PRINTER'S NO. 474
No. 451 Session of 2001
INTRODUCED BY WAUGH, FEBRUARY 15, 2001
REFERRED TO URBAN AFFAIRS AND HOUSING, FEBRUARY 15, 2001
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," providing for an accelerated eviction
6 remedy; and making a repeal.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of April 6, 1951 (P.L.69, No.20), known
10 as The Landlord and Tenant Act of 1951, is amended by adding an
11 article to read:
12 ARTICLE V-C.
13 ACCELERATED EVICTION.
14 Section 501-C. Alternate Remedy for Landlords.--In addition
15 to proceeding under any other remedy available under this act or
16 otherwise provided by law or in equity, a landlord may proceed
17 as provided by this article.
18 Section 502-C. Immediate Eviction Upon Nonpayment of Rent.--
19 If the tenant, after a three-day notice of eviction and upon a
1 subsequent written demand, refuses to pay rent for the leasehold
2 premises or refuses to vacate the leasehold premises at the
3 conclusion of the lease, or is unreasonably damaging the
4 leasehold premises, the landlord may obtain and a court of
5 common pleas shall immediately enter an accelerated prejudgment
6 order of eviction if the landlord has filed an action for
7 accelerated eviction and has performed the following conditions:
8 (1) The landlord has filed with the court a sworn affidavit
9 specifically stating that the tenant has failed to pay rent when
10 due and which specifies the amounts which are due and owing by
11 the tenant or a sworn affidavit specifically stating that the
12 tenant refuses to vacate the leasehold premises at the
13 conclusion of the lease or a sworn affidavit specifically
14 stating that the tenant is unreasonably damaging the leasehold
15 premises and the exact nature of the damage to the premises.
16 (2) The landlord has filed with the court copies of the
17 lease, if any, the three-day notice of eviction and the written
18 demand letter to the tenant.
19 (3) The landlord shall file a bond of one thousand five
20 hundred dollars ($1,500) or two months' rent, whichever is more,
21 with the prothonotary, with security approved by the
22 prothonotary, to be held either until the conclusion of the
23 action or thirty days, whichever is longer. If a valid claim
24 against the bond is not made within thirty days, the court shall
25 order the bond returned to the landlord.
26 Section 503-C. Bond Requirements.--No order of accelerated
27 eviction shall issue until the person applying for it or his
28 agent or attorney makes a bond as required under section 502-C,
29 which will serve as bond for damages which may be incurred by
30 the tenant if the order of accelerated eviction is wrongly
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1 entered. The bond may also be used to pay all costs and attorney
2 fees which the tenant sustains in consequence of the landlord's
3 improperly obtaining an order of accelerated eviction. Any
4 aggrieved party may sue on the bond, but the Commonwealth is not
5 liable for any costs, damages or expenses that are incurred.
6 Section 504-C. Removal of Tenant by Sheriff.--Upon the
7 issuance of an order of accelerated eviction and upon delivery
8 of a certified copy of the order on the sheriff of the county in
9 which the leasehold premises are located and upon payment of an
10 eviction fee of one hundred dollars ($100) to the sheriff,
11 within seventy-two hours, the sheriff shall remove the tenant
12 and his belongings from the leasehold premises.
13 Section 505-C. Wrongful Eviction.--Upon a showing that the
14 landlord has deliberately and fraudulently obtained an order of
15 accelerated eviction, the tenant shall have a civil cause of
16 action against the landlord for damages, punitive damages up to
17 five thousand dollars ($5,000), costs and attorney fees.
18 Additionally, if the sworn statement of nonpayment of rent is
19 found to have been made falsely and wilfully, the landlord
20 commits perjury.
21 Section 506-C. Dissolution of Order of Accelerated
22 Eviction.--At any time prior to eviction, a tenant may move to
23 dissolve an order of accelerated eviction by filing a sworn
24 motion or petition setting forth a lawful defense to eviction
25 under this article, plus filing a bond, with the prothonotary,
26 with security approved by the prothonotary, in an amount equal
27 to the bond paid by the landlord. The bond shall act as security
28 to pay all costs and damages which are sustained as a
29 consequence of the tenant's improperly filing of a motion or
30 petition to dissolve the order of accelerated eviction. Any
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1 aggrieved party may sue on the tenant's bond, but the
2 Commonwealth is not liable for any costs, damages or expenses
3 that are incurred.
4 Section 507-C. Description of Order.--(a) The order of
5 accelerated eviction entered by a court of common pleas shall
6 command the sheriff to evict the tenants and remove their
7 property from the leasehold premises. The order shall
8 specifically describe the street address of the premises and the
9 name of the tenant to be evicted. The order shall specify that
10 an accelerated eviction shall only take place during the hours
11 of nine ante meridian and seven post meridian on any day except
12 Sunday or a legal holiday. The order shall specifically state
13 the amount owed and shall provide that the tenant may avoid the
14 accelerated eviction upon payment of the outstanding amount of
15 rent to the landlord at any time prior to the eviction.
16 (b) The order of accelerated eviction shall state that the
17 tenant may contest the order and may make a claim upon the bond
18 under section 502-C within sixty days of the date of the order
19 or thirty days of the date of the accelerated eviction,
20 whichever is longer. The order shall also state that at least
21 twenty-four hours prior to the accelerated eviction, a copy of
22 the order must be delivered to the tenant or attached to the
23 front door of the tenant's leasehold premises.
24 Section 2. The provisions of 42 Pa.C.S. § 1123(a)(3) are
25 repealed insofar as they are inconsistent with this act.
26 Section 3. This act shall take effect in 60 days.
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