The written Notice to Vacate (or Notice to Quit) has always been a necessary condition before a proper eviction action can begin under the Pennsylvania landlord and tenant statues. Clark v. Everly, 8 W. &S. 231 (1844); Mercer county Agricultural Society v. Barnhardt, 459 A.2d 811, 813 Pa. Super. (1983). The proof of Notice is a precondition to the court's hearing the merits of the eviction complaint. The failure to establish proof of service of the Notice, and the expiration of the notice period, should result in dismissal of the complaint. Fulton Terrace Ltd. v. Riley, 4 D. &C. 4th 149 CCP Fulton (1989); Egger v. First National Bank of Newville, 19 D. &C. 3d724, 729 (1981); Patricia Brothers, Inc. v. McKeefrey, 38 D. &C. 2d 149 (1966); Jankowski v. Orloske, 84 D. &C. 522 (1953).
Notice Must Be Clear

The Notice to Vacate must be clear and plain, not conditional. Brown v. Brown, 164 Pa. Super. 350, 64 A.2d 506 (1949). If the notice is a "warning" letter or “dunning” letter demanding payment of rent, or other action from the tenant, but conditions the demand to vacate on a certain occurrence, the notice will not be effective. The notice must contain a positive demand that the tenant vacate the premises by a specific date.

Section 501 of the Landlord Tenant Act of PA provides that the notice to vacate may be served by personal service on the tenant by leaving it at the principal building upon the premises, or by posting it conspicuously, 68 P.S. §250.501. There is no provision that delivery by first class or certified mail satisfies the notice requirements. A complaint for possession based upon a notice sent by mail must be dismissed. Pakyz v. Weiser, 15 Adams L.J. 196 (1974); Patricia Brothers, Inc. v. McKeefrey 38 D&C 2d 149 (1966), supra; Dyarman v. Dyarman, 7 D&C, 2d 651, (1956), supra; Jankowski v. Orloske, 84 D&C 522 (1953), supra. The U.S. Supreme Court decision in Green v. Lindsey, 456 U.S. 444, 102 S. Ct. (1874), supra, has raised serious questions about the effectiveness of posting as a reasonable means of service of legal notices.