PRIOR PRINTER'S NO. 474 PRINTER'S NO. 2055
No. 451 Session of 2001
INTRODUCED BY WAUGH, FEBRUARY 15, 2001
SENATOR DENT, URBAN AFFAIRS AND HOUSING, AS AMENDED,
JUNE 10, 2002
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. FURTHER PROVIDING FOR WRIT OF <--
7 POSSESSION.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of April 6, 1951 (P.L.69, No.20), known <--
11 as The Landlord and Tenant Act of 1951, is amended by adding an
12 article to read:
13 ARTICLE V-C.
14 ACCELERATED EVICTION.
15 Section 501-C. Alternate Remedy for Landlords.--In addition
16 to proceeding under any other remedy available under this act or
17 otherwise provided by law or in equity, a landlord may proceed
18 as provided by this article.
19 Section 502-C. Immediate Eviction Upon Nonpayment of Rent.--
1 If the tenant, after a three-day notice of eviction and upon a
2 subsequent written demand, refuses to pay rent for the leasehold
3 premises or refuses to vacate the leasehold premises at the
4 conclusion of the lease, or is unreasonably damaging the
5 leasehold premises, the landlord may obtain and a court of
6 common pleas shall immediately enter an accelerated prejudgment
7 order of eviction if the landlord has filed an action for
8 accelerated eviction and has performed the following conditions:
9 (1) The landlord has filed with the court a sworn affidavit
10 specifically stating that the tenant has failed to pay rent when
11 due and which specifies the amounts which are due and owing by
12 the tenant or a sworn affidavit specifically stating that the
13 tenant refuses to vacate the leasehold premises at the
14 conclusion of the lease or a sworn affidavit specifically
15 stating that the tenant is unreasonably damaging the leasehold
16 premises and the exact nature of the damage to the premises.
17 (2) The landlord has filed with the court copies of the
18 lease, if any, the three-day notice of eviction and the written
19 demand letter to the tenant.
20 (3) The landlord shall file a bond of one thousand five
21 hundred dollars ($1,500) or two months' rent, whichever is more,
22 with the prothonotary, with security approved by the
23 prothonotary, to be held either until the conclusion of the
24 action or thirty days, whichever is longer. If a valid claim
25 against the bond is not made within thirty days, the court shall
26 order the bond returned to the landlord.
27 Section 503-C. Bond Requirements.--No order of accelerated
28 eviction shall issue until the person applying for it or his
29 agent or attorney makes a bond as required under section 502-C,
30 which will serve as bond for damages which may be incurred by
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1 the tenant if the order of accelerated eviction is wrongly
2 entered. The bond may also be used to pay all costs and attorney
3 fees which the tenant sustains in consequence of the landlord's
4 improperly obtaining an order of accelerated eviction. Any
5 aggrieved party may sue on the bond, but the Commonwealth is not
6 liable for any costs, damages or expenses that are incurred.
7 Section 504-C. Removal of Tenant by Sheriff.--Upon the
8 issuance of an order of accelerated eviction and upon delivery
9 of a certified copy of the order on the sheriff of the county in
10 which the leasehold premises are located and upon payment of an
11 eviction fee of one hundred dollars ($100) to the sheriff,
12 within seventy-two hours, the sheriff shall remove the tenant
13 and his belongings from the leasehold premises.
14 Section 505-C. Wrongful Eviction.--Upon a showing that the
15 landlord has deliberately and fraudulently obtained an order of
16 accelerated eviction, the tenant shall have a civil cause of
17 action against the landlord for damages, punitive damages up to
18 five thousand dollars ($5,000), costs and attorney fees.
19 Additionally, if the sworn statement of nonpayment of rent is
20 found to have been made falsely and wilfully, the landlord
21 commits perjury.
22 Section 506-C. Dissolution of Order of Accelerated
23 Eviction.--At any time prior to eviction, a tenant may move to
24 dissolve an order of accelerated eviction by filing a sworn
25 motion or petition setting forth a lawful defense to eviction
26 under this article, plus filing a bond, with the prothonotary,
27 with security approved by the prothonotary, in an amount equal
28 to the bond paid by the landlord. The bond shall act as security
29 to pay all costs and damages which are sustained as a
30 consequence of the tenant's improperly filing of a motion or
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1 petition to dissolve the order of accelerated eviction. Any
2 aggrieved party may sue on the tenant's bond, but the
3 Commonwealth is not liable for any costs, damages or expenses
4 that are incurred.
5 Section 507-C. Description of Order.--(a) The order of
6 accelerated eviction entered by a court of common pleas shall
7 command the sheriff to evict the tenants and remove their
8 property from the leasehold premises. The order shall
9 specifically describe the street address of the premises and the
10 name of the tenant to be evicted. The order shall specify that
11 an accelerated eviction shall only take place during the hours
12 of nine ante meridian and seven post meridian on any day except
13 Sunday or a legal holiday. The order shall specifically state
14 the amount owed and shall provide that the tenant may avoid the
15 accelerated eviction upon payment of the outstanding amount of
16 rent to the landlord at any time prior to the eviction.
17 (b) The order of accelerated eviction shall state that the
18 tenant may contest the order and may make a claim upon the bond
19 under section 502-C within sixty days of the date of the order
20 or thirty days of the date of the accelerated eviction,
21 whichever is longer. The order shall also state that at least
22 twenty-four hours prior to the accelerated eviction, a copy of
23 the order must be delivered to the tenant or attached to the
24 front door of the tenant's leasehold premises.
25 Section 2. The provisions of 42 Pa.C.S. § 1123(a)(3) are
26 repealed insofar as they are inconsistent with this act.
27 Section 3. This act shall take effect in 60 days.
28 SECTION 1. SECTION 503 OF THE ACT OF APRIL 6, 1951 (P.L.69, <--
29 NO.20), KNOWN AS THE LANDLORD AND TENANT ACT OF 1951, ADDED JULY
30 6, 1995 (P.L.261, NO.36), IS AMENDED TO READ:
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1 SECTION 503. HEARING; JUDGMENT; WRIT OF POSSESSION; PAYMENT
2 OF RENT BY TENANT.--(A) ON THE DAY AND AT THE TIME APPOINTED OR
3 ON A DAY TO WHICH THE CASE MAY BE ADJOURNED, THE JUSTICE OF THE
4 PEACE SHALL PROCEED TO HEAR THE CASE. IF IT APPEARS THAT THE
5 COMPLAINT HAS BEEN SUFFICIENTLY PROVEN, THE JUSTICE OF THE PEACE
6 SHALL ENTER JUDGMENT AGAINST THE TENANT:
7 (1) THAT THE REAL PROPERTY BE DELIVERED UP TO THE LANDLORD;
8 (2) FOR DAMAGES, IF ANY, FOR THE UNJUST DETENTION OF THE
9 DEMISED PREMISES; AND
10 (3) FOR THE AMOUNT OF RENT, IF ANY, WHICH REMAINS DUE AND
11 UNPAID.
12 (B) [AT THE REQUEST OF THE LANDLORD, THE JUSTICE OF THE
13 PEACE SHALL, AFTER THE FIFTH DAY AFTER THE RENDITION OF THE
14 JUDGMENT,] THE LANDLORD MAY REQUEST THE ISSUANCE OF A WRIT OF
15 POSSESSION ON THE NEXT BUSINESS DAY AFTER THE RENDITION OF THE
16 JUDGMENT. THE JUSTICE OF THE PEACE SHALL IMMEDIATELY THEREAFTER
17 ISSUE A WRIT OF POSSESSION DIRECTED TO THE WRIT SERVER,
18 CONSTABLE OR SHERIFF COMMANDING HIM TO DELIVER FORTHWITH ACTUAL
19 POSSESSION OF THE REAL PROPERTY TO THE LANDLORD AND TO LEVY THE
20 COSTS AND AMOUNT OF JUDGMENT FOR DAMAGES AND RENT, IF ANY, ON
21 THE TENANT, IN THE SAME MANNER AS JUDGMENTS AND COSTS ARE LEVIED
22 AND COLLECTED ON WRITS OF EXECUTION. THIS WRIT IS TO BE SERVED
23 [WITHIN] NO LATER THAN FORTY-EIGHT HOURS AFTER THE REQUEST WAS
24 FILED BY THE LANDLORD AND EXECUTED ON THE ELEVENTH DAY FOLLOWING
25 SERVICE UPON THE TENANT OF THE LEASED PREMISES. SERVICE OF THE
26 WRIT OF POSSESSION SHALL BE SERVED PERSONALLY ON THE TENANT BY
27 PERSONAL SERVICE OR BY POSTING THE WRIT CONSPICUOUSLY ON THE
28 LEASED PREMISES.
29 (C) AT ANY TIME [BEFORE ANY WRIT OF POSSESSION IS ACTUALLY
30 EXECUTED,] BEFORE THE END OF THE TENTH DAY FOLLOWING THE
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1 RENDITION OF THE JUDGMENT THE TENANT MAY, IN ANY CASE FOR THE
2 RECOVERY OF POSSESSION SOLELY BECAUSE OF FAILURE TO PAY RENT
3 DUE, SUPERSEDE AND RENDER THE WRIT OF NO EFFECT BY PAYING TO THE
4 WRIT SERVER, CONSTABLE OR SHERIFF THE RENT ACTUALLY IN ARREARS
5 AND THE COSTS.
6 (D) AFTER THE TENTH DAY, BUT PRIOR TO EXECUTING ON A WRIT
7 FOR POSSESSION WHICH WAS ENTERED SOLELY BECAUSE OF A FAILURE TO
8 PAY RENT, THE LANDLORD MUST FILE WITH THE COURT AN AFFIDAVIT
9 THAT THE TENANT HAS NOT PAID THE JUDGMENT AMOUNT PLUS COSTS AND
10 HAS NOT PETITIONED FOR AN APPEAL OF THE JUDGMENT.
11 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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