Section 519. Forcible Entry and Delivery of Possession

A. If, on or after the sixteenth (16th) day following the service of the order for possession arising out of a nonresidential lease, the defendant or any unauthorized occupant remains on the real property, the officer executing the order for possession shall use such force as may be necessary to enter upon property, by the breaking in of any door or otherwise, and to eject the defendant and any unauthorized occupant and shall deliver possession of the real property to the plaintiff or the plaintiff’s agent.

B. If, on or after the eleventh (11th) day following the service of the order for possession in cases arising out of a residential lease, the defendant or any unauthorized occupant remains on the real property, the officer executing the order for possession shall use such force as may be necessary to enter upon the property, by the breaking in of any door or otherwise, and to eject the defendant and any unauthorized occupant and shall deliver possession of the real property to the plaintiff or the plaintiff’s agent.

C. No order for possession may be executed after 60 days following its issuance or reissuance.

Official Note

The differing lengths of notices set for nonresidential leases and residential leases are made necessary by reason of the 1995 amendment to section 513 of the Landlord and Tenant Act of 1951, 68 P. S. § 250.513. See Rule 515, Note.

The provisions of this Rule 519 amended through June 30, 1982, effective August 16, 1982, 12 Pa.B. 2266; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. 1691; amended April 5, 2002, effective July 1, 2002, 32 Pa.B. 2207. Immediately preceding text appears at serial pages (212917) to (212918).