PRIOR PRINTER'S NO. 360 PRINTER'S NO. 1572
No. 314 Session of 2003
INTRODUCED BY R. MILLER, ARMSTRONG, BARRAR, CAPPELLI, CREIGHTON,
EGOLF, FORCIER, GEIST, GILLESPIE, GORDNER, HERMAN, HESS,
LEWIS, MACKERETH, MAJOR, MANN, McILHINNEY, NICKOL, PAYNE,
READSHAW, SATHER, SAYLOR, SCHRODER, SCRIMENTI, B. SMITH,
STERN, E. Z. TAYLOR, TIGUE, TURZAI, WANSACZ, WILT AND
REICHLEY, FEBRUARY 18, 2003
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 30, 2003
AN ACT
1 Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
2 act relating to the rights, obligations and liabilities of
3 landlord and tenant and of parties dealing with them and
4 amending, revising, changing and consolidating the law
5 relating thereto," further providing for judgment and writ of
6 possession.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 503 of the act of April 6, 1951 (P.L.69,
10 No.20), known as The Landlord and Tenant Act of 1951, added July
11 6, 1995 (P.L.261, No.36), is amended to read:
12 Section 503. Hearing; Judgment; Writ of Possession; Payment
13 of Rent by Tenant.--(a) On the day and at the time appointed or
14 on a day to which the case may be adjourned, the justice of the
15 peace shall proceed to hear the case. If it appears that the
16 complaint has been sufficiently proven, the justice of the peace
17 shall enter judgment against the tenant:
1 (1) that the real property be delivered up to the landlord;
2 (2) for damages, if any, for the unjust detention of the
3 demised premises; and
4 (3) for the amount of rent, if any, which remains due and
5 unpaid.
6 (b) [At the request of the landlord, the justice of the
7 peace shall, after the fifth day after the rendition of the
8 judgment,] The landlord may request the issuance of a writ of
9 possession on the next business day after the rendition of the
10 judgment. The justice of the peace shall immediately thereafter
11 issue a writ of possession directed to the writ server,
12 constable or sheriff commanding him to deliver forthwith actual
13 possession of the real property to the landlord and to levy the
14 costs and amount of judgment for damages and rent, if any, on
15 the tenant, in the same manner as judgments and costs are levied
16 and collected on writs of execution. This writ is to be served
17 [within] no later than forty-eight hours after the request was
18 filed by the landlord and executed on the eleventh day following
19 service upon the tenant of the leased premises. Service of the
20 writ of possession shall be served personally on the tenant by
21 personal service or by posting the writ conspicuously on the
22 leased premises.
23 (c) At any time [before any writ of possession is actually
24 executed,] before the end of the tenth day following the
25 rendition of the judgment, the tenant may, in any case for the
26 recovery of possession solely because of failure to pay rent
27 due, supersede and render the writ of no effect by paying to the
28 writ server, constable or sheriff the rent actually in arrears
29 and the costs.
30 (d) After the tenth day, but prior to executing on a writ
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1 for possession which was entered solely because of a failure to
2 pay rent, the landlord shall file with the court an affidavit
3 that the tenant has not paid the judgment amount plus costs and
4 has not petitioned for an appeal of the judgment.
5 (e) The time periods under subsection (b)(1) and (d) <--
6 SUBSECTIONS (B) AND (C) shall run concurrently with the time <--
7 period for appeal under section 513(b).
8 Section 2. This act shall take effect in 60 days.
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