PRINTER'S NO. 3754
No. 2598 Session of 2002
INTRODUCED BY R. MILLER, BASTIAN, CAPPELLI, CLARK, CREIGHTON, DALEY, DALLY, GORDNER, HARHAI, KELLER, MAJOR, MICOZZIE, NICKOL, ROBINSON, SATHER, SAYLOR, SCRIMENTI, SHANER, B. SMITH, STERN, TIGUE, TURZAI, WILT, ROBERTS AND WANSACZ, APRIL 23, 2002
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 23, 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," 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: 18 (1) that the real property be delivered up to the landlord;
1 (2) for damages, if any, for the unjust detention of the 2 demised premises; and 3 (3) for the amount of rent, if any, which remains due and 4 unpaid. 5 (b) [At the request of the landlord, the justice of the 6 peace shall, after the fifth day after the rendition of the 7 judgment,] The landlord may request the issuance of a writ of 8 possession on the next business day after the rendition of the 9 judgment. The justice of the peace shall immediately thereafter 10 issue a writ of possession directed to the writ server, 11 constable or sheriff commanding him to deliver forthwith actual 12 possession of the real property to the landlord and to levy the 13 costs and amount of judgment for damages and rent, if any, on 14 the tenant, in the same manner as judgments and costs are levied 15 and collected on writs of execution. This writ is to be served 16 [within] no later than forty-eight hours after the request was 17 filed by the landlord and executed on the eleventh day following 18 service upon the tenant of the leased premises. Service of the 19 writ of possession shall be served personally on the tenant by 20 personal service or by posting the writ conspicuously on the 21 leased premises. 22 (c) At any time [before any writ of possession is actually 23 executed,] before the end of the tenth day following the 24 rendition of the judgment the tenant may, in any case for the 25 recovery of possession solely because of failure to pay rent 26 due, supersede and render the writ of no effect by paying to the 27 writ server, constable or sheriff the rent actually in arrears 28 and the costs. 29 (d) After the tenth day, but prior to executing on a writ 30 for possession which was entered solely because of a failure to 20020H2598B3754 - 2 -
1 pay rent, the landlord must file with the court an affidavit 2 that the tenant has not paid the judgment amount plus costs and 3 has not petitioned for an appeal of the judgment. 4 Section 2. This act shall take effect in 60 days. B21L68SFL/20020H2598B3754 - 3 -