Bill Text: PA HB322 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for judgment and writ of possession.

Spectrum: Moderate Partisan Bill (Republican 21-4)

Status: (Introduced - Dead) 2009-02-10 - Referred to JUDICIARY [HB322 Detail]

Download: Pennsylvania-2009-HB322-Introduced.html

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PRINTER'S NO. 354
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 322 Session of2009
INTRODUCED BY MILLER, BEAR, BENNINGHOFF, BEYER, BOYD, CALTAGIRONE, CREIGHTON, FLECK, GEIST, GINGRICH, GRELL, GROVE, HESS, KILLION, KOTIK, MANN, MOUL, PICKETT, REICHLEY, ROCK, SCAVELLO, SIPTROTH, STERN AND STEVENSON, FEBRUARY 10, 2009
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 2009
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," further providing for judgment and writ of
possession.
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 shall proceed to hear the case. If it appears that the
complaint has been sufficiently proven, the justice of the peace
shall enter judgment against the tenant:
(1) that the real property be delivered up to the 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
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. 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 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 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.
(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
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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.
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