitability you gave the tenant. If any of those has lapsed, fix it now. Our guide to Philadelphia rental license requirements walks through the chain.
What you must not do is take matters into your own hands. The Philadelphia Municipal Court is plain about it: landlords must go through the court process to evict, and cannot change the locks, cut off utilities or remove a tenant's belongings. Those actions are illegal and carry penalties, fines and damages.
Which notices does a Philadelphia landlord have to send?
Usually two, and they are not the same document.
The Notice to Quit
Municipal Court lists a copy of the Notice to Quit among the documents a landlord brings to an eviction case, unless the lease says no notice is required. The letter tells your tenant they must leave because rent is overdue, and gives the date. Unless the lease sets a different period, the court's starting a landlord-tenant case page says the landlord must give 10 days if rent is overdue.
The Notice of Diversion Rights
This is the City's notice, and Phila. Code § 9-811 requires it before an eviction. It has to be in writing, delivered by hand or by mail with proof of mailing. The City asks you to use the 2022 Notice of Diversion Rights, and its program FAQ says the notice must be sent no more than 30 days before you apply. Keep proof that shows what you sent, who you sent it to, and when: a certified mail receipt, a dated photo of the notice on the door, or a signed statement of delivery all qualify.
The City's FAQ is explicit that the Notice of Diversion Rights does not replace any other notice the law or your lease requires. Send both.
Do you have to go through Eviction Diversion before you file?
For most evictions, yes. Under Phila. Code § 9-811, a landlord has no lawful basis to evict until they have enrolled in the program, sent the Notice of Diversion Rights, and taken part in reasonable good faith for at least 30 days. The program has been permanent since 2024 (Bill No. 240245, approved June 12, 2024). The code makes an exception where eviction is needed to stop an imminent threat of harm; if that is your situation, talk to a lawyer.
The 30 days are counted from approval, not from when you apply. The City's FAQ says the period begins the day after your application is approved, and a landlord who took part in good faith receives an Outcome Certificate on the 31st day.
Good faith has a definition. According to the City's program page, it includes giving accurate contact details for your tenant, answering messages from the tenant, a housing counselor or the program within five days, attending any mediation that is scheduled, and responding to each issue your tenant raises. Skip the step and the code lets your tenant raise it as a defense, and a court may dismiss the case.
Can the City pay your tenant's back rent instead?
Often, yes. Inside the program is Targeted Financial Assistance (TFA): a one-time payment from the City to the landlord covering the past-due amount plus two additional months of rent. You opt in on the same application by selecting "Yes" to TFA.
The City's FAQ lists the main conditions:
- Your tenant's arrears are $3,500 or less, as shown on your ledger or rent roll.
- Your tenant's income is below 80% of Area Median Income.
- You have not filed an eviction against the same tenant and unit within the past year.
- Any issues other than non-payment are settled in a signed written agreement.
Two rules matter for timing. The City says a landlord can expect payment within about two weeks after the City has approved all required documents. And a court filing against the tenant disqualifies a pending TFA application, so hold off on court while TFA is in review. After payment comes the two-month TFA Protection Period, which starts after the prepaid months and during which you may not file. Check the City's current FAQ for the exact terms before you apply.
Our separate guide covers Targeted Financial Assistance from the landlord's side in more detail.
What documents will you need either way?
For the Eviction Diversion application, the City asks for an active rental license, proof you sent the Notice of Diversion Rights, and a ledger showing the property address, your name, your tenant's name, and the dates of payments and balances. The balance on the ledger must equal the arrears on your application. TFA adds a signed landlord affidavit, bank verification, an IRS Form W-9 and proof of ownership.
For a court case, Municipal Court lists the lease (or a note that it is a spoken lease), a current Business Privilege License, a current Housing Inspection License, the Certificate of Rental Suitability, a Lead-Safe Certificate, unpaid utility bills if the lease makes the tenant pay them, and the Notice to Quit.
What does the City route cost a landlord?
The Eviction Diversion Program is free; the City calls it a free service for landlords and tenants. If you use our service, our fee is success-based: 33% of the funds the City pays. No recovery, no fee. You can also apply directly with the City yourself at no cost.
The money isn't the hard part; the application is. The City checks that the ledger balance equals the arrears you claim, that your notice came with proof of delivery, and that each document is uploaded separately, and an application that is not approved within 30 days expires. Our back-rent recovery service runs the whole filing and keeps every case in one view.
What if Eviction Diversion does not resolve it?
Once you hold an Outcome Certificate showing good-faith participation, you can file a landlord-tenant case at Municipal Court. The court currently accepts new cases in person at the First Filing Unit, 1339 Chestnut Street, Room 1000, with appointments preferred; check the court's page for fees and hours. The court's form list says the eviction itself is completed with a Praecipe for Writ of Possession, at least 10 days after your hearing.
The court can order a money judgment, but a judgment is not the same as being paid. That is why the diversion step is worth taking seriously: it is the one stage where the back rent can actually be paid. This guide is general information, not legal advice; for a contested case, speak to a lawyer.
See if your unpaid rent qualifies.
Tell us about the rental and the balance owed. We'll tell you straight whether the City will likely pay, usually within one business day. You owe nothing unless the City pays.
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