Philadelphia's Eviction Diversion Program

The Eviction Diversion Program is a free City program. It gives you and your landlord a chance to work things out before an eviction case is filed. It is not a court case and not a court order. Here is what it is, what to expect, and what you can do today.

Updated

What the program is, and what it is not

In Philadelphia, a landlord generally must take part in this program before filing an eviction case. The program brings you and your landlord together, with help. You try to reach a deal. It might be a payment plan, or a move-out date you can both accept.

How it generally starts

Before going to court, your landlord is generally required to send you a Notice of Diversion Rights. It is a paper that explains the program. You may then hear from the program by email, text or phone.

Did you get a notice from your landlord but not hear from the program? Call Save Your Home Philly at (215) 334-4663. You can also call the Philly Tenant Hotline at 267-443-2500.

What to expect

  1. You hear from the program, or you are told how to reach it.
  2. You and your landlord talk about the problem. You try to reach a deal, such as a payment plan.
  3. If you agree, get the deal in writing and keep a copy.
  4. If you do not agree, your landlord may then file a case in Municipal Court. You would generally get court papers with a hearing date.

A deal may set dates and amounts you have to keep. Before you agree to anything, you may want to talk with the Philly Tenant Hotline.

If you complained before you got the notice

Did you complain about repairs, call L&I (the City's inspections office), or join a tenant group before the notice came? Then the notice may be payback. City law generally bars a landlord from punishing you for a complaint. This is called retaliation.

If you think the notice is payback, you may be able to challenge it. You would do this at the Fair Housing Commission, a free City office. Tenant advocates report that you have 15 days after you get the notice to file. Once your landlord files a case in court, the Commission can no longer take your complaint. This deadline is still being checked, so confirm it with legal help.

The program and the Fair Housing Commission are separate. Ask the Philly Tenant Hotline how they fit together for you.

What to do today

  1. Keep the notice from your landlord and every paper about the program.
  2. Answer when the program contacts you. Write down every date you are given.
  3. Gather proof: your lease, rent receipts, photos of problems in your home, and texts with your landlord.
  4. Call the Philly Tenant Hotline at 267-443-2500. Ask what the program means for you.
  5. If you complained before the notice, start your clock with StayTenant. It counts your days. It also gathers dated City records for your address.

Common questions

Is the Eviction Diversion Program a court case?

No. It is a free program that comes before a court case. Nothing decided there is a judge's order. If it does not settle things, your landlord may then go to court.

Does my landlord have to use the program before going to court?

Generally, yes. Philadelphia generally requires landlords to take part in the program before filing an eviction case. Whether it covers every kind of case is still being checked.

What if I have not heard from the program?

Call Save Your Home Philly at (215) 334-4663. Or call the Philly Tenant Hotline at 267-443-2500.

What if my landlord already filed in court?

The Fair Housing Commission may no longer take your case. But you still have options. Call the Philly Tenant Hotline. Keep every paper you get. Bring proof of your complaints to court. Also bring proof of your landlord's rental license status.

Where to get help

Call the Philly Tenant Hotline267-443-2500

Fair Housing Commission

The Fair Housing Commission is a City office. It hears tenant complaints about unfair rental practices, like a notice that may be payback for a complaint.

To file, fill out the Commission's intake form. You can mail, email, or fax it, or bring it in. It is free.

Before you file, call to confirm the steps.

Sources

We are still checking the rules in this tool with legal partners. Each rule below shows where it came from and whether it has been verified. Some details may change. Call the Philly Tenant Hotline to confirm.