PRINTER'S NO. 1603
No. 1287 Session of 1989
INTRODUCED BY ANDREZESKI, OCTOBER 11, 1989
REFERRED TO URBAN AFFAIRS AND HOUSING, OCTOBER 11, 1989
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 removal of tenants for drug
6 violations; and further providing for tenant's duties.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 501 of the act of April 6, 1951 (P.L.69,
10 No.20), known as The Landlord and Tenant Act of 1951, repealed
11 in part April 28, 1978 (P.L.202, No.53), is amended to read:
12 Section 501. Notice to Quit.--(a) A landlord desirous of
13 repossessing real property from a tenant may notify, in writing,
14 the tenant to remove from the same at the expiration of the time
15 specified in the notice under the following circumstances,
16 namely, (1) Upon the termination of a term of the tenant, (2) or
17 upon forfeiture of the lease for breach of its conditions, (3)
18 or upon the failure of the tenant, upon demand, to satisfy any
19 rent reserved and due, (4) or upon demonstration, in accordance
1 with subsection (e), that violations of the act of April 14,
2 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
3 Device and Cosmetic Act," have occurred on the leased premises.
4 (b) In case of the expiration of a term or of a forfeiture
5 for breach of the conditions of the lease where the lease is for
6 any term of less than one year or for an indeterminate time, the
7 notice shall specify that the tenant shall remove within thirty
8 days from the date of service thereof, and when the lease is for
9 one year or more, then within three months from the date of
10 service thereof. In case of failure of the tenant, upon demand,
11 to satisfy any rent reserved and due, the notice, if given on or
12 after April first and before September first, shall specify that
13 the tenant shall remove within fifteen days from the date of the
14 service thereof, and if given on or after September first and
15 before April first, then within thirty days from the date of the
16 service thereof.
17 (c) The notice above provided for may be for a lesser time
18 or may be waived by the tenant if the lease so provides.
19 (d) The notice provided for in this section may be served
20 personally on the tenant, or by leaving the same at the
21 principal building upon the premises, or by posting the same
22 conspicuously on the leased premises.
23 (e) A landlord may notify a tenant in writing to quit the
24 lease premises where the landlord can demonstrate by substantial
25 evidence that the tenant or person acting on his behalf or with
26 his consent has used the leased premises while engaging in a
27 violation of "The Controlled Substance, Drug, Device and
28 Cosmetic Act." Notwithstanding any other provision of this
29 section, a notice issued under this subsection shall specify
30 that the tenant has fifteen days to quit the premises. Any
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1 challenge to a finding of substantial evidence or a lack of
2 substantial evidence may be appealed on an expedited basis to a
3 court of competent jurisdiction.
4 Section 2. Section 503-A of the act, added December 10, 1974
5 (P.L.825, No.274), is amended to read:
6 Section 503-A. Tenant's Duties.--The tenant shall comply
7 with all obligations imposed upon tenants by applicable
8 provisions of all municipal, county and Commonwealth codes,
9 regulations, ordinances, and statutes, and in particular, shall:
10 (1) Not permit any person on the premises with his
11 permission to wilfully or wantonly destroy, deface, damage,
12 impair, or remove any part of the structure or dwelling unit, or
13 the facilities, equipment, or appurtenances thereto or used in
14 common, nor himself do any such thing.
15 (2) Not permit any person on the premises with his
16 permission to wilfully or wantonly disturb the peaceful
17 enjoyment of the premises by other tenants and neighbors.
18 (3) Not permit on the premises, any conduct constituting a
19 crime, including conduct that violates the act of April 14, 1972
20 (P.L.233, No.64), known as "The Controlled Substance, Drug,
21 Device and Cosmetic Act."
22 Section 3. This act shall take effect in 60 days.
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