What to do when someone is occupying your property in Pennsylvania

This article explains what Pennsylvania property owners can expect and the common steps to remove a person who is squatting on real property before a sale. It describes criminal and civil options, practical steps for sellers and buyers, and how adverse possession can affect long-term disputes. This is educational only and is not legal advice.

Detailed answer

1. First determine the occupant’s legal status

Not every unwanted occupant is a “squatter” in the legal sense. Typical categories:

• Criminal trespasser: someone who entered without permission and refuses to leave.
• Holdover tenant: someone who had (or claims to have had) a lease, oral or written, and remains after the lease ended.
• Person claiming rights by long possession (adverse possession).
• Buyer/occupant with a disputed ownership claim or family member asserting a right to stay.

2. Immediate options: law enforcement vs. civil court

Contacting police is appropriate when the person is an obvious trespasser and you fear unlawful entry, damage, or threats. Pennsylvania criminal trespass law makes it unlawful to enter or remain on property when not privileged to do so. See 18 Pa.C.S. § 3503 for the criminal trespass statute: 18 Pa.C.S. § 3503 (criminal trespass).

However, police often will not evict someone if the officer views the matter as a civil dispute (for example, if the occupant claims to be a tenant). In those cases, you must use the civil courts to regain possession.

3. The civil route: filing a possessory action and obtaining a writ of possession

If law enforcement will not remove the occupant, the common civil procedure is a possession action. In Pennsylvania this usually begins in the magisterial district court (for summary possession claims) or the Court of Common Pleas for more complex rights-to-title matters. The typical steps are:

1. File a complaint for possession (sometimes called ejectment, forcible entry and detainer, or a summary possession action depending on the circumstances).
2. Serve the occupant with the complaint and a hearing date.
3. Attend the hearing. The court decides whether the occupant lawfully possesses the property.
4. If the court rules for the owner, it issues an order of possession and, if necessary, a writ of possession authorizing a constable or sheriff to physically remove the occupant.
5. After the writ is executed, change locks and secure the property.

Timelines vary by county and case complexity. Summary possession matters can move quickly (weeks), while ownership or quiet-title disputes can take months.

4. Special issues when the property is under contract to sell

If a buyer is scheduled to close, the presence of a squatter can prevent closing. Title companies often require the property be delivered vacant and free of undisclosed occupants. Options include:

• Delay closing until the occupant is removed.
• Use an escrow holdback (money held back from closing funds) while removal proceeds.
• Obtain a court order (expedited possession action) and use that to clear title before closing.
• Ensure the title company and lender know of the issue—lenders may refuse to fund until possession is cleared.

5. Adverse possession and long-term occupancy

Adverse possession lets a person gain title if they openly, continuously, exclusively, and hostilely occupy land for the statutory period. Adverse-possession claims are fact-specific and require strict legal criteria. If someone has occupied the property for many years and claims ownership, a quiet-title action combined with a defense to adverse possession (or negotiating a settlement) may be required. Consult an attorney promptly if you suspect a long-term adverse-possession claim.

6. Practical safety and documentation steps

• Do not attempt a self-help eviction (changing locks or physically removing people). Self-help evictions can be illegal in Pennsylvania and can expose you to liability.
• Document everything: photos of occupancy (date-stamped), communication attempts, police reports, and any threats or property damage.
• Get a police report when law enforcement responds, even if they don’t remove the occupant.
• Keep the title company, buyer, or lender informed if the property is under contract.

When to hire an attorney

Talk to a real estate or property attorney if:

• The occupant claims tenancy or ownership.
• There is a possible adverse possession claim.
• You need help with a fast, court-ordered removal before a sale.
• You face threats, violence, or complex title issues.

Helpful hints

• Start by confirming whether the occupant has a written lease or other legal claim.
• If you call police, ask for a written incident or trespass report and the officer’s business card.
• File a civil possession action if police will not remove the person. Magisterial district courts handle many summary possession matters in Pennsylvania; the County Court of Common Pleas handles more complex disputes.
• Notify your title company and lender right away if a sale or closing is scheduled; they may advise or require specific court orders or holdbacks.
• Preserve evidence of entry date and behavior by the occupant (photos, witness statements, utility records). This helps both criminal and civil cases and any title dispute.
• Never use force or illegal lockout methods. Those acts can expose you to criminal charges and civil suits.
• If you suspect the occupant is trying to create a claim by residing for a long period, talk to an attorney quickly—statutes of limitations and adverse-possession rules are time-sensitive.

Quick resources

• Pennsylvania criminal trespass statute (18 Pa.C.S. § 3503): https://www.legis.state.pa.us/…
• Pennsylvania Courts (information on magisterial district judges and civil filings): https://www.pacourts.us/

Disclaimer: This information is educational only and does not constitute legal advice. Laws change and facts matter. Consult a licensed Pennsylvania attorney to get advice tailored to your situation.