THE LANDLORD AND TENANT ACT OF 1951 Cl. 68 Act of Apr. 6

THE LANDLORD AND TENANT ACT OF 1951

Cl. 68Act of Apr. 6, 1951, P.L. 69, No. 20

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.

TABLE OF CONTENTS

ARTICLE I.

PRELIMINARY PROVISIONS.

Section 101. Short Title.

Section 102. Definitions.

Section 103. Provisions Excluded from Act.

Section 104. Rights of Persons Acquiring Title by Descent or

Purchase.

Section 105. Sublessees.

ARTICLE II.

CREATION OF LEASES; STATUTE OF FRAUDS;

MORTGAGING OF LEASEHOLDS.

Section 201. Leases for Not More Than Three Years.

Section 202. Leases for More Than Three Years.

Section 203. Assignment, Grant and Surrender of Leases to be

in Writing; Exception.

Section 204. Mortgaging of Leaseholds.

Section 205. Participation in Tenants' Association.

Section 206. Statement of Escrowed Funds.

ARTICLE III.

RECOVERY OF RENT BY ASSUMPSIT AND DISTRESS.

Section 301. Recovery of Rent by Assumpsit.

Section 302. Power to Distrain for Rent; Notice.

Section 303. Collection of Rent in Special Cases.

Section 304. Collection of Rent by Purchasers at Sheriffs' and

Judicial Sales.

Section 305. Distress of Property Fraudulently Removed.

Section 306. Replevin by Tenant or Owner.

Section 307. Proceeding by Tenant to Determine Set-Off.

Section 308. Appraisement of Property Levied Upon.

Section 309. Sale and Notice Thereof; Distribution of Proceeds.

Section 310. Rights of Purchasers of Growing Agricultural

Crops.

Section 311. Damages for Removal of Property Distrained On.

Section 312. Remedy in Cases of Improper Distress.

Section 313. Remedy Where Distress and Sale Made and No Rent

Due.

ARTICLE IV.

EXEMPTIONS FROM DISTRESS AND SALE.

Section 401. Tenant's Exemption; Appraisement.

Section 402. Wearing Apparel, Bibles; School Books, Sewing

Machines and Military Accoutrements to be Exempt.

Section 403. Exemption of Property on Premises Under Lease or

Sale Contract Subject to a Security Interest.

Section 404. Exemption of Other Property Located on Premises.

ARTICLE V.

RECOVERY OF POSSESSION.

Section 501. Notice to Quit.

Section 502. Summons and Service.

Section 503. Hearing; Judgment; Writ of Possession; Payment

of Rent by Tenant.

Section 504. Return of Constable or Sheriff.

Section 505. Abandoned Mobile Homes (Repealed).

Section 505.1. Disposition of Abandoned Personal Property.

Section 506. Appeal; Certiorari (Repealed).

Section 507. Proceeding Where Title to Real Property Is in

Dispute (Repealed).

Section 508. Proceedings Where Tenant Claims Title as Joint

Tenant or Tenant in Common (Repealed).

Section 509. Return Where Tenant Retains Forcible Possession;

Notice to Tenant that Alias Writ Will be Issued

Requiring Use of Force, and Service Thereof

(Repealed).

Section 510. Alias Writ of Possession; Forcible Ejection of

Tenant or Occupant (Repealed).

Section 511. Remedy to Recover Possession by Ejectment

Preserved.

Section 511.1. Escrow Funds Limited.

Section 511.2. Interest on Escrow Funds Held More Than Two

Years.

Section 511.3. Bond in Lieu of Escrowing.

Section 512. Recovery of Improperly Held Escrow Funds.

Section 513. Appeal by Tenant to Common Pleas Court.

Section 514. Death of Tenant.

ARTICLE V-A.

TENEMENT BUILDINGS AND MULTIPLE

DWELLING PREMISES.

Section 501-A. Definitions.

Section 502-A. Landlord's Duties.

Section 503-A. Tenant's Duties.

Section 504-A. Tenant's Rights.

Section 505-A. Use of Illegal Drugs.

ARTICLE V-B.

TENANTS' RIGHTS TO CABLE TELEVISION.

Section 501-B. Definitions.

Section 502-B. Tenants Protected.

Section 503-B. Tenants' Rights.

Section 504-B. Right to Render Services; Notice.

Section 505-B. Compensation for Physical Damage.

Section 506-B. Compensation for Loss of Value.

Section 507-B. Venue.

Section 508-B. Alternative Service.

Section 509-B. Compliance with Requirements for Historical

Buildings.

Section 510-B. Existing CATV Services Protected.

ARTICLE VI.

REPEALS.

Section 601. Specific Repeals.

Section 602. General Repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

ARTICLE I.

PRELIMINARY PROVISIONS.

Section 101. Short Title.--This act shall be known and may

be cited as "The Landlord and Tenant Act of 1951."

Section 102. Definitions.--As used in this act--

"Abandoned mobile home" (Def. repealed Oct. 24, 2012,

P.L.1267, No.156)

"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, regardless of whether or not

a charge is made for such accommodation.

"Mobile home resident" or "resident" means an owner of a

mobile home who leases or rents space in a mobile home park.

The term does not include a person who rents or leases a mobile

home.

"Mobile home space" means a plot of ground within a mobile

home park designed for the accommodation of one mobile home.

"Person" means natural persons, copartnerships, associations,

private and public corporations, authorities, fiduciaries, the

United States and any other country and their respective

governmental agencies, this Commonwealth and any other state

and their respective political subdivisions and 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 and shall include any personalty on real property which

is demised with the real property.

"Tenants' organization or association" means a group of

tenants organized for any purpose directly related to their

rights or duties as tenants.

(102 amended July 2, 1996, P.L.474, No.74)

Compiler's Note: Section 28 of Act 207 of 2004 provided

that any and all references in any other law to a

"district justice" or "justice of the peace" shall be

deemed to be references to a magisterial district judge.

Section 103. Provisions Excluded from Act.--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 and providing for the payment of such rent from the

proceeds of such execution;

(2) Denying to a plaintiff the right to stay an execution

without the consent of the landlord having a preference for

rent due payable from the proceeds of such execution;

(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 a trustee or receiver in

bankruptcy is appointed for the person whose property was

distrained, and providing for a lien for the rent or the

proceeds of the sale of such personal property by such officer

and the payment of such rent, together with the costs of

executing the landlord's warrant, from the proceeds of such

sale;

(4) Providing for preference of rent in cases of insolvency

and assignment for the benefit of creditors and in bankruptcy

proceedings;

(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 and permitting the tenant

to recover the amount of the tax so paid from the landlord or

to defalcate such amount against rent due or becoming due;

(7) Providing for the issuing of writs of estrepement to

stay waste committed by a tenant or by others allowed by a

tenant to commit waste and for the procedure in such cases;

(8) Fixing the duties and liabilities of tenants and the

rights of landlords in connection with actions of ejectment

brought by third parties;

(9) Prescribing special proceedings for the obtaining of

possession of real property purchased at tax or judicial sales

and providing for and defining the rights, remedies, duties and

liabilities of such purchasers and tenants affected thereby;

(10) Except as herein specially provided, fixing fees of

justices of the peace, aldermen, magistrates, sheriffs or

constables in any proceedings affecting the relationship of

landlord and tenant.

Compiler's Note: Section 28 of Act 207 of 2004 provided

that any and all references in any other law to a

"district justice" or "justice of the peace" shall be

deemed to be references to a magisterial district judge.

Section 104. Rights of Persons Acquiring Title by Descent

or Purchase.--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.

Section 105. Sublessees.--Any person who is a sublessee

shall be subject to the provisions of the lease between the

lessor and the lessee.

ARTICLE II.

CREATION OF LEASES; STATUTE OF FRAUDS;

MORTGAGING OF LEASEHOLDS.

Section 201. Leases for Not More Than Three Years.--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.

Section 202. Leases for More Than Three Years.--Real

property, including any personal property thereon, 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.

Section 203. Assignment, Grant and Surrender of Leases to

be in Writing; Exception.--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.

Section 204. Mortgaging of Leaseholds.--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 mortgaging of the tenant's interest and title shall

have the same effect with respect to lien, notice, evidence and

priority of payment as is provided by law in the case of the

mortgaging of a freehold interest and title.

Any such mortgage shall be acknowledged and placed on record

in the proper county, together with the lease or a memorandum

thereof complying with the provisions of the act of June 2,

1959 (P.L.454, No.86), as in the case of mortgages on freehold

interests. If the lease or such a memorandum thereof shall have

been recorded in the office of the recorder of deeds of the

proper county before the time of the recording of the mortgage

in lieu of being recorded together with the mortgage, such

recording of the lease or memorandum shall be deemed sufficient

compliance with this section if full and distinct reference is

made in said mortgage to (a) the book and page where the lease

or such memorandum is recorded, or (b) the date of recording

and instrument number or other identifying number with respect

to the recording of such lease or memorandum.

Any such mortgage of a tenant's interest and title may be

enforced in the same manner as mortgages on freehold interests.

No such mortgage shall in any wise interfere with the

landlord's rights, priority or remedies for rent.

As used in this section, the word "tenant" shall include a

subtenant holding under a sublease from a tenant under a prime

lease from the owner or from a subtenant under a sublease

provided that the prime lease and the intervening subleases,

if any, or memoranda thereof complying with the provisions of

the act of June 2, 1959 (P.L.454, No.86) shall have been

recorded in the office of the recorder of deeds of the proper

county at or before the time of recording of the sublease to

such subtenant. As applied to a mortgage made by a subtenant,

the word "lease" wherever used in this section shall mean

sublease.

(204 amended Nov. 30, 1967, P.L.660, No.306)

Section 205. Participation in Tenants' Association.--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.

(205 added Dec. 18, 1984, P.L.1003, No.203)

Section 206. Statement of Escrowed Funds.--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.

(206 added Dec. 18, 1984, P.L.1003, No.203)

ARTICLE III.

RECOVERY OF RENT BY ASSUMPSIT

AND DISTRESS.

Section 301. Recovery of Rent by Assumpsit.--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.

Section 302. Power to Distrain for Rent; Notice.--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 thereto

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, except where the tenant through his

act prevents the execution of the warrant during such hours.

Notice in writing of such distress, stating the cause of

such taking, specifying the date of levy and the personal

property distrained sufficiently to inform the tenant or owner

what personal property is 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 the same to the tenant or

any other owner at the premises, or by posting the same

conspicuously on the premises charged with the rent.

A landlord or such agent may also, in the manner above

provided, distrain personal property located on the premises

but only that belonging to the tenant, for arrears of rent due

on any lease which has ended and terminated, if such distress

is made during the continuance of the landlord's title or

interest in the property.

Section 303. Collection of Rent in Special Cases.--

(a) The following persons shall have the right to collect

all rent due by assumpsit or by distraint on personal property

located on the real property subject to such rent:

(1) The owner of a ground rent;

(2) The personal representative of a deceased landlord or

deceased tenant for life who has demised the real property

subject to his estate, or a deceased landlord whose real

property has escheated to the Commonwealth, whether such rent

accrued prior to or after the death of the decedent and until

the termination of the administration of the estate;

(3) The escheator appointed for the purpose of collecting

rents;

(4) The spouse of a deceased landlord to whom real property

has been set aside as his or her allowance by law; and,

(5) A widow who is the party named in a deed, agreement or

decree of court under which a charge is made upon such real

estate for the payment of instalments of dower.

(b) Any person given the right by this section to collect

and distrain for rent shall be deemed for the purposes of this

article to be a landlord.

Section 304. Collection of Rent by Purchasers at Sheriffs'

and Judicial Sales.--In the case of a tenant whose right of

possession is not paramount to that of the purchaser at a

sheriff's or other judicial sale, the latter shall have the

right as a landlord to collect by assumpsit or to distrain for

rent from the date of the acknowledgment of his deed, except

for such fractional part of a quarter as the tenant, if a farmer

or one engaged in raising crops or produce, or such fractional

part of a month in other cases, as the tenant may, in accordance

with the terms of his letting, have paid as an advance payment

prior to the date of the acknowledgment of said deed. In the

case of a tenant whose right of possession is paramount to that

of such purchaser, advance rent paid prior to the date of

acknowledgment of the purchaser's deed shall be deemed properly

paid though paid prior to its due date, unless it is so paid

with the actual notice of the pendency of the proceedings

resulting in the sale or with intent to defeat the rights of a

purchaser thereat.

The right of possession of a tenant for years shall not be

deemed paramount to that of a purchaser at a tax sale.

The right of possession of a tenant shall be deemed paramount

to that of a purchaser at a judicial sale if and only if the

letting to him shall precede in point of date the entry of the

judgment, order or decree on which such sale was had and also

shall precede the recording or registering of the mortgage,

deed or will, if any, through which by legal proceedings the

purchaser derives title, and shall not be paramount if the

letting is made with actual notice to such tenant of the

contemplated entry of such judgment, order or decree or of the

fact of the execution of such mortgage, deed or other instrument

of writing and with intent to avoid the effect thereof.

Section 305. Distress of Property Fraudulently Removed.--In

case any tenant of any real property shall fraudulently or

clandestinely remove from the demised premises his personal

property with intent to prevent the landlord from distraining

the same for arrears of rent, it shall be lawful for the

landlord or his agent, within the space of thirty days next

ensuing such removal, to take and seize such personal property,

wherever the same may be found, in distress for said arrears

of rent and to proceed to sell the same, as hereinafter

provided, as if the personal property had actually been

distrained upon on the demised premises.

Section 306. Replevin by Tenant or Owner.--The tenant or

owner of any personal property distrained on may, within five

days next after notice of such distress, replevy the same. All

proceedings in replevin shall be conducted in accordance with

general law and applicable rules of procedure governing actions

of replevin.

Section 307. Proceeding by Tenant to Determine Set-Off.--Any

court of record or court not of record having jurisdiction in

civil actions at law may entertain an action to defalcate by a

tenant against a landlord where the landlord has distrained for

arrears of rent, to compel the landlord to set-off any account

which the tenant may have against the landlord. No such court

shall entertain any such action where the rent or set-off

claimed is in excess of its civil jurisdiction. Proceedings in

such actions shall be the same as in actions of assumpsit.

The court shall determine the amount of rent in arrears and

the amount of the set-off, if any, and enter judgment in favor

of the proper party for the balance due.

If such judgment is in favor of the landlord he may, in lieu

of issuing execution thereon, proceed with his distress for the

amount of such judgment. If the landlord shall sell more

personal property than necessary to satisfy such judgment and

costs and fail to pay the overplus to the tenant, he shall be

liable in trespass to double the amount of the sum so detained,

together with the costs of suit. If the landlord shall proceed

to sell any personal property after notice of any such

proceeding to defalcate and before judgment in his favor

thereon, he shall be liable in trespass to double the amount

by which the sum realized from such sale exceeds the sum to

which he shall be found to be entitled by the final judgment

in the defalcation proceeding, together with the costs of suit

in the defalcation proceeding, if such judgment be in his favor.

If the landlord proceeds with the distress, he shall satisfy

the judgment to the extent of the amount realized on the sale,

less the costs of the distress, or on his failure to do so, the

tenant may proceed by rule to have such satisfaction entered.

Section 308. Appraisement of Property Levied Upon.--If the

tenant or owner of the personal property distrained upon fails

to replevy the same within said five days next after distress

and notice thereof, the person distraining may, with the sheriff

or his deputy or any constable or his deputy, which officer

upon demand of the landlord shall aid and assist, cause the

personal property so distrained to be appraised by two

disinterested and competent persons appointed by said officer.

The appraisers shall each take the following oath or

affirmation to be administered by the assisting officer:

"I .............., do solemnly swear (or affirm) that I will

well and truly, according to my understanding, appraise the

personal property of .............., distrained on for rent by

................."

Each appraiser shall receive two dollars ($2) per diem for

his services in making the appraisement, to be paid out of the

proceeds of the sale.

Section 309. Sale and Notice Thereof; Distribution of

Proceeds.--After the appraisement has been completed, the

sheriff, deputy sheriff, constable or deputy constable shall

fix a day, time and place of sale, of which at least six days

public notice in writing shall be given by handbills. The notice

of sale shall specify the personal property to be sold

sufficiently to inform the tenant or owner and to induce bidders

to attend the sale. On the day and at the time fixed for the

sale or on any day and time to which said sale may be adjourned,

the sheriff, deputy sheriff, constable or deputy constable shall

publicly sell the personal property so distrained for the best

price that can be obtained for the same.

The proceeds of the sale shall be paid out in the following

order: First, for the payment of any wages due by the tenant

which by law are given preference and to the same extent and

upon the same conditions of notice being given as required by

the wage preference law and notice of the claim to the officer

executing the landlord's warrant; second, for the payment of

the charges and costs for making the distress, appraisement and

sale; third, for the satisfaction of the rent for which the

personal property was distrained; fourth, any overplus for the

use of the owner.

Section 310. Rights of Purchasers of Growing Agricultural

Crops.--The purchaser of any growing agricultural crops at a

sale on distress for rent shall at all times have free ingress

and egress to and from the premises where the same may be

growing and the right to repair fences. He shall have the right

to dig, cut, gather, lay up and thresh the same in the same

manner as the tenant might legally have done and thereafter to

carry the same away from the premises.

Section 311. Damages for Removal of Property Distrained

On.--Any landlord having distrained upon personal property for

rent due who is aggrieved by the unlawful removal thereof shall,

in an action of trespass, recover treble damages, together with

the costs of suit, against the offender or against the owner,

if it be afterwards found that the personal property has come

into his use or possession.

Section 312. Remedy in Cases of Improper Distress.--The

landlord and his agent shall be liable to the tenant or the

owner of the personal property distrained on in an action of

trespass, (1) If the distress is for more rent than is due, (2)

or if the amount of personal property distrained is unreasonably

great, (3) or if made after a proper tender of the rent due was

rejected, (4) or if the distress is conducted irregularly or

oppressively, (5) or if any personal property taken in distress

was, to the knowledge of the landlord or his agent, not

distrainable, (6) or if the distress is made at an improper

time, (7) or if the landlord or his agent receives notice, after

the distress, from the owner or his agent or from the tenant

having possession of the property that the personal property

distrained on was not subject to distress and nevertheless

proceeds with the sale without affording the owner a five day

period after such notice to replevy such personal property.

Section 313. Remedy Where Distress and Sale Made and No

Rent Due.--In case any distress and sale of personal property

shall be made for rent when no rent is due to the person

distraining or to the person in whose name the distress had

been taken, then the owner of the personal property shall, by

action of trespass brought against the person distraining,

recover double the value of the personal property so distrained

and sold, together with the costs of suit.

ARTICLE IV.

EXEMPTIONS FROM DISTRESS AND SALE.

Section 401. Tenant's Exemption; Appraisement.--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, who shall be sworn or

affirmed by such officer to appraise personal property,

including bank notes, money, stocks, judgments or other

indebtedness due the tenant, to the value of three hundred

dollars ($300), which the tenant may elect to retain, and the

property so elected and appraised shall be exempt from levy and

sale in such distress proceedings.

Each appraiser shall be entitled to receive two dollars

($2.00) for his services.

Section 402. Wearing Apparel; Bibles; School Books; Sewing

Machines and Military Accoutrements to be Exempt.--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.

(402 amended Oct. 4, 1978, P.L.936, No.180)

Section 403. Exemption of Property on Premises Under Lease

or Sale Contract Subject to a Security Interest.--The following

personal property loaned to or leased or hired by any person,

or sold in any transaction in which a purchase money security

interest is taken or retained shall be exempt from levy and

sale on distress for rent so long as the security interest or

title thereto remains in the secured party, owner, lender, or

lessor if written notice, specifically describing the personal

property loaned, leased, hired, or made subject to a security

interest, shall be given to the landlord or his agent at the

time the said personal property is placed upon the demised

premises or within ten days thereafter, which notice shall

contain a statement of the respective amounts due on each

article named in the notice, and when so given, shall be

effective as to such landlord and any future owner or owners

of said premises, that is to say--

(1) All pianos, melodeons and organs;

(2) All soda water apparatus and the appurtenances thereto;

(3) All sewing machines and typewriting machines; and all

accounting, tabulating, computing, bookkeeping, photocopying

and other office equipment and machinery;

(4) All electric motors, electric fans, electric air

conditioners and dynamos;

(5) All ice cream cabinets and ice cream containers and the

appurtenances thereto;

(6) All household furniture and household goods;

(7) All patented shoe repairing machinery and tools;

(8) All beauty and barber shop furniture and equipment;

(9) All cigarette, candy, chewing gum, soft drink, milk,

food and all other types of automatic merchandising, service

or amusement vending machines;

(10) All restaurant and bar furniture and equipment;

(11) All meat market and grocery store equipment;

(12) All industrial, mining and construction machinery and

equipment not attached to the realty.

In the case of personal property enumerated in clauses (2),

(3), (5), (7), (8), (9), (10), (11) and (12) of this section,

notice may be given in the manner above provided or, in lieu

thereof, the name and address of the owner, lender, lessor or

conditional vendor may be marked on or attached to said property

on a visible part thereof. (Par. amended Nov. 5, 1971, P.L.507,

No.118)

Upon request at any reasonable time the owner, lender, lessor

or conditional vendor of any personal property enumerated in

this section shall advise the landlord or his agent as to the

status of his account with the tenant. In default of such

advice, it shall be conclusively presumed no balance is due on

said account.

Any landlord may levy upon and sell on distress for rent any

right or interest of the tenant in any personal property

mentioned in this section, subject to the rights therein of the

owner, lender, lessor or conditional vendor.

(403 amended June 8, 1965, P.L.97, No.66)

Section 404. Exemption of Other Property Located on

Premises.--The following personal property located on premises

occupied by a tenant shall be exempt from levy and sale on

distress for rent, i.e., personal property--

(1) Necessarily put in possession of the tenant in the

course of his business by those with whom the tenant deals or

by those who employ the tenant;

(2) Actually held by the tenant for someone else in the

course of trade, as agent or as consignee;

(3) Sold for a valuable consideration by the tenant before

distress to any bona fide purchaser not privy to any fraud;

(4) ((4) repealed June 23, 2016, P.L.365, No.51)

(5) Of a decedent;

(6) Of the United States and its governmental agencies, or

of the Commonwealth of Pennsylvania or of any political

subdivision thereof;

(7) Of any public service company, essential to the

performance of its public functions; or,

(8) Cattle or stock taken by the tenant to be fed or cared

for on the leased premises for a consideration to be paid by

the owner.

ARTICLE V.

RECOVERY OF POSSESSION.

Section 501. Notice to Quit.--(a) A landlord desirous of

repossessing real property from a tenant except real property

which is a mobile home space as defined in the act of November

24, 1976 (P.L.1176, No.261), known as the "Mobile Home Park

Rights Act," may notify, in writing, the tenant to remove from

the same at the expiration of the time specified in the notice

under the following circumstances, namely, (1) Upon the

termination of a term of the tenant, (2) or upon forfeiture of

the lease for breach of its conditions, (3) or upon the failure

of the tenant, upon demand, to satisfy any rent reserved and

due.

(b) Except as provided for in subsection (c), in case of

the expiration of a term or of a forfeiture for breach of the

conditions of the lease where the lease is for any term of one

year or less or for an indeterminate time, the notice shall

specify that the tenant shall remove within fifteen days from

the date of service thereof, and when the lease is for more

than one year, then within thirty days from the date of service

thereof. In case of failure of the tenant, upon demand, to

satisfy any rent reserved and due, the notice shall specify

that the tenant shall remove within ten days from the date of

the service thereof.

for breach of the conditions of the lease involving a tenant

of a mobile home park as defined in the "Mobile Home Park Rights

Act," where the lease is for any term of less than one year or

for an indeterminate time, the notice shall specify that the

tenant shall remove within thirty days from the date of service

thereof, and when the lease is for one year or more, then within

three months from the date of service thereof. In case of

failure of the tenant, upon demand, to satisfy any rent reserved

and due, the notice, if given on or after April first and before

September first, shall specify that the tenant shall remove

within fifteen days from the date of the service thereof, and

if given on or after September first and before April first,

then within thirty days from the date of the service thereof.

(c.1) The owner of a mobile home park shall not be entitled

to recovery of the mobile home space upon the termination of a

lease with a resident regardless of the term of the lease if

the resident:

(1) is complying with the rules of the mobile home park;

and

(2) is paying the rent due; and

(3) desires to continue living in the mobile home park.

(c.2) The only basis for the recovery of a mobile home space

by an owner of a mobile home park shall be:

(1) When a resident is legally evicted as provided under

section 3 of the "Mobile Home Park Rights Act."

(2) When the owner and resident mutually agree in writing

to the termination of a lease.

(3) At the expiration of a lease, if the resident determines

that he no longer desires to reside in the park and so notifies

the owner in writing.

(d) In case of termination due to the provisions of section

505-A, the notice shall specify that the tenant shall remove

within ten days from the date of service thereof.

(e) The notice above provided for may be for a lesser time

or may be waived by the tenant if the lease so provides.

(f) The notice provided for in this section may be served

personally on the tenant, or by leaving the same at the

principal building upon the premises, or by posting the same

conspicuously on the leased premises.

(501 amended July 2, 1996, P.L.474, No.74)

Section 502. Summons and Service.--(a) Upon the filing of

the complaint, the justice of the peace shall issue a summons

which recites substantially the complaint, is directed to any

writ server, constable or the sheriff of the county and commands

that writ server, constable or sheriff 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.

(502 added July 6, 1995, P.L.261, No.36)

Compiler's Note: Section 28 of Act 207 of 2004 provided

that any and all references in any other law to a

"district justice" or "justice of the peace" shall be

deemed to be references to a magisterial district judge.

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,

issue a writ of 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 and executed on the

eleventh day following service upon the tenant of the leased

premises. Service of the writ of possession shall be served

personally on the tenant by personal service or by posting the

writ conspicuously on the leased premises.

executed, 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.

(503 added July 6, 1995, P.L.261, No.36)

Compiler's Note: Section 28 of Act 207 of 2004 provided

that any and all references in any other law to a

"district justice" or "justice of the peace" shall be

deemed to be references to a magisterial district judge.

Section 504. Return by Constable or Sheriff.--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 the payment of rent due or in arrears and costs

by or on behalf of the tenant, the amount of that payment and

its distribution; (3) the time and date of any forcible entry

and ejectment, or that no entry for the purpose of ejectment

had been made; and (4) his expenses and fees, which expenses

and fees shall have been paid by the tenant or, if paid by the

landlord, reimbursed to the landlord by the tenant in order to

satisfy the writ.

(504 added July 6, 1995, P.L.261, No.36)

Compiler's Note: Section 28 of Act 207 of 2004 provided

that any and all references in any other law to a

"district justice" or "justice of the peace" shall be

deemed to be references to a magisterial district judge.

Section 505. Abandoned Mobile Homes.--(505 repealed Oct.

24, 2012, P.L.1267, No.156)

Section 505.1. Disposition of Abandoned Personal

Property.-- (a) Upon the termination of a lease or

relinquishment of possession of real property, a tenant shall

remove all personal property from the leased or formerly leased

premises. Abandoned personal property remaining on the premises

may be disposed of at the discretion of the landlord, subject

to the provisions of this section.

(b) Personal property remaining on the premises may be

deemed abandoned if any of the following apply:

(1) The tenant has vacated the unit following the

termination of a written lease.

(2) An eviction order or order for possession in favor of

the landlord has been entered and the tenant has vacated the

unit and removed substantially all personal property.

(3) An eviction order or order for possession in favor of

the landlord has been executed.

(4) The tenant has provided the landlord with written notice

of a forwarding address and has vacated the unit and removed

substantially all personal property.

(5) The tenant has vacated the unit without communicating

an intent to return, the rent is more than fifteen days past

due and, subsequent to those events, the landlord has posted

notice of the tenant's rights regarding the property.

property remaining in the demised premises, the provisions of

this act shall not apply. The disposition of personal property

in the case of a decedent shall be governed by the provisions

of 20 Pa.C.S. §§ 711(1) (relating to mandatory exercise of

jurisdiction through orphans' court division in general) and

3392 (relating to classification and order of payment) and other

relevant provisions of 20 Pa.C.S. (relating to decedents,

estates and fiduciaries).

(d) Prior to removing or disposing of abandoned property,

the landlord must provide written notice of the tenant's rights

regarding the property. The tenant shall have ten days from the

postmark date of the notice to retrieve the property or to

request that the property be stored for an additional period

not exceeding thirty days from the date of the notice. If the

tenant so requests, the landlord must retain or store the

property for up to thirty days from the date of the notice.

Storage will be provided at a place of the landlord's choosing

and the tenant shall be responsible for costs. At all times,

the landlord shall exercise ordinary care in handling and

securing the tenant's property and shall make the property

reasonably available for purposes of retrieval.

(e) Notice shall be sent by first class mail to the tenant

at the address of the leased premises and to any forwarding

address provided by the tenant, including any address provided

for emergency purposes. The notice shall be in substantially

the following form:

Personal property remaining at (address) is now considered

to have been abandoned. Within ten days of the postmark date

of this notice, you must retrieve any items you wish to keep

or contact your landlord at (telephone number and address)

to request that the property be retained or stored. If

requested, storage will be provided for up to thirty days

from the postmark date of this notice at a place of your

landlord's choosing, and you will be responsible for costs

of storage.

(f) Under no circumstances may a landlord dispose of or

otherwise exercise control over personal property remaining

upon inhabited premises without the express permission of the

tenant. If the conditions under which personal property may be

deemed abandoned no longer exist, the landlord shall have no

right to dispose of or otherwise exercise control over the

property.

(g) Except with respect to the provisions of subsection

(h), in the event of a conflict between the provisions of this

section and the terms of a written lease, the terms of the lease

shall control.

(h) Notwithstanding any provision of this section to the

contrary, if a landlord proceeding under the provisions of

subsection (b)(3) has actual knowledge or is notified of a

protection from abuse order entered for the protection of the

tenant or a member of the tenant's immediate family, the

landlord shall refrain from disposing of or otherwise exercising

control over the personal property of the tenant for thirty

days from the date of the notice. If requested, storage shall

be provided for up to thirty days from the date of the request.

(i) A landlord that violates the provisions of this section

shall be subject to treble damages, reasonable attorney fees

and court costs.

(505.1 amended Oct. 22, 2014, P.L.2620, No.167)

Section 506. Appeal; Certiorari.--(506 repealed Apr. 28,

1978, P.L.202, No.53)

Section 507. Proceeding Where Title to Real Property Is in

Dispute.--(507 repealed Apr. 28, 1978, P.L.202, No.53)

Section 508. Proceedings Where Tenant Claims Title as Joint

Tenant or Tenant in Common.--(508 repealed Apr. 28, 1978,

P.L.202, No.53)

Section 509. Return Where Tenant Retains Forcible

Possession; Notice to Tenant that Alias Writ Will be Issued

Requiring Use of Force, and Service Thereof.--(509 repealed

Apr. 28, 1978, P.L.202, No.53)

Section 510. Alias Writ of Possession; Forcible Ejection

of Tenant or Occupant.--(510 repealed Apr. 28, 1978, P.L.202,

No.53)

Section 511. Remedy to Recover Possession by Ejectment

Preserved.--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.

Section 511.1. Escrow Funds Limited.--(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 thereof 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.

during any renewal after the expiration of two years of tenancy,

the landlord requires the one month's rent escrow provided

herein, upon termination of the lease, or on surrender and

acceptance of the leasehold premises, the escrow funds together

with interest shall be returned to the tenant in accordance

with sections 511.2 and 512.

(d) Whenever a tenant has been in possession of premises

for a period of five years or greater, any increase or increases

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.

(511.1 added Dec. 29, 1972, P.L.1698, No.363)

Section 511.2. Interest on Escrow Funds Held More Than Two

Years.--(a) Except as otherwise provided in this section, all

funds over one hundred dollars ($100) deposited with a lessor

to secure the execution of a rental agreement on residential

property in accordance with section 511.1 and pursuant to any

lease newly executed or reexecuted after the effective date of

this act 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. When any funds are deposited

in any escrow account, interest-bearing or noninterest-bearing,

the lessor shall thereupon notify in writing each of the tenants

making any such deposit, giving the name and address of the

banking institution in which such deposits are held, and the

amount of such deposits.

(b) Whenever any money is required to be deposited in an

interest-bearing escrow savings account, in accordance with

section 511.1, then the lessor shall be entitled to receive as

administrative expenses, a sum equivalent to one per cent per

annum upon the security money so deposited, which shall be in

lieu of all other administrative and custodial expenses. The

balance of the interest paid shall be the money of the tenant

making the deposit and will be paid to said tenant annually

upon the anniversary date of the commencement of his lease.

the second anniversary of the deposit of escrow funds.

(511.2 added Dec. 29, 1972, P.L.1698, No.363)

Section 511.3. Bond in Lieu of Escrowing.--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 of said escrow funds shall be secured by a good and

sufficient guarantee bond issued by a bonding company authorized

to do business in Pennsylvania.

(511.3 added Dec. 29, 1972, P.L.1698, No.363)

Section 512. Recovery of Improperly Held Escrow

Funds.--(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 any sum deposited in escrow, including any unpaid

interest thereon, for the payment of damages to the leasehold

premises and the actual amount of damages to the leasehold

premises caused by the tenant. Nothing in this section shall

preclude the landlord from refusing to return the escrow fund,

including any unpaid interest thereon, for nonpayment of rent

or for the breach of any other condition in the lease by the

tenant. ((a) amended Dec. 29, 1972, P.L.1698, No.363)

(b) Any landlord who fails to provide a written list within

thirty days as required in subsection (a), above, shall forfeit

all rights to withhold any portion of sums held in escrow,

including any unpaid interest thereon, or to bring suit against

the tenant for damages to the leasehold premises. ((b) amended

Dec. 29, 1972, P.L.1698, No.363)

between the sum deposited, including any unpaid interest

thereon, and the actual damages to the leasehold premises caused

by the tenant within thirty days after termination of the lease

or surrender and acceptance of the leasehold premises, the

landlord shall be liable in assumpsit to double the amount by

which the sum deposited in escrow, including any unpaid interest

thereon, exceeds the actual damages to the leasehold premises

caused by the tenant as determined by any court of record or

court not of record having jurisdiction in civil actions at

law. The burden of proof of actual damages caused by the tenant

to the leasehold premises shall be on the landlord. ((c) amended

Dec. 29, 1972, P.L.1698, No.363)

(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 of the lease or upon

surrender and acceptance of the leasehold premises shall relieve

the landlord from any liability under this section.

(f) This section shall apply only to residential leaseholds

and not to commercial leaseholds.

(512 added May 3, 1968, P.L.107, No.56)

Section 513. Appeal by Tenant to Common Pleas

Court.--(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 the recovery of possession of real

property or for rent due shall deposit with the prothonotary a

sum equal to the amount of rent due as determined by the lower

court. This sum representing the rent due or in question shall

be placed in a special escrow account by the prothonotary. The

prothonotary shall only dispose of these funds by order of

court.

(b) Within ten days after the rendition of judgment by a

lower court arising out of residential lease or within thirty

days after a judgment by a lower court arising out of a

nonresidential lease or a residential lease involving a victim

of domestic violence, either party may appeal to the court of

common pleas, and the appeal by the tenant shall operate 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 court of common pleas proceedings within ten days

after the date each payment is due into an escrow account with

the prothonotary or the supersedeas shall be summarily

terminated.

release appropriate sums from the escrow account on a continuing

basis while the appeal is pending to compensate the landlord

for the tenant's actual possession and use of the premises

during the pendency of the appeal.

(d) Upon application by the tenant, the court shall release

appropriate sums from the escrow account on a continuing basis

while the appeal is pending to directly compensate those

providers of habitable services which the landlord is required

to provide under law or under the lease.

(e) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Lower court." District justice, magistrate or any other

court having jurisdiction over landlord and tenant matters,

excluding a court of common pleas.

"Victim of domestic violence." A person who has obtained a

protection from abuse order against another individual or can

provide other suitable evidence as the court shall direct.

(513 amended July 6, 1995, P.L.253, No.33)

Compiler's Note: Section 28 of Act 207 of 2004 provided

that any and all references in any other law to a

"district justice" or "justice of the peace" shall be

deemed to be references to a magisterial district judge.

Section 514. Death of Tenant.--(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 and any expenses the landlord

may incur as a direct result of the tenant's death, 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).

(514 added Nov. 2, 2016, P.L.968, No.116)

Compiler's Note: Section 2 of Act 116 of 2016 provided that

the addition of section 514 shall apply to leases entered

into or extended on or after the effective date of

section 2.

ARTICLE V-A.

TENEMENT BUILDINGS AND MULTIPLE DWELLING PREMISES.

(Art. V-A added Dec. 10, 1974, P.L.825, No.274)

Section 501-A. Definitions.--As used in this article, the

following terms shall have the meanings ascribed to them in

this section unless the context otherwise indicates:

(1) "Tenement building" any house or building, or portion

thereof, which is intended or designed to be occupied or leased

for occupation, or actually occupied, as a home or residence

for three or more households living in separate apartments, and

doing their cooking upon the premises.

(2) "Apartment" a room or suite of two or more rooms,

occupied or leased for occupation, or intended or designed to

be occupied, as a domicile.

(3) "Multiple dwelling premises" any area occupied by

dwelling units, appurtenances thereto, grounds and facilities

which dwelling units are intended or designed to be occupied

or leased for occupation, or actually occupied, as individual

homes or residences for three or more households. "Multiple

dwelling premises" shall include, interalia, mobile home parks.

(501-A added Dec. 10, 1974, P.L.825, No.274)

Section 502-A. Landlord's Duties.--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.

(502-A added Dec. 10, 1974, P.L.825, No.274)

Section 503-A. Tenant's Duties.--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 wilfully 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 wilfully or wantonly disturb the peaceful

enjoyment of the premises by other tenants and neighbors.

(503-A added Dec. 10, 1974, P.L.825, No.274)

Section 504-A. Tenant's Rights.--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 under this article are observed. The

tenant also shall have right to invite to his apartment or

dwelling unit, for a reasonable period of time, such social

guest, family or visitors as he wishes so long as his

obligations as a tenant under this article are observed. 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.

It is the intent of this article to insure that the landlord

may in no way restrict the tenant's right to purchase goods,

services and the like from a source of the tenant's choosing

and as a consequence any provision in a written agreement

attempting to limit this right shall be void and unenforceable

in the courts of this Commonwealth.

(504-A added Dec. 10, 1974, P.L.825, No.274)

Section 505-A. Use of Illegal Drugs.--(a) The following

acts relating to illegal drugs shall be a breach of condition

of the lease and shall be grounds for removal of the tenant

from a single-family dwelling, apartment, multiple dwelling

premises or tenement building:

(1) The first conviction for an illegal sale, manufacture

or distribution of any drug in violation of the act of April

14, 1972 (P.L.233, No.64), known as "The Controlled Substance,

Drug, Device and Cosmetic Act," on a single-family dwelling or

any portion of the multiple dwelling premises or tenement;

(2) The second violation of any of the provisions of "The

Controlled Substance, Drug, Device and Cosmetic Act" on a

single-family dwelling or any portion of the multiple dwelling

premises or tenement;

(3) The seizure by law enforcement officials of any illegal

drugs on the leased premises in the single-family dwelling or

multiple dwelling premises or tenement.

(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 the same or any other

tenant relating to any subsequent acts.

(505-A added Dec. 20, 1990, P.L.1465, No.221)

ARTICLE V-B.

TENANTS' RIGHTS TO CABLE TELEVISION.

(Art. added Dec. 20, 1990, P.L.1465, No.221)

Section 501-B. Definitions.--As used in this article--

(1) "CATV system" or "cable television system" shall include

a system or facility or part thereof which consists of a set

of transmission paths and associated signal generation,

reception, amplification and control equipment which is operated

or intended to be operated to perform the service of receiving

and amplifying and distributing and redistributing signals

broadcast or transmitted by one or more television or radio

stations or information distribution service companies,

including, but not limited to, the cable communications system

owner, operator or manager itself, to subscribers. The term

shall include the service of distributing any video, audio,

digital, light or audio-video signals whether broadcast or

otherwise.

(2) "Holding a franchise" shall include obtaining municipal

consent to or approval of the construction or operation of a

CATV system and the rendering of CATV services whether granted

by resolution, ordinance or written agreement. The term shall

include a person who has constructed and is operating a CATV

system within the public right-of-way of a municipality which,

at the time of construction and initial operation of such CATV

system, did not require that municipal consent be obtained.

(3) "Landlord" shall include an individual or entity owning,

controlling, leasing, operating or managing multiple dwelling

premises.

(4) "Multiple dwelling premises" shall include any area

occupied by dwelling units, appurtenances thereto, grounds and

facilities, which dwelling units are intended or designed to

be occupied or leased for occupation, or actually occupied, as

individual homes or residences for three or more households.

The term shall include mobile home parks.

(5) "Operator" shall include the operator of a CATV system

holding a franchise granted by the municipality or

municipalities in which the multiple dwelling premises to be

served is located.

(501-B added Dec. 20, 1990, P.L.1465, No.221)

Section 502-B. Tenants Protected.--A landlord may not

discriminate in rental or other charges between tenants who

subscribe to the services of a CATV system and those who do

not. The landlord may, however, require reasonable compensation

in exchange for a permanent taking of his property resulting

from the installation of CATV system facilities within and upon

his multiple dwelling premises, to be paid by an operator. The

compensation shall be determined in accordance with this

article.

(502-B added Dec. 20, 1990, P.L.1465, No.221)

Section 503-B. Tenants' Rights.--The tenant has the right

to request and receive CATV services from an operator or a

landlord provided that there has been an agreement between a

landlord and an operator through the negotiation process

outlined in section 504-B or through a ruling of an arbitrator

as provided for in this article. A landlord may not prohibit

or otherwise prevent a tenant from requesting or acquiring CATV

services from an operator of the tenant's choice provided that

there has been an agreement between a landlord and an operator

through the negotiation process outlined in section 504-B or

through a ruling of an arbitrator as provided for in this

article. A landlord may not prevent an operator from entering

such premises for the purposes of constructing, reconstructing,

installing, servicing or repairing CATV system facilities or

maintaining CATV services if a tenant of a multiple dwelling

premises has requested such CATV services and if the operator

complies with this article. The operator shall retain ownership

of all wiring and equipment used in any installation or upgrade

of a CATV system in multiple dwelling premises. An operator

shall not provide CATV service to an individual dwelling unit

unless permission has been given by or received from the tenant

occupying the unit.

(503-B added Dec. 20, 1990, P.L.1465, No.221)

Section 504-B. Right to Render Services; Notice.--If a

tenant of a multiple dwelling premises requests an operator to

provide CATV services and if the operator decides that it will

provide such services, the operator shall so notify the landlord

in writing within ten days after the operator decides to provide

such service. If the operator fails to provide such notice,

then the tenant's request shall be terminated. If the operator

agrees to provide said CATV services, then a forty-five day

period of negotiation between the landlord and the operator

shall be commenced. This original notice shall state as follows:

"The landlord, tenants and operators have rights granted under

Article V-B of the act of April 6, 1951 (P.L.69, No.20), known

as 'The Landlord and Tenant Act of 1951.'" The original notice

shall be accompanied by a proposal outlining the nature of the

work to be performed and including an offer of compensation for

loss in value of property given in exchange for the permanent

installation of CATV system facilities. The proposal also shall

include a statement that the operator is liable to the landlord

for any physical damage, shall set forth the means by which the

operator will comply with the installation requirements of the

landlord pursuant to section 505-B and shall state the time

period for installation and security to be provided. The

landlord may waive his right to security at any time in the

negotiation process.

During the forty-five day period, the landlord and the

operator will attempt to reach an agreement concerning the terms

upon which CATV services shall be provided. If, within the

forty-five day period or at any time thereafter, the proposal

results in an agreement between the landlord and the operator,

CATV services shall be provided in accordance with the

agreement. If, at the end of the forty-five day period, the

proposal does not result in an agreement between the landlord

and the operator, then this article shall apply. The right of

a tenant to receive CATV service from an operator of his choice

may not be delayed beyond the forty-five day period contained

in the original notice or otherwise impaired unless the matter

proceeds to arbitration or court as provided in this article.

An operator may bring a civil action to enforce the right of

CATV services installation given under this article.

(504-B added Dec. 20, 1990, P.L.1465, No.221)

Section 505-B. Compensation for Physical Damage.--An

operator shall be liable to the landlord for any physical damage

caused by the installation, operation or removal of CATV system

facilities. A landlord may require that the installation of

cable television facilities conform to such reasonable

conditions as are necessary to protect the safety, functioning

and appearance of the premises and the convenience and

well-being of tenants. A landlord may also require that the

installation of cable television facilities conforms to

reasonable requirements as to the location of main cable

connections to the premises, the routing of cable lines through

the premises and the overall appearance of the finished

installation. To the extent possible, the location of the entry

of a main cable connection to the premises shall be made at the

same location as the entry into the premises of public utility

connections. A second or subsequent installation of cable

television facilities, if any, shall conform to such reasonable

requirements in such a way as to minimize further physical

intrusion to or through the premises.

(505-B added Dec. 20, 1990, P.L.1465, No.221)

Section 506-B. Compensation for Loss of Value.--(a) A

landlord shall be entitled to just compensation from the

operator resulting from loss in value of property resulting

from the permanent installation of CATV system facilities on

the premises.

(b) If a landlord believes that the loss in value of the

property exceeds the compensation contained in the proposal

accompanying the original notice or believes that the terms

involving the work to be performed contained in the proposal

are unreasonable, or both, the issue of just compensation or

reasonableness of terms shall be determined in accordance with

the following procedure:

(1) At any time prior to the end of the forty-five day

period from the date when the landlord receives the original

notice that the operator intends to construct or install a CATV

system facility in multiple dwelling premises, the landlord

shall serve upon the operator written notice that the landlord

demands a greater amount of compensation or believes that the

terms involving the work to be performed are unreasonable.

(2) If the operator is dissatisfied with the result of the

negotiations at the conclusion of the forty-five day negotiation

period, then he shall notify the landlord of the terms which

the operator believes to be unreasonable and shall accompany

this notice with a formal request for arbitration.

(3) Arbitration proceedings shall be conducted in accordance

with the procedures of the American Arbitration Association or

any successor thereto. The proceedings shall be held in the

county in which the multiple dwelling premises or part thereof

are located. Requirements of this act relating to time,

presumptions and compensation for loss of value shall apply in

the proceedings. The cost of the proceedings shall be shared

equally by the landlord and the operator. The arbitration

proceedings, once commenced, shall be concluded and a written

decision by the arbitrator shall be rendered within fourteen

days of commencement. Judgment upon any award may be entered

in any court having jurisdiction.

(4) Within thirty days of the date of the notice of the

decision of the arbitrators, either party may appeal the

decision of the arbitrators in a court of common pleas,

regarding the amount awarded as compensation for loss of value

or for physical damages to the property. During the pendency

of an appeal, the operator may not enter the multiple dwelling

premises to provide CATV services, except as to those units

that have existing CATV services. The court shall order each

party to pay one-half of the arbitration costs.

a landlord has a specific alternative use for the space occupied

or to be occupied by CATV system facilities, the loss of which

will result in a monetary loss to the owner, or that

installation of CATV system facilities upon such multiple

dwelling premises will otherwise substantially interfere with

the use and occupancy of such premises to an extent which causes

a decrease in the resale or rental value thereof shall be

considered. In determining the damages to any landlord in an

action under this section, compensation shall be measured by

the loss in value of the landlord's property. An amount

representing increase in value of the property occurring by

reason of the installation of CATV system facilities shall be

deducted from the compensation.

(d) The time periods set forth in this section may be

extended by mutual agreement between the landlord and the

operator.

(506-B added Dec. 20, 1990, P.L.1465, No.221)

Section 507-B. Venue.--The court of common pleas of the

county in which the multiple dwelling premises or part thereof

is located shall have venue of all actions to enforce the

provisions of this article or to hear any appeal from the award

of arbitrators or any dispute between the parties.

(507-B added Dec. 20, 1990, P.L.1465, No.221)

Section 508-B. Alternative Service.--Nothing in this act

shall preclude a landlord from offering alternative CATV

services to tenants provided that the provisions of this article

are not violated.

(508-B added Dec. 20, 1990, P.L.1465, No.221)

Section 509-B. Compliance with Requirements for Historical

Buildings.--The operator shall comply with all Federal, State

or local statutes, rules, regulations or ordinances with respect

to buildings located in historical districts.

(509-B added Dec. 20, 1990, P.L.1465, No.221)

Section 510-B. Existing CATV Services Protected.--CATV

services being provided to tenants in multiple dwelling premises

on the effective date of this act may not be prohibited or

otherwise prevented so long as the tenant in an individual

dwelling unit continues to request such services.

(510-B added Dec. 20, 1990, P.L.1465, No.221)

ARTICLE VI.

REPEALS.

Section 601. Specific Repeals.--The following acts and parts

of acts are hereby repealed as respectively indicated:

Sections 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13 and 14 of the

act, approved the twenty-first day of March, one thousand seven

hundred and seventy-two (1 Smith Laws 370), entitled "An act

for the sale of goods distrained for rent, and to secure such

goods to the persons distraining the same, for the better

security of Rents, and for other purposes therein mentioned,"

absolutely.

Section 1 of the act, approved the twenty-first day of March,

one thousand seven hundred and seventy-two (1 Smith Laws 389),

entitled "An act for prevention of frauds and perjuries," in

so far as it applies to leases.

Section 20 of the act, approved the twentieth day of March,

one thousand eight hundred and ten (Pamphlet Laws 208), entitled

"An act to amend and consolidate with its Supplements, the Act

entitled 'An act for the recovery of debts and demands, not

exceeding one hundred dollars, before a Justice of the Peace,

and for the election of Constables, and for other purposes,'"

absolutely.

The act, approved the twenty-second day of March, one

thousand eight hundred and fourteen (Pamphlet Laws 179),

entitled "A Supplement to an act entitled 'An act for the sale

of goods distrained for rent, and to secure such goods to the

persons distraining the same for the better security of rents,

and for other purposes therein mentioned,'" absolutely.

Sections 1 and 2 of the act, approved the third day of April,

one thousand eight hundred and thirty (Pamphlet Laws 187),

entitled "An act relative to landlord and tenant," absolutely.

Sections 119 and 120 of the act, approved the sixteenth day

of June, one thousand eight hundred and thirty-six (Pamphlet

Laws 755), entitled "An act relating to executions," absolutely.

Section 6 of the act, approved the ninth day of April, one

thousand eight hundred and forty-nine (Pamphlet Laws 524),

entitled "A supplement to an act relative to the vendors of

mineral waters; and an act relative to the Washington coal

company; to sheriffs' sales of real estate; to the substitution

of executors and trustees when plaintiffs; to partition in the

courts of common pleas, and for other purposes," absolutely.

Sections 1 and 2 of the act, approved the ninth day of April,

one thousand eight hundred and forty-nine (Pamphlet Laws 533),

entitled "An act to exempt property to the value of three

hundred dollars from levy and sale on execution and distress

for rent," in so far as it applies to distress for rent.

Section 8 of the act, approved the twenty-seventh day of

April, one thousand eight hundred and fifty-five (Pamphlet Laws

368), entitled "An act to amend certain defects of the law for

the more just and safe transmission and secure enjoyment of

real and personal estate," absolutely.

The act, approved the eighth day of April, one thousand eight

hundred and fifty-seven (Pamphlet Laws 170), entitled "A

supplement to the act to exempt property to the value of three

hundred dollars from levy and sale on executions and distress

for rent, approved the ninth day of April, one thousand eight

hundred and forty-nine," in so far as it applies to distress

for rent.

The act, approved the eighth day of April, one thousand eight

hundred and fifty-nine (Pamphlet Laws 425), entitled "An act

relative to the Exemption of Three Hundred Dollars and to the

Widows and Children of decedents," is so far as it applies to

distress for rent.

The act, approved the twenty-second day of March, one

thousand eight hundred and sixty-one (Pamphlet Laws 181),

entitled "A supplement to an act, passed the third day of April,

Anno Domini one thousand eight hundred and thirty, relating to

Landlords and Tenants," absolutely.

The act, approved the fourteenth day of December, one

thousand eight hundred and sixty-three (1864, Pamphlet Laws

1125), entitled "An act relative to Landlords and Tenants,"

absolutely.

The act, approved the eleventh day of April, one thousand

eight hundred and sixty-six (Pamphlet Laws 97), entitled

"Supplement to an act relating to landlords and tenants,"

absolutely.

The act, approved the twentieth day of February, one thousand

eight hundred and sixty-seven (Pamphlet Laws 30, No.10),

entitled "A supplement to an act relative to landlords and

tenants, approved December fourteen, one thousand eight hundred

and sixty-three, extending the provisions thereof to cases of

descent and purchase," absolutely.

The act, approved the third day of April, one thousand eight

hundred and sixty-eight (Pamphlet Laws 57, No.25), entitled "An

act relative to mortgages of leasehold estates," absolutely.

The act, approved the seventeenth day of April, one thousand

eight hundred and sixty-nine (Pamphlet Laws 69, No.44), entitled

"An act to exempt sewing machines belonging to seamstresses in

this Commonwealth from levy and sale on execution or distress

for rent," in so far as it applies to distress for rent.

The act, approved the fourth day of March, one thousand eight

hundred and seventy (Pamphlet Laws 35, No.13), entitled "A

supplement to an act, entitled 'An act to exempt sewing machines

belonging to seamstresses, in this Commonwealth, from levy and

sale on execution or distress for rent,'" in so far as it

applies to distress for rent.

The act, approved the sixth day of March, one thousand eight

hundred and seventy-two (Pamphlet Laws 22, No.9), entitled "An

act in relation to landlord and tenant proceedings under the

act of December fourteenth, one thousand eight hundred and

sixty-three," absolutely.

The act, approved the thirteenth day of May, one thousand

eight hundred and seventy-six (Pamphlet Laws 160), entitled "A

supplement to an act to amend certain defects of the law for

the more just and safe transmission and secure enjoyment of

real and personal estate, approved the twenty-seventh day of

April, Anno Domini one thousand eight hundred and fifty-five,

declaring how mortgages and leases provided for in the eighth

section of said act shall be recorded," absolutely.

The act, approved the thirteenth day of May, one thousand

eight hundred and seventy-six (Pamphlet Laws 171, No.134),

entitled "An act to exempt pianos, melodeons and organs leased

or hired from levy or sale on execution or distress for rent,"

in so far as it applies to distress for rent.

The act, approved the twenty-fifth day of June, one thousand

eight hundred and ninety-five (Pamphlet Laws 282), entitled "An

act to exempt sewing machines and type writing machines, leased

or hired, from levy or sale on execution or distress for rent,"

in so far as it applies to distress for rent.

The act, approved the twenty-eighth day of April, one

thousand eight hundred and ninety-nine (Pamphlet Laws 117,

No.94), entitled "An act supplementary to an act, entitled 'An

act to exempt pianos, melodeons and organs, leased or hired,

from levy or sale on execution or distress for rent,' approved

the thirteenth day of May, Anno Domini one thousand eight

hundred and seventy-six," in so far as it applies to distress

for rent.

The act, approved the thirty-first day of March, one thousand

nine hundred and five (Pamphlet Laws 87), entitled "An act to

provide for notice in the recovery of possession of premises

by a landlord, in all cases where the tenant holds for a term

less than one year, either by license or lease for an

indeterminate time," absolutely.

The act, approved the tenth day of April, one thousand nine

hundred and five (Pamphlet Laws 135), entitled "An act for the

better enforcement of the service of writs of possession in

landlord and tenant cases, where the premises are forcibly

detained by the occupant," absolutely.

The act, approved the twenty-seventh day of April, one

thousand nine hundred and nine (Pamphlet Laws 197), entitled

"A supplement to an act, entitled 'An act defining and

regulating escheats, in cases where property is without a lawful

owner, and providing for more convenient proceedings relative

to the same,' approved May second, one thousand eight hundred

and eighty-nine (Pamphlet Laws 66); providing for the collection

of rent by escheators, in all cases where lands or tenements

have escheated or may hereafter escheat to the Commonwealth,"

absolutely.

The act, approved the third day of May, one thousand nine

hundred and nine (Pamphlet Laws 407), entitled "An act to exempt

electric motors, electric fans, or dynamos, leased or hired,

from levy or sale on execution, or distress for rent," in so

far as it applies to distress for rent.

The act, approved the third day of May, one thousand nine

hundred and nine (Pamphlet Laws 423), entitled "An act exempting

soda-water apparatus and appurtenances thereto, leased, hired,

or conditionally sold, from levy or sale on execution or

distress for rent," in so far as it applies to distress for

rent.

The act, approved the twentieth day of May, one thousand

nine hundred and thirteen (Pamphlet Laws 238), entitled "An act

relating to the service of notices and summons in landlord and

tenant cases," absolutely.

The act, approved the twenty-second day of April, one

thousand nine hundred and twenty-seven (Pamphlet Laws 351),

entitled "An act exempting ice cream cabinets, ice cream

containers, and the appurtenances thereto, leased, loaned,

hired, or conditionally sold, from levy or sale on execution

or distress for rent," in so far as it applies to distress for

rent.

The act, approved the second day of June, one thousand nine

hundred and thirty-three (Pamphlet Laws 1417), entitled "An act

exempting household furniture and household goods, leased,

hired, or conditionally sold, from levy and sale on execution

or distress for rent under certain conditions," in so far as

it applies to distress for rent.

The act, approved the second day of June, one thousand nine

hundred and thirty-three (Pamphlet Laws 1419, No.304), entitled

"An act exempting shoe repairing machinery and tools and the

appurtenances thereto, leased, loaned, hired or conditionally

sold, from levy or sale on execution or distress for rent," in

so far as it applies to distress for rent.

The act, approved the twenty-sixth day of May, one thousand

nine hundred and forty-three (Pamphlet Laws 634), entitled "An

act exempting beauty and barber shop furniture, mechanical

appliances and equipment leased, hired or conditionally sold

from levy and sale on execution or distress for rent under

certain conditions," in so far as it applies to distress for

rent.

The act, approved the fifth day of July, one thousand nine

hundred and forty-seven (Pamphlet Laws 1355), entitled "An act

exempting cigarette vending machines, leased, loaned, hired or

conditionally sold, from levy or sale on execution or distress

for rent," in so far as it applies to distress for rent.

Compiler's Note: Section 28 of Act 207 of 2004 provided

that any and all references in any other law to a

"district justice" or "justice of the peace" shall be

deemed to be references to a magisterial district judge.

Section 602. General Repeal.--All other acts and parts of

acts, general, local and special, inconsistent with or supplied

by this act, are hereby repealed. It is intended that this act

shall furnish a complete and exclusive system in itself.

APPENDIX

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Supplementary Provisions of Amendatory Statutes

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1990, DECEMBER 20, P.L.1465, NO.221

Section 3. The General Assembly finds and declares as

follows:

(1) Cable television has become an important medium of

public communication, education and entertainment.

(2) It is in the public interest to assure apartment

residents and other tenants of leased residential dwellings

access to cable television service of a quality and cost

comparable to service available to residents living in

personally owned dwellings.

(3) It is in the public interest to afford apartment

residents and other tenants of leased residential dwellings

the opportunity to obtain cable television service of their

choice and to prevent landlords from treating such residents

and tenants as a captive market for the sale of television

reception services selected or provided by the landlord.

Compiler's Note: Act 221 amended section 501 and added

section 505-A and Article V-B.