AN ACT

 

1Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
2act relating to the rights, obligations and liabilities of
3landlord and tenant and of parties dealing with them and
4amending, revising, changing and consolidating the law
5relating thereto," further providing for hearing, judgment, 
6writ of possession and payment of rent by tenant.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 503 of the act of April 6, 1951 (P.L.69, 
10No.20), known as The Landlord and Tenant Act of 1951, added July 
116, 1995 (P.L.261, No.36), is amended to read:

12Section 503. Hearing; Judgment; Writ of Possession; Payment
13of Rent by Tenant.--(a) On the day and at the time appointed or
14on a day to which the case may be adjourned, the justice of the
15peace shall proceed to hear the case. If it appears that the
16complaint has been sufficiently proven, the justice of the peace
17shall enter judgment against the tenant:

18(1) that the real property be delivered up to the landlord;

19(2) for damages, if any, for the unjust detention of the

1demised premises; and

2(3) for the amount of rent, if any, which remains due and
3unpaid.

4(b) [At the request of the landlord, the justice of the
5peace shall, after the fifth day after the rendition of the
6judgment,] The landlord may request the issuance of a writ of 
7possession immediately after the rendition of the judgment. The 
8magisterial district judge shall immediately thereafter issue [a
9writ of] an order for possession directed to the writ server,
10constable or sheriff commanding him to deliver forthwith actual
11possession of the real property to the landlord and to levy the
12costs and amount of judgment for damages and rent, if any, on
13the tenant, in the same manner as judgments and costs are levied
14and collected on writs of execution. This writ is to be served
15[within] no later than forty-eight hours after the request was 
16filed by the landlord and executed on the eleventh day following
17service upon the tenant of the leased premises. Service of the
18[writ of] order for possession shall be served personally on the
19tenant by personal service or by posting the writ conspicuously
20on the leased premises.

21(c) At any time [before any writ of possession is actually
22executed,] before the actual lockout following the rendition of 
23the judgment, the tenant may, in any case for the recovery of
24possession solely because of failure to pay rent due, supersede
25and render the writ of no effect by paying to the writ server,
26constable or sheriff the rent actually in arrears and the costs.

27(d) After the tenth day, but prior to executing on an order
28for possession which was entered solely because of a failure to
29pay rent, the landlord shall file with the court an affidavit
30that the tenant has not paid the judgment amount plus costs and

1has not petitioned for an appeal of the judgment.

2(e) The time periods under subsections (b) and (c) shall run
3concurrently with the time period for appeal under section
4513(b).

5Section 2. This act shall take effect in 60 days.