THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ALLOWAY, SCARNATI, WOZNIAK, BOSCOLA AND BROWNE, JUNE 22, 2012

REFERRED TO URBAN AFFAIRS AND HOUSING, JUNE 22, 2012  

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

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.