Section 501. Definition

A. As used in this chapter, ‘‘action’’ means an action by a landlord against a tenant for the recovery of possession of real property brought before a magisterial district judge.

B. As used in this chapter, ‘‘complaint’’ shall include, where applicable, the attached and completed Recovery of Real Property Hearing Notice form.

Official Note

Distress for rent will not be covered in rules of civil procedure for magisterial district judges, for it is not an action or proceeding before a magisterial district judge and any constable carrying out the ‘‘landlord’s warrant’’ is acting as an agent of the landlord and not as an officer serving process of a magisterial district judge. See § 302 of the Landlord and Tenant Act of 1951, 68 P. S. § 250.302. Actions for rent (§ 301 of the Act, 68 P. S. § 250.307) are not included in this chapter, for these are actions of assumpsit. See also § 572 of the Act, added by Act of May 3, 1968, P. L. 107, No. 56, § 1, 68 P. S. § 250.512. A number of trespass actions are also detailed in the Landlord and Tenant Act of 1951 (see § § 311—313, 68 P. S. § § 250.311—250.313), and these would be brought under the rules pertaining to trespass actions. Consequently, this chapter will be concerned only with the action for the recovery of possession of real property. But see Rules 503C(8) and 508 as to joinder of actions and cross-complaints.

The provisions of this Rule 501 amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900. Immediately preceding text appears at serial page (152371).