This act shall be known and may be cited as "The Landlord and Tenant Act of 1951."
As used in this act: 'Justice of the peace' means district justices, aldermen, magistrates or any other court having jurisdiction over landlord and tenant matters, excluding a court of common pleas. 'Mobile home park' means any site, lot, field or tract of land, privately or publicly owned or operated, upon which three or more mobile homes occupied for dwelling or sleeping purposes are or are intended to be located. 'Mobile home resident' or 'resident' means an owner of a mobile home who leases or rents space in a mobile home park. 'Person' means natural persons, copartnerships, associations, private and public corporations, authorities, fiduciaries, the United States and any other country and their respective governmental agencies. 'Personal property' means goods and chattels, including fixtures and buildings erected by the tenant and which he has the right to remove, agricultural crops, whether harvested or growing, and livestock and poultry. 'Real property' means messuages, lands, tenements, real estate, buildings, parts thereof or any estate or interest therein. 'Tenant' means a person who occupies the land or premises of another in subordination to the other's title and with the other's express or implied consent, including but not limited to oral or written leases or acceptance of rent by an owner or their agent. 'Tenants organization or association' means a group of tenants organized for any purpose directly related to their rights or duties as tenants.
Nothing contained in this act shall be construed to include or in any manner repeal or modify any existing law: (1) providing for preference of rent in case personal property liable to distress is taken and sold by virtue of any execution; (2) denying to a plaintiff the right to stay an execution without the consent of the landlord having a preference for rent due; (3) providing that a sale on distress shall be stayed where the personal property distrained upon is levied upon by a sheriff or where a receiver or trustee in bankruptcy is appointed; (4) providing for preference of rent in cases of insolvency and assignment for the benefit of creditors and in bankruptcy; (5) providing for preference of rent in the settlement of estates of decedents; (6) fixing the liability of the tenant to pay taxes assessed against real property occupied by him; (7) providing for writs of estrepement to stay waste committed by a tenant; (8) fixing the duties of tenants in ejectment actions; (9) prescribing special proceedings for obtaining possession of real property purchased at tax or judicial sales; (10) fixing fees of justices of the peace in landlord and tenant proceedings.
Any person who acquires title to real property by descent or purchase shall be liable to the same duties and shall have the same rights, powers and remedies in relation to the property as the person from whom title was acquired.
Any person who is a sublessee shall be subject to the provisions of the lease between the lessor and the lessee.
Real property, including any personal property thereon, may be leased for a term of not more than three years by a landlord or his agent to a tenant or his agent, by oral or written contract or agreement.
Real property may be leased for a term of more than three years by a landlord to a tenant or by their respective agents lawfully authorized in writing. Any such lease must be in writing and signed by the parties making or creating the same, otherwise it shall have the force and effect of a lease at will only and shall not be given any greater force or effect either in law or equity, notwithstanding any consideration therefor, unless the tenancy has continued for more than one year and the landlord and tenant have recognized its rightful existence by claiming and admitting liability for the rent, in which case the tenancy shall become one from year to year.
No lease of any real property made or created for a term of more than three years shall be assigned, granted or surrendered except in writing signed by the party assigning, granting or surrendering the same or his agent, unless such assigning, granting or surrendering shall result from operation of law.
Every tenant of real property may mortgage his lease or term in the demised premises, together with all buildings, fixtures and machinery thereon and appurtenant thereto belonging to the tenant, except as otherwise limited or prohibited by the terms of his lease. Any such mortgage shall be acknowledged and placed on record in the proper county. No such mortgage shall in any wise interfere with the landlord's rights, priority or remedies for rent.
No individual unit lease on residential property shall be terminated or nonrenewed on the basis of the participation of any tenant or member of the tenant's family in a tenants' organization or association.
Whenever an agency or department certifies that a dwelling is uninhabitable and a tenant elects to pay rent into an escrow account established under the act of January 24, 1966 (1965 P.L.1534, No.536), referred to as the City Rent Withholding Act, it shall be the duty of the certifying agency or department to submit a monthly statement of escrowed funds to the landlord affected by first class mail.
Any landlord may recover from a tenant rent in arrears in an action of assumpsit as debts of similar amount are by law recoverable. In any such action, interest at the legal rate on the amount of rent due may be allowed if deemed equitable under the circumstances of the particular case.
Personal property located upon premises occupied by a tenant shall, unless exempted by article four of this act, be subject to distress for any rent reserved and due. Such distress may be made by the landlord or by his agent duly authorized in writing. Such distress may be made on any day except Sunday between the hours of seven ante meridian and seven post meridian and not at any other time. Notice in writing of such distress stating the cause of such taking, specifying the date of levy and the personal property distrained and the amount of rent in arrears, shall be given within five days after making the distress to the tenant and any other owner known to the landlord, personally, or by mailing to the tenant at the premises, or by posting conspicuously on the premises.
Unless the right of exemption has been waived by the tenant in writing, personal property to the value of three hundred dollars ($300), in addition to any other personal property specifically exempted by this article, shall be exempt from levy and sale by distress for rent. The officer charged with the execution of any landlord's warrant shall, if requested by the tenant, summon two disinterested and competent persons to appraise personal property to the value of three hundred dollars ($300) which the tenant may elect to retain.
All wearing apparel of the tenant and his family, all Bibles and school books in use in the tenant's family, all sewing machines and other tools of trade used and owned by private families, and all uniforms, arms, ammunition and accoutrements of any commissioned officer or enlisted personnel of the National Guard or of the armed forces of the United States, shall be exempt from levy and sale on any landlord's warrant. Nothing contained in this section shall be construed to exempt sewing machines kept for sale or hire.
(a) A landlord desirous of repossessing real property from a tenant may notify the tenant in writing to remove from the same at the expiration of the time specified in the notice under the following circumstances: (1) upon the termination of a term of the tenant; (2) upon forfeiture of the lease for breach of its conditions; or (3) upon the failure of the tenant upon demand to satisfy any rent reserved and due. (b) For leases of one year or less or indeterminate time: 15 days notice for end of term or breach; 10 days notice for nonpayment of rent. For leases of more than one year: 30 days notice for end of term or breach. (c) For mobile home parks with leases less than one year: 30 days notice for end of term or breach; for leases one year or more: 3 months notice. Mobile home park nonpayment: 15 days if notice given April 1 through August 31; 30 days if notice given September 1 through March 31. (d) For illegal drug activity: 10 days notice. (e) The notice may be for a lesser time or may be waived by the tenant if the lease so provides. (f) The notice may be served personally, by leaving at the principal building upon the premises, or by posting conspicuously on the leased premises. (g) This section shall not apply to a landlord desirous of repossessing real property from a person who is not, nor ever has been, a tenant.
(a) Upon the filing of the complaint, the justice of the peace shall issue a summons which recites substantially the complaint, directed to any writ server, constable or the sheriff of the county, commanding that officer to summon the tenant to appear before the justice of the peace to answer the complaint on a date not less than seven nor more than ten days from the date of the summons. (b) The summons may be served personally on the tenant, by mail or by posting the summons conspicuously on the leased premises.
(a) On the day appointed, the justice of the peace shall hear the case. If the complaint is 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 for the unjust detention of the demised premises; and (3) for the amount of rent which remains due and unpaid. (b) At the request of the landlord, the justice of the peace shall after the fifth day after rendition of judgment issue a writ of possession directed to the writ server, constable or sheriff. This writ is to be served within no later than forty-eight hours and executed on the eleventh day following service upon the tenant. (c) At any time before any writ of possession is actually executed, the tenant may, in any case for 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.
The writ server, constable or sheriff shall make return of the writ of possession to the justice of the peace within ten days after receiving the writ. The return shall show: (1) the date, time, place and manner of service of the writ; (2) if the writ was satisfied by payment, the amount paid and its distribution; (3) the time and date of any forcible entry and ejectment, or that no entry was made; and (4) the expenses and fees of the officer.
(a) Upon termination of a lease, a tenant shall remove all personal property from the premises. Abandoned personal property may be disposed of at the landlord's discretion subject to this section. (b) Property may be deemed abandoned if: (1) tenant has vacated after written lease termination; (2) an eviction order has been entered and tenant has vacated removing substantially all property; (3) an eviction order has been executed; (4) tenant has provided written forwarding address and vacated removing substantially all property; or (5) tenant has vacated without communicating intent to return, rent is more than 15 days past due and landlord has posted notice of tenant's rights. (d) Prior to removing or disposing of abandoned property, the landlord must provide written notice. The tenant has 10 days from postmark to retrieve property or request storage for up to 30 days. Storage costs are the tenant's responsibility. (f) A landlord may never dispose of property on inhabited premises without the tenant's express permission. (h) If a landlord has actual knowledge of a protection from abuse order, the landlord shall refrain from disposing of property for 30 days. (i) A landlord that violates this section shall be subject to treble damages, reasonable attorney fees and court costs.
Nothing contained in this article shall be construed as abolishing the right of any landlord to recover possession of any real property from a tenant by action of ejectment, or from instituting any amicable action of ejectment to recover possession of any real property by confessing judgment in accordance with the terms of any written contract or agreement.
(a) No landlord may require a sum in excess of two months' rent to be deposited in escrow for the payment of damages to the leasehold premises and/or default in rent during the first year of any lease. (b) During the second and subsequent years of the lease or during any renewal of the original lease the amount required to be deposited may not exceed one month's rent. (c) If during the third or subsequent year of a lease or during any renewal after two years of tenancy the landlord requires the one month's rent escrow, upon termination the escrow funds together with interest shall be returned to the tenant. (d) Whenever a tenant has been in possession for five years or greater, any increase in rent shall not require a concomitant increase in any security deposit. (e) This section applies only to the rental of residential property. (f) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable.
(a) All funds over one hundred dollars ($100) deposited with a lessor to secure the execution of a rental agreement on residential property shall be deposited in an escrow account of an institution regulated by the Federal Reserve Board, the Federal Home Loan Bank Board, Comptroller of the Currency, or the Pennsylvania Department of Banking. The lessor shall notify each tenant in writing of the name and address of the banking institution and the amount of the deposit. (b) The lessor is entitled to receive as administrative expenses a sum equivalent to one percent per annum upon the security money deposited in lieu of all other administrative and custodial expenses. The balance of interest is the money of the tenant and shall be paid to the tenant annually upon the anniversary date of commencement of the lease. (c) The provisions of this section apply only after the second anniversary of the deposit of escrow funds.
Every landlord subject to the provisions of this act may, in lieu of depositing escrow funds, guarantee that any escrow funds less cost of necessary repairs including interest thereon shall be returned to the tenant upon termination of the lease or on surrender and acceptance of the leasehold premises. The guarantee of repayment shall be secured by a good and sufficient guarantee bond issued by a bonding company authorized to do business in Pennsylvania.
(a) Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Delivery of the list shall be accompanied by payment of the difference between the sum deposited in escrow including any unpaid interest and the actual amount of damages. (b) Any landlord who fails to provide a written list within thirty days shall forfeit all rights to withhold any portion of sums held in escrow or to bring suit against the tenant for damages to the leasehold premises. (c) If the landlord fails to pay the tenant the difference within thirty days after termination, the landlord shall be liable in assumpsit to double the amount by which the sum deposited in escrow exceeds the actual damages caused by the tenant. The burden of proof of actual damages is on the landlord. (d) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable. (e) Failure of the tenant to provide the landlord with his new address in writing upon termination shall relieve the landlord from any liability under this section. (f) This section shall apply only to residential leaseholds and not to commercial leaseholds.
(a) Every tenant who files an appeal to a court of common pleas of a judgment of the lower court involving an action under this act for recovery of possession or for rent due shall deposit with the prothonotary a sum equal to the amount of rent due as determined by the lower court to be placed in a special escrow account. (b) Within ten days after rendition of judgment by a lower court arising out of a residential lease, or within thirty days for a nonresidential lease or a residential lease involving a victim of domestic violence, either party may appeal to the court of common pleas. The appeal operates as a supersedeas only if the tenant pays in cash or bond the amount of any judgment rendered by the lower court, or is a victim of domestic violence and pays in cash any rent which becomes due during the appeal within ten days after the due date. (c) Upon application by the landlord, the court shall release appropriate sums from the escrow account to compensate the landlord for the tenant's possession during the appeal. (d) Upon application by the tenant, the court shall release appropriate sums to directly compensate providers of habitable services the landlord is required to provide.
(a) Notwithstanding any other provision of this act or law, and if the deceased tenant is the sole tenant of the residential unit, the executor or administrator of the estate of a tenant who dies during the term of a residential lease shall have the option to terminate the lease upon fourteen days' written notice to the landlord on the later of: (1) the last day of the second calendar month that follows the calendar month in which the tenant died; or (2) upon surrender of the rental unit and removal of all of the tenant's personal property. (b) Nothing under this section shall be construed to relieve the tenant's estate of liability for rent money or any other debt incurred prior to the date of termination of the lease, including damages to the premises, except that the tenant's estate shall not be liable for damages or any other penalty for breach or inadequate notice as a result of terminating a lease under subsection (a).
The retention of control of the stairways, passages, roadways and other common facilities of a tenement building or multiple dwelling premises places upon the landlord, or other possessor, the duty of reasonable care for safety in use. This responsibility of the landlord extends not alone to the individual tenant, but also to his family, servants and employees, business visitors, social guests, and the like. Those who enter in the right of the tenant, even though under his mere license, make a permissible use of the premises for which the common ways and facilities are provided.
The tenant shall comply with all obligations imposed upon tenants by applicable provisions of all municipal, county and Commonwealth codes, regulations, ordinances, and statutes, and in particular shall: (1) not permit any person on the premises with his permission to willfully or wantonly destroy, deface, damage, impair, or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto or used in common, nor himself do any such thing; (2) not permit any person on the premises with his permission to willfully or wantonly disturb the peaceful enjoyment of the premises by other tenants and neighbors.
The tenant shall have a right to invite to his apartment or dwelling unit such employees, business visitors, tradesmen, deliverymen, suppliers of goods and services, and the like as he wishes so long as his obligations as a tenant are observed. The tenant also shall have the right to invite social guests, family or visitors for a reasonable period of time. These rights may not be waived by any provisions of a written rental agreement and the landlord and/or owner may not charge any fee, service charge or additional rent to the tenant for exercising his rights under this act. Any provision in a written agreement attempting to limit the tenant's right to purchase goods, services and the like from a source of the tenant's choosing shall be void and unenforceable.
(a) The following acts shall be a breach of condition of the lease and grounds for removal of the tenant: (1) the first conviction for an illegal sale, manufacture or distribution of any drug in violation of The Controlled Substance Drug Device and Cosmetic Act on the leased premises; (2) the second violation of any provision of The Controlled Substance Drug Device and Cosmetic Act on the leased premises; (3) the seizure by law enforcement officials of any illegal drugs on the leased premises. (b) Failure to remove any tenant for violation of any of the provisions of subsection (a) shall not act as a waiver of the landlord's rights with regard to any subsequent acts.
A landlord may not prohibit or otherwise prevent a tenant from requesting or acquiring CATV services from an operator of the tenant's choice. A landlord may not prevent an operator from entering premises to install service or repair CATV system facilities if a tenant has requested such services and the operator complies with this article. A landlord may not discriminate in rental or other charges between tenants who subscribe to cable services and those who do not. The landlord is entitled to just compensation from the operator for any loss in value of property resulting from permanent installation of CATV system facilities. If agreement cannot be reached within 45 days of notice, the matter proceeds to arbitration under American Arbitration Association procedures.
This act shall not apply to a person who is not, nor ever has been, a tenant.
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