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PRINTER'S NO. 2628
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1875
Session of
2017
INTRODUCED BY ROTHMAN, MILLARD AND A. HARRIS, OCTOBER 24, 2017
REFERRED TO COMMITTEE ON URBAN AFFAIRS, OCTOBER 24, 2017
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," in recovery of possession, further
providing for hearing, judgment, writ of possession and
payment of rent by tenant.
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, 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] magisterial district judge shall proceed to hear the
case. If it appears that the complaint has been sufficiently
proven, the [justice of the peace] magisterial district judge
shall enter judgment against the tenant:
(1) that the real property be delivered [up] to the
landlord;
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(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 an order for
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] orders for possession.
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] twelfth 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,] delivery of actual possession 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.
Section 2. This act shall take effect in 60 days.
20170HB1875PN2628 - 2 -
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