PRIOR PRINTER'S NO. 2582
PRINTER'S NO. 3892
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1715
Session of
2015
INTRODUCED BY PETRI, D. COSTA, MILLARD, MILNE, SNYDER, STAATS,
TRUITT AND WHEELAND, NOVEMBER 30, 2015
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 21, 2016
AN ACT
Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
act relating to the rights, obligations and liabilities of
landlord and tenant and of parties dealing with them and
amending, revising, changing and consolidating the law
relating thereto," in recovery of possession, further
providing for hearing, judgment, writ of possession and
payment of rent by tenant.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 503 of the act of April 6, 1951 (P.L.69,
No.20), known as The Landlord and Tenant Act of 1951, added July
6, 1995 (P.L.261, No.36), is amended to read:
Section 503. Hearing; Judgment; Writ of Possession; Payment
of Rent by Tenant.--(a) On the day and at the time appointed or
on a day to which the case may be adjourned, the [justice of the
peace] magisterial district judge shall proceed to hear the
case. If it appears that the complaint has been sufficiently
proven, the [justice of the peace] magisterial district judge
shall enter judgment against the tenant:
(1) that the real property be delivered [up] to the
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
landlord;
(2) for damages, if any, for the unjust detention of the
demised premises; and
(3) for the amount of rent, if any, which remains due and
unpaid.
(b) [At the request of the landlord, the justice of the
peace shall, after the fifth day after the rendition of the
judgment,] The landlord may request the issuance of a writ of AN
ORDER FOR possession immediately after the rendition of the
judgment. The magisterial district judge shall immediately
thereafter issue [a writ of] an order for possession directed to
the writ server, constable or sheriff commanding him to deliver
forthwith actual possession of the real property to the landlord
and to levy the costs and amount of judgment for damages and
rent, if any, on the tenant, in the same manner as judgments and
costs are levied and collected on [writs of execution] ORDERS
FOR POSSESSION. This writ is to be served [within] no later than
forty-eight hours after the request was filed by the landlord
and executed on the [eleventh] TWELFTH day following service
upon the tenant of the leased premises. Service of the [writ of]
order for possession shall be served personally on the tenant by
personal service or by posting the writ conspicuously on the
leased premises.
(c) At any time [before [any writ of possession is actually
executed,] before the actual lockout DELIVERY OF ACTUAL
POSSESSION following the rendition of the judgment, the tenant
may, in any case for the recovery of possession solely because
of failure to pay rent due, supersede and render the writ of no
effect by paying to the writ server, constable or sheriff the
rent actually in arrears and the costs.
20150HB1715PN3892 - 2 -
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(d) After the tenth day, but prior to executing on an order
for possession which was entered solely because of a failure to
pay rent, the landlord shall file with the court an affidavit
that the tenant has not paid the judgment amount plus costs and
has not petitioned for an appeal of the judgment.
(e) The time periods under subsections (b) and (c) shall run
concurrently with the time period for appeal under section
513(b).
Section 2. This act shall take effect in 60 days.
20150HB1715PN3892 - 3 -
<--
1
2
3
4
5
6
7
8
9