Section 503. Form of Complaint

A. The complaint shall be made in writing on a form which shall be prescribed by the State Court Administrator.

B. The complaint shall be signed by the plaintiff or plaintiff’s agent and verified as follows: The facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

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Signature

C. The complaint shall set forth:

(1) The names and addresses of the parties.

(2) The location and the address, if any, of the real property possession of which is sought to be recovered.

(3) That the plaintiff is the landlord of that property.

(4) That he leased or rented the property to the defendant or to some other person under whom the defendant claims.

(5) That notice to remove was given to the defendant in accordance with law, or that no notice was required under the terms of the lease.

(6) That—

(a) the term for which the property was leased or rented is fully ended, or

(b) a forfeiture has resulted by reason of a breach of the conditions of the lease, or

(c) rent reserved and due has, upon demand, remained unsatisfied.

(7) That the defendant retains the real property and refuses to give up possession of the property.

(8) The amount of rent, if any, which remains due and unpaid on the date the complaint is filed and whatever additional rent shall remain due and unpaid at the date of the hearing, and the amount of damages, if any, claimed for injury to or unjust detention of the real property.

Official Note

As in the other rules of civil procedure for magisterial district judges, the complaint will be on a printed form. As to notice to remove, the form will simply state that such a notice, when required, was given to the defendant in accordance with law. See § 501 of the Landlord and Tenant Act, 68 P. S. § 250.501, as amended by § 2(a) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53, 42 P. S. § 20002(a). In subdivision C(8) the landlord is permitted to claim, in addition to the specific amount of rent due and unpaid at the date of filing, whatever unspecified amount of rent will remain due and unpaid at the date of the hearing. As to claiming damages for injury to property, compare Pa. R.C.P. No. 1055.

See Act of January 24, 1966, P. L. (1965) 1534, § 1, as amended by Act of August 11, 1967, P. L. 204, No. 68, § 1, Act of June 11, 1968, P. L. 159, No. 89, § 2, 35 P. S. § 1700—1, which states that ‘‘no tenant shall be evicted for any reason whatsoever while rent is deposited in escrow’’ because the dwelling in question has been certified as unfit for human habitation by the appropriate city or county agency. It seems appropriate to leave the matter of evidencing or pleading such a certification or lack thereof to local court of common pleas rules.

Subdivision C and Note amended June 1, 1971, effective immediately—Ed.

The provisions of this Rule 503 amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 3875. Immediately preceding text appears at serial pages (72985) to (72987).

Notation

Explanatory Note

The amendment to subdivision c(6)(c) of Rule 503 and the note to the rule deletes the former requirement of pleading, when the action is based on failure to pay rent, that there is not on the premises property subject to distress adequate to satisfy rent in arrears. See also the amendment to Rule 582(1).