Philadelphia Landlord-Tenant Court Overview
The Philadelphia Landlord-Tenant Court is where the vast majority of disputes between residential landlords and tenants are heard. When a landlord or tenant has an issue with a lease, the obligations under the law, or other aspects of their relationship as a result of the rental agreement, the Landlord-Tenant Court will almost always be the court they go to for a resolution.
The Landlord-Tenant Court has jurisdiction over all Philadelphia residential rental leases. The only exception to this is when there is a written agreement that clearly states the parties intend for a certain dispute to be heard in a different court. Harmony between the parties is recognized by the Landlord-Tenant Court , and it does have the ability to transfer cases to a more appropriate court upon the request of either party.
The remedies that the Landlord-Tenant Court can award to the prevailing party are often limited to those agreed to in the original lease. The Landlord-Tenant Court can award damages only when the damages were specifically enumerated in the rental lease. In a lease dispute, the court can order the specific performance of a lease or attempt to enforce the terms of a lease. A complex action for equitable relief is not within the jurisdiction of the Landlord-Tenant Court and must be filed in a regular civil court.
If a landlord or tenant has a dispute regarding a commercial lease, they will not be able to have their case heard in the Landlord-Tenant Court, but instead will have to bring their claim in one of the many civil courts throughout the Philadelphia region.
Types of Cases in Landlord & Tenant Court
The most common types of disputes brought before the Philadelphia Landlord – Tenant Court involve eviction proceedings, lease violations, and security deposit disputes. A large portion of the landlord tenant cases heard in the landlord tenant court center on matters of tenant evictions. In order to succeed in an action for eviction, the circumstances under which an eviction based on non-payment of rent may be granted differ depending upon what notice was given. Under a commercial and residential lease, if the notice provided is less than 15 days then the landlord must provide at least 10 days’ notice for residential leases and 15 days’ notice for commercial leases. If the landlord provided 15 days or more notice, then only 5 days’ notice is required. Absent the required notification, the landlord may not succeed in recovering possession of the property.
Another issue commonly heard in the Landlord – Tenant court is breach of lease. A breach of the lease occurs when a party to a lease does something or fails to do something that harms the contract. The lease may allow the landlord to begin the eviction process as a result of a breach of lease. If the lease is breached, the landlord is permitted to file a Complaint and upon obtaining a judgment, seek to recover possession of the premises. Another phrase for this type of eviction is Accelerated Judgment. If the landlord seeks accelerated judgment when the situation warrants it, this tool can be effective and appropriate.
Additionally, another commonly heard case is that involving security deposit disputes. In Pennsylvania, when a tenant enters into a lease, they may be required to deposit money up front with the landlord. Often, the maximum amount of the security deposit is two months’ rent; however it may also be less depending upon the situation. The Pennsylvania Landlord and Tenant Act govern the circumstances under which a landlord must return a security deposit. If the landlord fails to comply with these guidelines, then the landlord is subject to holding the duty of returning the security deposit or a portion of the security deposit within the timeframe set by the Pennsylvania statute. If the landlord fails to comply the tenant may have a valid defense to any subsequent eviction proceeding. 68 P.S. ยง250.512.
Starting a Case in Landlord-Tenant Court in Philadelphia
Filing a Case in Philadelphia Landlord-Tenant Court is an easy process, as all Landlord-Tenant cases must be filed in the Municipal Court of Philadelphia County. There are three different divisions that fall under the Municipal Court’s Landlord-Tenant Division: Commercial Housing, Residential Housing/Commercial Leases and Rent Court.
Residential Housing/Commercial Leases is the division that we normally practice in. This is where the Landlord-Tenant cases are filed that deals with a "residential lease" where there is one landlords and one tenant. Rent Court is for the collection of Rent and the judgment amount given only allows the landlord to collect the overdue Rent. Commercial Housing is the division where those cases involving foreclosed properties are filed as well as any other cases involving commercial or consolidated leases.
If you are a Landlord filing a case, you should go to the Rent Court section of the Municipal Court. You will fill out an Affidavit of Default form. You will also need to make sure that you have the address for the properties being sued.
It may be in your best interest to ask your landlord-tenant attorney to file the case for you. This is because the lawyer can file the case for you even if you are filing it during the first of the month. As each case is filed by a lawyer, an automatic Order is entered giving you an $18.00 judgment against the tenant for the amount of Rent you are suing for. However, it is important that you understand that the judgment is not good against the tenant and the attorney will have to go to a future hearing seeking collection of the judgment. The future hearing is even more difficult than presenting a future Rent Court hearing.
If you are a tenant, you can also file the case yourself. You typically do not need an attorney, but speaking with an attorney just to prepare is always suggested. In order to file the case you are first required to provide sufficient evidence that the Rent is being overcharged. Then, you may file a Non-payment of Rent case and pay the filing fee. You will have the burden of proving to the Rent Court Judge that your rent is overcharged. It is very difficult to prove this without at least a lawyer being present to argue your case. Your prior rent payments are part of the equation, so you must have a method showing your rent payment history or the Judge will dismiss your case. A suggestion when bringing problems to the Rent Court is to create a chart showing the history of the problems dating back to when the problem started. Different Rent Court judges require different things, so sometimes a chart is all that you will need, while other judges may want you to obtain photographs of the problem. A chart along with pictures is the best way to go, so always consider going this route.
Process of a Court Hearing
Landlord-Tenant hearings for both summary possession cases and residential lockout cases in the Philadelphia Court of Common Pleas are typically conducted in a room containing 20-30 benches (the largest courtroom for landlord-tenant matters in the city) as well as a jury box. While the Court’s dockets are sometimes delayed, in the off chance that you find yourself in this courtroom sitting on a bench between 20 of your soon-to-be former tenants, take comfort in knowing that the people around you are sharing the same unfortunate situation.
Many people are under the impression that, at a hearing, the Judge will decide what is "fair" or "equitable." While Judges are commanded to render "fair and equitable" verdicts, the ability of Judges to inject their opinions is limited. The hearing is intended to determine whether the tenant or the tenant’s guests breached the lease or the tenant violated the law. Therefore, each side has an opportunity to present evidence in support of their claim. Evidence can be written, oral, documentary, or photographic. An individual may also testify on his or her own behalf. All parties are permitted an opportunity to cross-examine witnesses. There is no discovery prior to a landlord-tenant hearing; therefore, there is no requirement to disclose the evidence that will be presented until the trial.
The hearing itself is a very simple process. The Judge generally begins by hearing the claim between the landlord and the tenant . For example, if the action is for non-payment of rent, the Judge will ask the landlord questions regarding the agreement that entitles him to seek possession of the property, such as whether there was a legal lease in place, whether the rent was due and owing, etc. Most statements made by the landlord will elicit a response from the tenant. Usually, the Judge then hears testimony from the tenant.
If the matter being heard is a non-payment of rent claim, the Judge usually will ask the tenant the reason why he or she has failed to pay rent. The Judge will then usually want to know other relevant information, such as when the tenant entered into the lease, the monthly rental amount, whether a security deposit was paid, whether the tenant is seeking public assistance to pay the rent, or whether the tenant intends to pay the rent in the immediate future. Each of these questions will open the door to other testimony from the tenant.
The presentation of witness testimony generally takes 10 – 15 minutes, unless there are numerous witnesses or exhibits. After the witnesses testify, the court will allow cross-examination by opposing counsel or self-represented litigants. After cross-examination, the Judge will give the landlord and tenant an opportunity to make closing statements. In summary fashion, each litigant will state the key points made during the testimony. After closing statements, the Judge will render a decision, either on the record at the hearing or by mail within a week.
Representation in a Hearing
As with many civil actions in the Philadelphia Court of Common Pleas, it is not required that an individual have a lawyer in order to satisfy their obligations in Landlord-Tenant Court. However, it is strongly encouraged that an individual have legal representation, if possible.
There are a number of resources available for both landlords and tenants to connect with lawyers or legal professionals for help in navigating a landlord-tenant dispute. HomeForward (formerly known as Philadelphia Legal Assistance) offers a number of resources for landlords and tenants including brochures, court documents, videos in FAQs for general questions regarding landlord-tenant law, legal aid resource lists, and information for programs and initiatives that provide representation and assistance for tenants seeking help in navigating the system. They also have a wide range of resources for landlords seeking professional assistance with their cases in Landlord-Tenant Court. Neighborhood Legal Services provides free legal services to low-income individuals who live in Northeast Philadelphia (from Roosevelt Blvd. and Adams Ave. to the state border). They are able to assist with tenant issues in the Philadelphia Municipal Court; domestic violence; consumer and debt issues; employment problems; and housing issues for those 60 or older. Community Legal Services is designed for households in which one or more members receives subsidized housing through HUD, housing authority, housing development etc. They will assist low-income households with eviction defense, tenant organizing, and code enforcement to ensure that families are safe in their homes. The Philadelphia Bar Association offers a legal referral service for persons seeking to hire a private attorney. This service screens attorneys based on their areas of practice and selects an attorney for a half-hour consultation for a nominal fee.
Appeals and After the Judgment
An eviction action may be appealed pursuant to Rule 1007.2 of the Philadelphia Civil Rules for Landlord-Tenant Court, which references Rules 1007 and 1007.1 of the Pennsylvania Rules of Civil Procedure. If a party wants the right to appeal from one of three specified judgments, the complaint and summons must include a notice advising the tenant of its right to appeal. Notice of appeal must be filed within 30 days of the judgment to be appealed , along with the appropriate filing fee. If a party intends to file in forma pauperis due to an inability to pay the filing fee they are required to file an affidavit stating as such. All appeal filed by a landlord from a judgment awarding possession to a tenant shall be accompanied by an affidavit executed by the landlord or other person having personal knowledge of the facts recited therein, to include a statement that, following entry of judgment, the tenant has not paid all past due rent in full. In Landlord-Tenant Court, an appeal filed without compliance with Rule 1007.2(f) is considered a limited appeal. A limited appeal stays execution of a writ of possession for 20 days after it has been issued and may subject the appealing party to penalties under Rule 1008.2(c). Personal jurisdiction may be contested in limited appeal.