An Act amending the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, in preliminary provisions, further providing for definitions; in recovery of possession, further providing for hearing, judgment, writ of possession and payment of rent by tenant; and making editorial changes.

PRINTER'S NO. 2757
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2132
Session of
2026
INTRODUCED BY SCOTT, CEPEDA-FREYTIZ, WAXMAN, HILL-EVANS,
SAMUELSON, NEILSON, SANCHEZ, CIRESI AND SMITH-WADE-EL,
JANUARY 12, 2026
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
JANUARY 12, 2026
AN ACT
Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
act relating to the rights, obligations and liabilities of
landlord and tenant and of parties dealing with them and
amending, revising, changing and consolidating the law
relating thereto," in preliminary provisions, further
providing for definitions; in recovery of possession, further
providing for hearing, judgment, writ of possession and
payment of rent by tenant; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "justice of the peace" in
section 102 of the act of April 6, 1951 (P.L.69, No.20), known
as The Landlord and Tenant Act of 1951, is amended and the
section is amended by adding a definition to read:
Section 102. Definitions.--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.]
"Magisterial district judge" means district justices,
aldermen, magistrates or any other court having jurisdiction
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over landlord and tenant matters, excluding a court of common
pleas.
* * *
Section 2. Section 502(a) of the act is amended to read:
Section 502. Summons and Service.--(a) Upon the filing of
the complaint, the [justice of the peace] magisterial district
judge 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] magisterial district judge to answer the complaint on
a date not less than seven nor more than ten days from the date
of the summons.
* * *
Section 3. Section 503(a) introductory paragraph and (b) of
the act are amended and the section is amended by adding
subsections to read:
Section 503. Hearing; Judgment; Writ of Possession; Payment
of Rent by Tenant.--(a) On the day and at the time appointed or
on a day to which the case may be adjourned, the [justice of the
peace] magisterial district judge shall proceed to hear the
case. If it appears that the complaint has been sufficiently
proven, the [justice of the peace] magisterial district judge
shall enter judgment against the tenant:
* * *
(b) At the request of the landlord, the [justice of the
peace] magisterial district judge 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
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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.
* * *
(d) A landlord may not require a tenant to pay to the
landlord any costs associated with filing the complaint. To
supersede and render the writ of possession of no effect under
subsection (c), the tenant shall pay to the writ server,
constable or sheriff the rent actually in arrears and the costs
associated with the amount of rent that remains due and unpaid.
(e) Any provision in a contract or lease that requires a
tenant to pay costs associated with filing the complaint is void
and unenforceable.
Section 4. Sections 504 and 513(e) of the act are amended to
read:
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] magisterial district
judge 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
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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.
Section 513. Appeal by Tenant to Common Pleas Court.--
* * *
(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] A magisterial
district judge 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.
Section 5. This act shall take effect in 60 days.
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