PRINTER'S NO. 360
No. 314 Session of 2003
INTRODUCED BY R. MILLER, ARMSTRONG, BARRAR, CAPPELLI, CREIGHTON,
EGOLF, FORCIER, GEIST, GILLESPIE, GORDNER, HERMAN, HESS,
LEWIS, MACKERETH, MAJOR, MANN, McILHINNEY, NICKOL, PAYNE,
READSHAW, SATHER, SAYLOR, SCHRODER, SCRIMENTI, B. SMITH,
STERN, E. Z. TAYLOR, TIGUE, TURZAI, WANSACZ AND WILT,
FEBRUARY 18, 2003
REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 18, 2003
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
20030H0314B0360 - 2 -
1 pay rent, the landlord shall 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 (e) The time periods under subsection (b)(1) and (d) shall
5 run concurrently with the time period for appeal under section
6 513(b).
7 Section 2. This act shall take effect in 60 days.
A14L68DMS/20030H0314B0360 - 3 -