PRINTER'S NO. 147

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 138 Session of 1987


        INTRODUCED BY JOHNSON, SIRIANNI, OLASZ, BOYES, FARGO, TIGUE,
           VROON, GODSHALL, DISTLER, DAWIDA, MERRY AND TELEK,
           FEBRUARY 3, 1987

        REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE,
           FEBRUARY 3, 1987

                                     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 recovery of rent by
     6     assumpsit.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 301 of the act of April 6, 1951 (P.L.69,
    10  No.20), known as The Landlord and Tenant Act of 1951, is amended
    11  to read:
    12     Section 301.  Recovery of Rent by Assumpsit.--Any landlord
    13  may recover from a tenant rent in arrears in an action of
    14  assumpsit as debts of similar amount are by law recoverable. In
    15  any such action, interest at the legal rate on the amount of
    16  rent due may be allowed if deemed equitable under the
    17  circumstances of the particular case. If the tenant fails to
    18  plead, or to otherwise enter a defense against the complaint,
    19  such inaction shall be deemed a default under Rule 1037 of the

     1  Pennsylvania Rules of Civil Procedure and judgment may be
     2  entered for the plaintiff.
     3     Section 2.  This act shall take effect in 60 days.


















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