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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MILLER, BOYD, FLECK, GINGRICH, GRELL, GROVE, HESS, READSHAW, ROCK AND SCAVELLO, JANUARY 24, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 24, 2011 |
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| AN ACT |
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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 hearing, judgment, |
6 | writ of possession and payment of rent by tenant. |
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; |
19 | (2) for damages, if any, for the unjust detention of the |
20 | demised premises; and |
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1 | (3) for the amount of rent, if any, which remains due and |
2 | unpaid. |
3 | (b) [At the request of the landlord, the justice of the |
4 | peace shall, after the fifth day after the rendition of the |
5 | judgment,] The landlord may request the issuance of a writ of |
6 | possession immediately after the rendition of the judgment. The |
7 | magisterial district judge shall immediately thereafter issue [a |
8 | writ of] an order for possession directed to the writ server, |
9 | constable or sheriff commanding him to deliver forthwith actual |
10 | possession of the real property to the landlord and to levy the |
11 | costs and amount of judgment for damages and rent, if any, on |
12 | the tenant, in the same manner as judgments and costs are levied |
13 | and collected on writs of execution. This writ is to be served |
14 | [within] no later than forty-eight hours after the request was |
15 | filed by the landlord and executed on the eleventh day following |
16 | service upon the tenant of the leased premises. Service of the |
17 | [writ of] order for possession shall be served personally on the |
18 | tenant by personal service or by posting the writ conspicuously |
19 | on the leased premises. |
20 | (c) At any time [before any writ of possession is actually |
21 | executed,] before the actual lockout following the rendition of |
22 | the judgment, the tenant may, in any case for the recovery of |
23 | possession solely because of failure to pay rent due, supersede |
24 | and render the writ of no effect by paying to the writ server, |
25 | constable or sheriff the rent actually in arrears and the costs. |
26 | (d) After the tenth day, but prior to executing on an order |
27 | for possession which was entered solely because of a failure to |
28 | pay rent, the landlord shall file with the court an affidavit |
29 | that the tenant has not paid the judgment amount plus costs and |
30 | has not petitioned for an appeal of the judgment. |
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1 | (e) The time periods under subsections (b) and (c) shall run |
2 | concurrently with the time period for appeal under section |
3 | 513(b). |
4 | Section 2. This act shall take effect in 60 days. |
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