Litigation

By: Christopher L. Turner

A residential landlord who seeks to evict a tenant from leased premises must follow certain steps and procedures outlined in the Pennsylvania Rules of Civil Procedure and comply with the terms of Pennsylvania’s Landlord and Tenant Act.  A landlord is not permitted to perform a self help eviction except against a trespasser in possession.  Thus, resort must be made to Pennsylvania Courts to secure possession of premises if a tenant refuses to vacate.

The quickest and most cost effective method for removing a tenant from residential real property requires a landlord to file a Landlord/Tenant Complaint in the applicable Magisterial District Court.  The complaint must be filed in the proper District Court and must be served upon the tenant in compliance with the rules of court.  Once service of the complaint is properly effectuated on a tenant, a hearing date is set before the Magisterial District Judge.

If the Landlord prevails before the Magisterial District Judge, a judgment for possession will be entered.  Thereafter, a Tenant has a limited amount of time to appeal the judgment to the Court of Common Pleas and if the Tenant elects to do so it must pay the monthly rent into court if the Tenant wishes to remain in possession during the pendency of the appeal.

The process for removing a Tenant from residential real property contains numerous procedural pitfalls that can further delay an already time consuming and expensive process.  As a result careful attention must be given to assure the eviction is effectuated in compliance with all applicable legal and procedural requirements.

For more information, contact Christopher Turner.

By: Nancy J. Glidden 

Pennsylvania’s liberal rules concerning the amendment of pleadings aren’t so liberal in the context of complaints for confession of judgment. When filing a complaint in confession of judgment, if a mistake is made in calculating the amount of damages or the time period in which damages accrued, an attorney cannot rely upon Pa. R.C.P. 1033 to make corrections by amendment. So held the Pennsylvania Superior Court in TCPF Limited Partnership v. Skatell, 976 A. 2d 571 (Pa. Super. 2009). For a fuller discussion of the case click here.

By: Christopher L. Turner

In these challenging economic times, commercial landlords need to be mindful of the advantages of Confession of Judgment Clauses. These clauses permit a landlord to obtain a judgment either for money damages or for eviction against defaulting tenants without the need of a trial.

Additionally, priority of the judgment is established as of the date the judgment is confessed.  As a result, at the time of entry into new leases, landlords should attempt to obtain clauses permitting Confessions of Judgment for both money damages and in ejectment. Similarly, in the event a landlord is confronted with a defaulting tenant, the landlord should review the lease agreement and determine whether he or she has a Confession of Judgment Clause contained therein. If it is available, it can prove a very effective mechanism or collecting money and/or possession of property.

Whether initially drafting such clauses or seeking to enforce them, extreme care must be taken by the landlord.  Because these provisions provide prompt mechanisms for executing upon a judgment and without need for a trial, the courts routinely require strict adherence to Pennsylvania Law and its civil procedure with respect to their interpretation and enforcement.  In summary, if carefully drafted and strictly followed, these clauses provide a landlord with one of the more effective remedies available to him or her when dealing with a defaulting tenant.

For more information about Confessions of Judgment, contact our office.