Pennsylvania Notice to Cure or Quit (Lease Breach)

NOTICE TO CURE LEASE VIOLATION OR QUIT — COMMONWEALTH OF PENNSYLVANIA

Pursuant to 68 P.S. § 250.501(b) — The Landlord and Tenant Act of 1951

1. PARTIES AND PREMISES

2. DESCRIPTION OF LEASE VIOLATION

YOU ARE HEREBY NOTIFIED that you are in material breach of the Lease for the above-referenced premises in the following respect(s):

Specific Allegations. [Insert detailed factual narrative of the violation, including dates, times, witnesses, and prior warnings, if any.]

3. NOTICE PERIOD AND DEMAND TO CURE OR QUIT

You are required either to cure the above violation(s) (if curable) OR to quit and deliver up possession of the premises within the statutory notice period below:

☐ FIFTEEN (15) DAYS — Lease term is one (1) year or less, OR an indeterminate term (e.g., month-to-month). 68 P.S. § 250.501(b).

☐ THIRTY (30) DAYS — Lease term is more than one (1) year. 68 P.S. § 250.501(b).

☐ NO OPPORTUNITY TO CURE — INCURABLE BREACH — The above violation is material and incurable (e.g., illegal drug activity, violent criminal conduct on the premises, or other breach for which the lease expressly authorizes termination without cure). You must therefore vacate and deliver possession within the statutory notice period above. The Landlord will not accept any cure, and any tender of cure will be expressly rejected.

Cure Deadline / Vacate Deadline: 11:59 p.m. on [__/__/____] (a date not less than 15 or 30 days, as applicable, after service of this notice).

To CURE the violation, you must take the following corrective actions on or before the deadline above:

1. [SPECIFIC CURE ACTION #1, e.g., remove the unauthorized occupant by name]
2. [SPECIFIC CURE ACTION #2, e.g., remove the unauthorized pet]
3. [SPECIFIC CURE ACTION #3, e.g., repair damage at Tenant's expense]
4. [PROVIDE WRITTEN PROOF OF CURE TO LANDLORD AT [ADDRESS] BY THE DEADLINE]

4. CONSEQUENCES OF FAILURE TO CURE OR QUIT

If you fail to cure the violation OR vacate the premises by the deadline above, the Landlord intends, without further notice, to:

• File a Landlord/Tenant Complaint at the Magisterial District Court (or, in Philadelphia, the Municipal Court Landlord-Tenant Division) under Pa. R.C.P.M.D.J. 503 to recover possession;
• Seek a money judgment for unpaid rent (if any), damages, late fees, court costs, and any attorneys' fees provided by the lease;
• Pursue all other remedies available at law or equity.

This notice does not waive any rights or remedies. Acceptance of rent after service of this notice shall not constitute waiver unless the Landlord expressly agrees in writing.

5. PHILADELPHIA TENANTS — ADDITIONAL NOTICE OF DIVERSION RIGHTS

If the premises are located in Philadelphia, prior to filing an eviction the Landlord must (a) provide a Notice of Diversion Rights, (b) enroll in the Eviction Diversion Program, and (c) participate in good faith for at least thirty (30) days. Phila. Code § 9-811. The Eviction Diversion Program is free; information is available at eviction-diversion.phila.gov or (215) 686-7686.

Philadelphia's Good Cause Eviction Ordinance (Phila. Code § 9-804) restricts the grounds on which a residential landlord may terminate or refuse to renew certain tenancies. Material breach of a lease provision is generally a permitted ground; however, violations must be material and supported by evidence.

6. TENANT RIGHTS — GENERAL

You may have legal defenses to this notice, including but not limited to:

• Defective notice (incorrect notice period, vague allegations, premature service);
• Lack of any breach (the conduct is not prohibited or is permitted by the lease);
• Cure within the notice period;
• Implied warranty of habitability (Pugh v. Holmes, 486 Pa. 272 (1979)) — landlord's own breach;
• Retaliation prohibited by local ordinance;
• Discrimination prohibited by the PA Human Relations Act, Federal Fair Housing Act, or local ordinance.

You are encouraged to consult an attorney. Free or reduced-cost legal services:

• PA Legal Aid Network: palawhelp.org · (800) 322-7572
• Community Legal Services of Philadelphia: clsphila.org · (215) 981-3700
• Neighborhood Legal Services (Western PA): nlsa.us · (412) 255-6700
• MidPenn Legal Services (Central PA): midpenn.org · (800) 326-9177

7. SIGNATURE OF LANDLORD/AGENT

I certify under penalty of unsworn falsification to authorities (18 Pa.C.S. § 4904) that the foregoing is true and correct to the best of my knowledge, that I am the Landlord or duly authorized agent of the Landlord, and that I am serving this notice pursuant to 68 P.S. § 250.501(b).

8. PROOF OF SERVICE

On [__/__/____] at approximately [__:__ ☐ a.m. ☐ p.m.], I served this Notice on the Tenant(s) named above by the following method (check all that apply):

☐ Personal delivery to the Tenant at the premises;
☐ Personal delivery to an adult member of the household (name: [____]);
☐ Posting in a conspicuous place on the premises;
☐ First-class U.S. mail addressed to Tenant at the premises;
☐ Certified U.S. mail, return receipt requested, tracking no. [____];
☐ Other (describe): [____].

SOURCES AND REFERENCES

• 68 P.S. § 250.501(b) — Notice periods (15/30 days for breach of conditions).
• 68 P.S. § 250.501(c) — Service.
• Pugh v. Holmes, 486 Pa. 272, 405 A.2d 897 (1979).
• Pa. R.C.P.M.D.J. 503 — Form of Landlord/Tenant Complaint.
• Phila. Code §§ 9-804, 9-811.
• AOPC Form MDJS 310A.