Pennsylvania Act 88: How Landlords Can Legally Remove a Squatter

Philadelphia landlords learn quickly that vacancies have a way of attracting problems. You finally get the old tenant out, you are halfway through painting and a lock change, and then a neighbor texts: “There are lights on in your unit.” You rush over and hear a TV. Someone answers as if they belong there.

Now you are stuck in the worst kind of limbo. If you guess wrong, you risk an illegal lockout. If you move too slowly, you lose weeks of rent and control of your own property. Pennsylvania Act 88 was meant to cut through that mess by spelling out who is a tenant and who never was.

Key Takeaways

A tenant is someone in possession with your express or implied consent, including by oral agreement or by accepted rent.
If the person is not and never was a tenant, some landlord-tenant notice rules may not apply, but due process still does.
In Philadelphia, the right strategy depends on whether this is a tenant, a holdover, or a trespasser situation.
Self-help lockouts and utility shutoffs are still illegal.

What Act 88 Changed

Act 88 updated Pennsylvania’s Landlord and Tenant Act and took effect September 15, 2024. The big change is straightforward: it clearly defines who counts as a “tenant.”

Under Act 88, someone is considered a tenant only if they are in possession with the owner’s express or implied consent, either directly or indirectly. That permission can be a written lease, a verbal agreement, or you or your agent accepting rent.

This matters because once you have given consent, even casually, you usually must use the normal eviction process to regain possession. But if you never gave consent and the person was never, and never was, your tenant, Act 88 clarifies that, if the person was never a tenant, traditional Notice to Quit procedures under the Landlord and Tenant Act may not apply.

Act 88 is not magic. It mainly reduces delays caused by “maybe they’re a tenant” arguments.

Why Philadelphia Landlords Should Care

In Philadelphia, the gap between tenants can be short, and that is when problems sneak in. A unit sits empty for a few days while it's cleaned, painted, or locks changed, and suddenly someone is inside claiming they “live there.”

In that moment, police may hesitate because they have to determine whether it is a criminal trespass issue or a civil landlord dispute.

Philadelphia has a local process by which an owner or agent can submit an affidavit to request a police investigation. Just remember: that affidavit is not a removal order. If the person will not leave, you may still need a court case to regain possession.

Tenant, Holdover, or Squatter

Before you do anything, get the label right. It drives the entire legal process.

Tenant: Moved in with your permission, even if the agreement was informal or the lease has now expired.
Holdover: Started with permission, but stayed after the lease ended or after you ended the tenancy.
Unauthorized occupant (squatter/trespasser): Moved in or stayed without permission and cannot prove a right to be there.

One big warning: implied consent. If you accepted rent, or even texted “okay, just for a week,” that can be treated as permission. If you misclassify someone, you risk an illegal eviction claim.

First Steps That Protect You

Start with the boring paperwork. It is what keeps you safe later.

Prove you have authority: deed or management agreement, plus your ID.
Pull the paper trail: lease, renewals, notices, and any texts or emails showing permission (or none).
Check the money: look at your rent ledger and note whether you accepted any payment connected to that person.
Document the scene: take photos of the locks, any forced entry, and the unit’s condition.

Do this first, before you call anyone or confront the occupant.

Legal Options to Regain Possession

What you do next depends on who the person legally is.

If they are a tenant or holdover, you usually have to follow the standard eviction process. In Philadelphia, that often means Municipal Court, proper notices, a hearing, and a Sheriff lockout only after the court issues the right paperwork.
If they were never tenants, the appropriate remedy is often an ejectment action filed in the Court of Common Pleas. In some situations, there may also be a police investigation for trespass.

Either way, facts win cases. Solid documentation is what moves things forward.

What You Cannot Do

Do not lock them out, shut off utilities, remove doors, or toss belongings. Do not “move them out” while they are gone. Even if you are sure they are unauthorized, self-help can get you sued and can wreck your case.

A good rule: act like a judge will read every text, voicemail, and screenshot you send.

Common Mistakes

Calling a holdover a squatter: if they once had permission, the rules change.
Taking rent “just this once”: can look like you approved their stay.
Expecting police to solve it without proof: show ownership and your paper trail.
Waiting it out: the longer they stay, the messier it gets and the harder it is to regain control

Prevention During Turnover

Change the keys fast: rekey right after moving out and check every door and window.
Do an early walk-through: a quick visit within 24 to 48 hours can catch problems before they grow.
Write down any “short stay” deals: include dates, not vague promises.
Keep your records tidy: leases, ledgers, and notices should be easy to pull at a moment’s notice.

FAQ

Can I remove squatters immediately because of Act 88?
No. Act 88 helps classify the person, but removal still requires lawful procedures and often involves the courts.

What if the occupant claims they paid rent?
Look at whether you or your agent accepted it and whether you gave any permission. Accepted payments can support implied consent and may require formal eviction.

Does Act 88 remove tenant protections?
No. Lawful tenants keep their full protections. Act 88 mainly clarifies that a person without consent is not automatically treated as a tenant.

Regain Control Without Losing Your Cool

Act 88 gives Pennsylvania landlords a clearer definition of “tenant,” so an unauthorized occupant is less likely to get treated like a renter by default. In Philadelphia, your best advantage is still the basics: clean documentation, a calm approach, and choosing the correct legal path from day one.

Move too fast, and you risk an illegal lockout. Move too slow,w and you risk weeks of lost rent.

If you want a steady hand in a messy situation, Innovate Realty & PM can step in. We know Philadelphia’s procedures, help you build the paper trail, and guide the next move so you protect the property and get back to renting faster, without the guesswork. Book a schedule now!