REAL AND PERSONAL PROPERTY
CHAPTER 8 LANDLORD AND
LANDLORD AND TENANT ACT OF
ARTICLE I. PRELIMINARY
Short title: This act shall be known and may be
cited as "The Landlord and Tenant Act of 1951." §
Definitions: As used in this act-
"Abandoned mobile home" means the vacating of a mobile
home by a resident without notice to the community, together with
the nonpayment of required rent, fees, service charges and
assessments and one or more of the following:
1.The removal of most or all personal property from the mobile
2.Failure to use, maintain or return to the mobile home.
3.Cancellation of insurance covering the mobile home.
4.Termination of utility services to the mobile home.
"Justice of the peace" means district justices,
aldermen, magistrates or any other court having jurisdiction over
landlord and tenant matters, excluding a court of common pleas.
"Mobile home park" means any site, lot, field or
tract of land, privately or publicly owned or operated, upon which
three or more mobile homes occupied for dwelling or sleeping
purposes are or are intended to be located, regardless of whether or
not a charge is made for such accommodation.
"Mobile home resident" or "resident"
means an owner of a mobile home who leases or rents space in a
mobile home park. The term does not include a person who rents or
leases a mobile home.
"Mobile home space" means a plot of ground within a
mobile home park designed for the accommodation of one mobile home.
"Person" means natural persons, copartnerships,
associations, private and public corporations, authorities,
fiduciaries, the United States and any other country and their
respective governmental agencies, this Commonwealth and any other
state and their respective political subdivisions and agencies.
"Personal property" means goods and chattels,
including fixtures and buildings erected by the tenant and which he
has the right to remove, agricultural crops, whether harvested or
growing, and livestock and poultry.
"Real property" means messuages, lands, tenements,
real estate, buildings, parts thereof or any estate or interest
therein and shall include any personalty on real property which is
demised with the real property.
"Tenants' organization or association" means a
group of tenants organized for any purpose directly related to their
rights or duties as tenants. § 250.102.
Rights of persons acquiring title by descent or purchase:
Any person who acquires title to real property by descent or
purchase shall be liable to the same duties and shall have the same
rights, powers and remedies in relation to the property as the
person from whom title was acquired. § 250.104.
Subleases: Any person who is a sublessee shall
be subject to the provisions of the lease between the lessor and the
lessee. § 250.105. ARTICLE II
CREATION OF LEASES; STATUTE OF FRAUDS; MORTGAGING OF LEASEHOLDS
Leases for not more than three years: Real
property, including any personal property thereon, may be leased for
a term of not more than three years by a landlord or his agent to a
tenant or his agent, by oral or written contract or agreement.
Leases for more than three years: Real property,
including any personal property thereon, may be leased for a term of
more than three years by a landlord to a tenant or by their
respective agents lawfully authorized in writing.
Any such lease must be in writing and signed by the parties
making or creating the same, otherwise it shall have the force and
effect of a lease at will only and shall not be given any greater
force or effect either in law or equity, notwithstanding any
consideration therefor, unless the tenancy has continued for more
than one year and the landlord and tenant have recognized its
rightful existence by claiming and admitting liability for the rent,
in which case the tenancy shall become one from year to year.
Assignment, grant and surrender of leases to be in writing;
exception: No lease of any real property made or created for a
term of more than three years shall be assigned, granted or
surrendered except in writing signed by the party assigning,
granting or surrendering the same or his agent, unless such
assigning, granting or surrendering shall result from operation of
law. § 250.203.
Participation in Tenants Association: No
individual unit lease on residential property shall be terminated or
nonrenewed on the basis of the participation of any tenant or member
of the tenant's family in a tenants' organization or association.
Statement of Escrowed Funds: Whenever an agency
or department certifies that a dwelling is uninhabitable and a
tenant elects to pay rent into an escrow account established under
the act of January 24, 1966 (1965 P.L. 1534, No. 536; 35 P.S. §
1700-1), referred to as the City Rent Withholding Act, it shall be
the duty of the certifying agency or department to submit a monthly
statement of escrowed funds to the landlord affected by first class
mail. § 250.206. ARTICLE III
RECOVERY OF RENT BY ASSUMPSIT AND DISTRESS
Recovery of rent by assumpsit: Any landlord may
recover from a tenant rent in arrears in an action of assumpsit as
debts of similar amount are by law recoverable. In any such action,
interest at the legal rate on the amount of rent due may be allowed
if deemed equitable under the circumstances of the particular case.
Section 250.301. ARTICLE V. RECOVERY OF POSSESSION
Notice to Quit:
(a) A landlord desirous of repossesing real property from a
tenant except real property which is a mobile home space as defined
in the act of November 24, 1976 (P.L. 1176, No. 261), known as the
"Mobile Home Park Rights Act," may notify, in writing, the
tenant to remove from the same at the expiration of the time
specified in the notice under the following circumstances, namely,
(1) Upon the termination of a term of the tenant, (2) or upon
forfeiture of the lease for breach of its conditions, (3) or upon
the failure of the tenant, upon demand, to satisfy any rent reserved
(b) Except as provided for in subsection (c), in case of the
expiration of a term or of a forfeiture for breach of the conditions
of the lease where the lease is for any term of one year or less or
for an indeterminate time, the notice shall specify that the tenant
shall remove within fifteen days from the date of service thereof,
and when the lease is for more than one year, then within thirty
days from the date of service thereof. In case of failure of the
tenant, upon demand, to satisfy any rent reserved and due, the
notice shall specify that the tenant shall remove within ten days
date of the service thereof.
(c) In case of the expiration of a term or of a forfeiture
for breach of the conditions of the lease involving a tenant of a
mobile home park as defined in the "Mobile Home Park Rights
Act," where the lease is for any term of less than one year or
for an indeterminate time, the notice shall specify that the tenant
shall remove within thirty days from the date of service thereof,
and when the lease is for one year or more, then within three months
from the date of service thereof. In case of failure of the tenant,
upon demand, to satisfy any rent reserved and due, the notice, if
given on or after April first and before September first, shall
specify that the tenant shall remove within fifteen days from the
date of the service thereof, and if given on or after September
first and before April first, then within thirty days from the date
of the service thereof.
(c.1) The owner of a mobile home park shall not be entitled to
recovery of the mobile home space upon the termination of a lease
with a resident regardless of the term of the lease if the resident:
1.is complying with the rules of the mobile home park; and
2.is paying the rent due; and
3.desires to continue living in the mobile home park.
(c.2) The only basis for the recovery of a mobile home space by
an owner of a mobile home park shall be:
1.When a resident is legally evicted as provided under
section 3 of the "Mobile Home Park Rights Act."
2.When the owner and resident mutually agree in writing to the
termination of a lease.
3.At the expiration of a lease, if the resident determines that
he no longer desires to reside in the park and so notifies the owner
(d) In case of termination due to the provisions of section
505-A, the notice shall specify that the tenant shall remove within
ten days from the date of service thereof.
(e) The notice above provided for may be for a lesser time or
may be waived by the tenant if the lease so provides.
(f) The notice above provided for may be served personally on
the tenant, or by leaving the same at the principal building upont
he premises, or by posting the same conspicuously on the leased
premises. Section 250.501.
Summons and Service:
(a) Upon the filing of the complaint, the justice of the peace
shall issue a summons which recites substantially the complaint, is
directed to any writ server, constable or the sheriff of the county
and commands that writ server, constable or sheriff to summon the
tenant to appear before the justice of the peace to answer the
complaint on a date not less than seven nor more than ten days from
the date of the summons.
(b) The summons may be served personally on the tenant, by mail
or by posting the summons conspicuously on the leased premises.
HEARING; JUDGMENT; WRIT OF POSSESSION; PAYMENT OF RENT BY
(a) On the day and at the time appointed or on a day to which
the case may be adjourned, the justice of the peace shall proceed to
hear the case. If it appears that the complaint has been
sufficiently proven, the justice of the peace shall enter judgment
against the tenant:
1.that the real property be delivered up to the landlord;
2.for damages, if any, for the unjust detention of the demised
3.for the amount of rent, if any, which remains due and unpaid.
(b) At the request of the landlord, the justice of the peace
shall, after the fifth day after the rendition of the judgment,
issue a writ of possession directed to the writ server, constable or
sheriff, commanding him to deliver forthwith actual possession of
the real property to the landlord and to levy the costs and amount
of judgment for damages and rent, if any, on the tenant, in the same
manner as judgments and costs are levied and collected on writs of
execution. This writ is to be served within no loater than
forty-eight hours and executed on the eleventh day following service
upon the tenant of the leased premises. Service of the writ of
possession shall be served personally on the tenant by personal
service or by posting the writ conspicuously on the leased premises.
(c) At any time before any writ of possession is actually
executed, the tenant may, in any case for the recovery of possession
solely because of failure to pay rent due, supersede and render the
writ of no effect by paying to the writ server, constable or sheriff
the rent actually in arrears and the costs. § 250.503.
RETURN BY CONSTABLE OR SHERIFF: The writ server,
constable or sheriff shall make return of the writ of possession to
the justice of the peace within ten days after receiving the writ.
The return shall show:
(1) the date, time, placeand manner of service of the writ;
(2) if the writ was satisfied by the payment of rent due or in
arrears and costs by or on behalf of the tenant, the amount of that
payment and its distribution;
(3) the time and date of any forcible entry and ejectment, or
that no entry for the purpose of ejectment had been made; and
(4) his expenses and fees, which expenses and fees shall have
been paid by the tenant or, if paid by the landlord, reimbursed to
the landlord by the tenant in order to satisfy the writ. §
Abandoned Mobile Homes:
(a) If a mobile home is abandoned by its residents for a period
of thirty days or more, the owner of the mobile home park or other
person or persons responsible for operation of the park may:
1.Enter the mobile home and secure any appliances, furnishings,
materials, supplies or other personal property therein and
disconnect the mobile home from any utilities.
2.Move the mobile home to a storage area within the mobile home
park or to another location deemed necessary and proper without the
requirement of obtaining a removal permit from the local taxing
authority which would otherwise be required under section 407(e) of
the act of May 22, 1933 (P.L. 853, No. 155), known as "The
General County Assessment Law," or section 617.1 of the act of
May 21, 1943 (P.L. 571, No. 254), known as "The Fourth to
Eighth Class County Assessment Law." The mobile home shall
continue to be subject to the lien for taxes assessed against it,
but the real estate on which the home was and is located shall not
be encumbered by the lien. The former mobile home residents shall be
notified by mail and by posting on the home and at any other known
address, or by any other means by which notice may be achieved, that
the mobile home has been moved and of the new location of the mobile
3.Assess removal charges and storage charges against the former
mobile home residents.
(b) A person or persons acting as authorized under subsection
(a) are not responsible for any loss or damage to a home or its
contents or for any taxes, fees, assessments or other charges of any
kind relating to the abandoned mobile home unless it is proven that
the home removed was not an abandoned home, in which case the
community owner and his agent shall be liable for the loss incurred
by the homeowner. § 250.505.
Remedy to recover possession by ejectment preserved:
Nothing contained in this article shall be construed as
abolishing the right of any landlord to recover possession of any
real property from a tenant by action of ejectment, or from
instituting any amicable action of ejectment to recover possession
of any real property by confessing judgment in accordance with the
terms of any written contract or agreement. § 250.511.
Escrow Funds Limited:
(a) No landlord may require a sum in excess of two months' rent
to be deposited in escrow for the payment of damages to the
leasehold premises and/or default in rent thereof during the first
year of any lease.
(b) During the second and subsequent years of the lease or
during any renewal of the original lease the amount required to be
deposited may not exceed one month's rent.
(c) If, during the third or subsequent year of a lease, or
during any renewal after the expiration of two years of tenancy, the
landlord requires the one month's rent escrow provided herein, upon
termination of the lease, or on surrender and acceptance of the
leasehold premises, the escrow
funds together with interest shall be returned to the tenant in
accordance with sections 511.2 and 512.
(d) Whenever a tenant has been in possession of premises for a
period of five years or greater, any increase or increases in rent
shall not require a concomitant increase in any security deposit.
(e) This section applies only to the rental of residential
(f) Any attempted waiver of this section by a tenant by contract
or otherwise shall be void and unenforceable. § 250.511a.
Interest On Escrow Funds Held More Than Two Years:
(a) Except as otherwise provided in this section, all funds over
one hundred dollars ($100) deposited with a lessor to secure the
execution of a rental agreement on residential property in
accordance with section 511.1 and pursuant to any lease newly
executed or reexecuted after the effective date of this act shall be
deposited in an escrow account of an institution regulated by the
Federal Reserve Board, the Federal Home Loan Bank Board, Comptroller
of the Currency, or the Pennsylvania Department of Banking. When any
funds are deposited in any escrow account, interest-bearing or
noninterest-bearing, the lessor shall thereupon notify in writing
each of the tenants making any such deposit, giving the name and
address of the banking institution in which
such deposits are held, and the amount of such deposits.
(b) Whenever any money is required to be deposited in an
interest-bearing escrow savings account, in accordance with section
511.1, then the lessor shall be entitled to receive as
administrative expenses, a sum equivalent to one per cent per annum
upon the security money so deposited, which shall be in lieu of all
other administrative and custodial expenses. The balance of the
interest paid shall be the money of the tenant making the deposit
and will be paid to said tenant annually upon the anniversary date
of the commencement of his lease.
(c) The provisions of this section shall apply only after the
second anniversary of the deposit of escrow funds. §
Bond In Lieu Of Escrowing:
Every landlord subject to the provisions of this act may, in
lieu of depositing escrow funds, guarantee that any escrow funds,
less cost of necessary repairs, including interest thereon, shall be
returned to the tenant upon termination of the lease, or on
surrender and acceptance of the leasehold premises. The guarantee of
repayment of said escrow funds shall be secured by a good and
sufficient guarantee bond issued by a bonding company authorized to
do business in Pennsylvania. § 250.511c.
RECOVERY OF IMPROPERLY HELD ESCROW FUNDS:
(a) Every landlord shall within thirty days of termination of a
lease or upon surrender and acceptance of the leasehold premises,
whichever first occurs, provide a tenant with a written list of any
damages to the leasehold premises for which the landlord claims the
tenant is liable. Deliver of the list shall be accompanied by
payment of the difference between any sum deposited in escrow,
including any unpaid interest thereon, for the payment of damages to
the leasehold premises and the actual amount of damages to the
leasehold premises caused by the tenant.
Nothing in this section shall preclude the landlord from
refusing to return the escrow fund, including any unpaid interest
thereon, for nonpayment of rent or for the breach of any other
condition in the lease by the tenant.
(b) Any landlord who fails to provide a written list within
thirty days as required in subsection (a), above, shall forfeit all
rights to withhold any portion of sums held in escrow, including any
unpaid interest thereon, or to bring suit against the tenant for
damages to the leasehold premises.
(c) If the landlord fails to pay the tenant the difference
between the sum deposited, including any unpaid interest thereon,
and the actual damages to the leasehold premises caused by the
tenant within thirty days after termination of the lease or
surrender and acceptance of the leasehold premises, the landlord
shall be liable in assumpsit to double the amount by which the sum
deposited in escrow, including any unpaid interest thereon, exceeds
the actual damages to the leasehold premises caused by the tenant as
determined by any court of record or court not of record having
jurisdiction in civil actions at law. The burden of proof of actual
damages caused by the tenant to the leasehold premises shall be on
(d) Any attempted waiver of this section by a tenant by
contract or otherwise shall be void and unenforceable.
(e) Failure of the tenant to provide the landlord with his
new address in writing upon termination of the lease or upon
surrender and acceptance of the leasehold premises shall relieve the
landlord from any liability under this section.
(f) This section shall apply only to residential leaseholds
and not to commercial leaseholds. § 250.512. LANDLORD
AND TENANT ACT OF 1951
APPEAL BY TENANT TO COMMON PLEAS COURT:
(a) Every tenant who files an appeal to a court of common pleas
of a judgment of the lower court involving an action under this act
for the recovery of possession of real property or for rent due
shall deposit with the prothonotary a sum equal to the amount of
rent due as determined by the lower court. This sum representing the
rent due or in question shall be placed in a special escrow account
by the prothonotary. The prothonotary shall only dispose of these
funds by order of court.
(b) Within ten days after the rendition of judgment by a
lower court arising out of residential lease or within thirty days
after a judgment by a lower court arising out of a nonresidential
lease or a residential lease involving a victim of domestic
violence, either party may appeal to the court of common pleas, and
the appeal by the tenant shall operate as a supersedeas only if the
tenant pays in cash or bond the amount of any judgment rendered by
the lower court or is a victim of domestic violence and pays in cash
any rent which becomes due during the court of common pleas
proceedings within ten days after the date each payment is due into
an escrow account with the prothonotary or the supersedeas shall be
(c) Upon application by the landlord, the court shall release
appropriate sums from the escrow account on a continuing basis while
the appeal is pending to compensate the landlord for the tenant's
actual possession and use of the premises during the pendency of the
(d) Upon application by the tenant, the court shall release
appropriate sums from the escrow account on a continuing basis while
the appeal is pending to directly compensate those providers of
habitable services which the landlord is required to provide under
law or under the lease.
(e) As used in this section, the following words and phrases
shall have the meanings given to them int his subsection:
"Lower court." District justice, magistrate or any
other court having jurisdiction over landlord and tenant matters,
excluding a court of common pleas.
"Victim of domestic violence." A person who
has obtained a protection from abuse order against another
individual or can provide other suitable evidence as the court shall
direct. § 250.513. ARTICLE V-A
TENEMENT BUILDINGS AND MULTIPLE DWELLING PREMISES
Definitions As used in this article, the following terms
shall have the meanings ascribed to them in this section
unless the context otherwise indicates:
1."Tenement building" any house or building, or
portion thereof, which is intended or designed to be occupied or
leased for occupation, or actually occupied, as a home or residence
for three or more households living in separate apartments, and
doing their cooking upon the premises.
2."Apartment" a room or suite of two or more rooms,
occupied or leased for occupation, or intended or designed to be
occupied, as a domicile.
3."Multiple dwelling premises" any area occupied by
dwelling units, appurtenances thereto, grounds and facilities which
dwelling units are intended or designed to be occupied or leased for
occupation, or actually occupied, as individual homes or residences
for three or more households. "Multiple dwelling premises"
shall include, inter alia, mobile home parks. §250.501-A.
Landlord's duties: The retention of control of
the stairways, passages, roadways and other common facilities of a
tenement building or multiple dwelling premises places upon the
landlord, or other possessor, the duty of reasonable care for safety
in use. This responsibility of the landlord extends not alone to the
individual tenant, but also to his family, servants and employees,
business visitors, social guests, and the like. Those who enter in
the right of the tenant, even though under his mere license, make a
permissible use of the premises for which the common ways and
facilities are provided. §250.502-A.
Tenants' duties: The tenant shall comply with
all obligations imposed upon tenants by applicable provisions of all
municipal, county and Commonwealth codes, regulations, ordinances,
and statutes, and in particular, shall:
1.Not permit any person on the premises with his permission
to wilfully or wantonly destroy, deface, damage, impair, or remove
any part of the structure or dwelling unit, or the facilities,
equipment, or appurtenances thereto or used in common, nor himself
do any such thing.
2.Not permit any person on the premises with his permission
to wilfully or wantonly disturb the peaceful enjoyment of the
premises by other tenants and neighbors. §250.503-A.
The tenant shall have a right to invite to his apartment or
dwelling unit such employees, business visitors, tradesmen,
deliverymen, suppliers of goods and services, and the like as he
wishes so long as his obligations as a tenant under this article are
observed. The tenant also shall have right to invite to his
apartment or dwelling unit, for a reasonable period of time, such
social guest, family or visitors as he wishes so long as his
obligations as a tenant under this article are observed. These
rights may not be waived by any provisions of a written rental
agreement and the landlord and/or owner may not charge any fee,
service charge or additional rent to the tenant for exercising his
rights under this act.
It is the intent of this article to insure that the landlord
may in no way restrict the tenant's right to purchase goods,
services and the like from a source of the tenant's choosing and as
a consequence any provision in a written agreement attempting to
limit this right shall be void and unenforceable in the courts of
this Commonwealth. §250.504-A.
Use of illegal drugs:
(a) The following acts relating to illegal drugs shall be a
breach of condition of the lease and shall be grounds for removal of
the tenant from a single-family dwelling, apartment, multiple
dwelling premises or tenement building:
(1) The first conviction for an illegal sale, manufacture or
distribution of any drug in violation of the act of April 14, 1972 (P.L.
233, No. 64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, on a single-family dwelling or any portion of the
multiple dwelling premises or tenement;
(2) The second violation of any of the provisions of The
Controlled Substance, Drug, Device and Cosmetic Act on a
single-family dwelling or any portion of the multiple dwelling
premises or tenement.
(3) The seizure by law enforcement officials of any illegal
drugs on the leased premises in the single-family dwelling or
multiple dwelling premises or tenement.
(b) Failure to remove any tenant for violation of any of the
provisions of subsection (a) shall not act as a waiver of the
landlord's rights with regard to the same or any other tenant
relating to any subsequent acts. §250.505-A.
TENANTS RIGHTS TO CABLE TELEVISION
Definitions: As used in this article-
1."CATV system" or "cable television system"
shall include a system or facility or part thereof which consists of
a set of transmission paths and associated signal generation,
reception, amplification and control equipment which is operated or
intended to be operated to perform the service of receiving and
amplifying and distributing and redistributing signals broadcast or
transmitted by one or more television or radio stations or
information distribution service companies, including, but not
limited to, the cable communications system owner, operator or
manager itself, to subscribers. The term shall include the service
of distributing any video, audio, digital, light or audio-video
signals whether broadcast or otherwise.
2."Holding a franchise" shall include obtaining
municipal consent to or approval of the construction or operation of
a CATV system and the rendering of CATV services whether granted by
resolution, ordinance or written agreement. The term shall include a
person who has constructed and is operating a CATV system within the
public right-of-way of a municipality which, at the time of
construction and initial operation of such CATV system, did not
require that municipal consent be obtained.
3."Landlord" shall include an individual or entity
owning, controlling, leasing, operating or managing multiple
4."Multiple dwelling premises" shall include any
area occupied by dwelling units, apurtenances thereto, grounds and
facilities, which dwelling units are intended or designed to be
occupied or leased for occupation, or actually occupied, as
individual homes or residences for three or more households. The
term shall include mobile home parks.
5."Operator" shall include the operator of a CATV
system holding a franchise granted by the municipality or
municipalities in which the multiple dwelling premises to be served
is located. §250.501-B.
A landlord may not discriminate in rental or other charges
between tenants who subscribe to the services of a CATV system and
those who do not. The landlord may, however, require reasonable
compensation in exchange for a permanent taking of his property
resulting from the installation of CATV system facilities within and
upon his multiple dwelling premises, to be paid by an operator. The
compensation shall be determined in accordance with this article.
The tenant has the right to request and receive CATV services
from an operator or a landlord provided that there has been an
agreement between a landlord and an operator through the negotiation
process oulined in section 504-B or through a ruling of an
arbitrator as provided for in this article. A landlord may not
prohibit or otherwise prevent a tenant from requesting or acquiring
CATV services from an operator of the tenant's choice provided that
there has been an agreement between a landlord and an operator
through the negotiation process outlined in section 504-B or through
a ruling of an arbitrator as provided for in this article. A
landlord may not prevent an operator from entering such premises for
the purposes of constructing, reconstructing, installing, servicing
or repairing CATV system facilities or maintaining CATV services if
a tenant of a multiple dwelling premises has requested such CATV
services and if the operator complies with this article. The
operator shall retain ownership of all wiring and equipment used in
any installation or upgrade of a CATV system in multiple dwelling
premises. An operator shall not provide CATV service to an
individual dwelling unit unless permission has been given by or
received from the tenant occupying the unit. §250.503-B.
Right to render services; notices:
If a tenant of a multiple dwelling premises requests an operator
to provide CATV services and if the operator decides that it will
provide such services, the operator shall so notify the landlord in
writing within ten days after the operator decides to provide such
service. If the operator fails to provide such notice, then the
tenant's request shall be terminated. If the operator agrees to
provide said CATV services, then a forty-five day period of
negotiation between the landlord and the operator shall be
commenced. This original notice shall state as follows: "The
landlord, tenants and operators have rights granted under Article
V-B of the act of April 6, 1951 (P.L. 69, No. 20), known as 'The
Landlord and Tenant Act of 1951.'" The original notice shall be
accompanied by a proposal outlining the nature of the work to be
performed and including an offer of compensation for loss in value
of property given in exchange for the permanent installation of CATV
system facilities. The proposal also shall include a statement that
the operator is liable to the landlord for any physical damage,
shall set forth the means by which the operator will comply with the
installation requirements of the landlord pursuant to section 505-B
and shall state the time period for installation and security to be
provided. The landlord may waive his right to security at any time
in the negotiation process.
During the forty-five day period, the landlord and the
operator will attempt to reach an agreement concerning the terms
upon which CATV services shall be provided. If, within the
forty-five day period or at any time thereafter, the proposal
results in an agreement between the landlord and the operator, CATV
services shall be provided in accordance with the agreement. If, at
the end of the forty-five day period, the proposal does not result
in an agreement between the landlord and the operator, then this
article shall apply. The right of a tenant to receive CATV service
from an operator of his choice may not be delayed beyond the
forty-five day period contained in the original notice or otherwise
impaired unless the matter proceeds to arbitration or court as
provided in this article. An operator may bring a civil action to
enforce the right of CATV services installation given under this
Compensation for physical damage:
An operator shall be liable to the landlord for any physical
damage caused by the installation, operation or removal of CATV
system facilities. A landlord may require that the installation of
cable television facilities conform to such reasonable conditions as
are necessary to protect the safety, functioning and appearance of
the premises and the convenience and well-being of tenants. A
landlord may also require that the installation of cable television
facilities conforms to reasonable requirements as to the location of
main cable connections to the premises, the routing of cable lines
through the premises and the overall appearance of the finished
installation. To the extent possible, the location of the entry of a
main cable connection to the premises of public utility connections.
A second or subsequent installation of cable television facilities,
if any, shall conform to such reasonable requirements in such a way
as to minimize further physical intrusion to or through the
Compensation for loss of value:
(a) A landlord shall be entitled to just compensation from the
operator resulting from loss in value of property resulting from the
permanent installation of CATV system facilities on the premises.
(b) If a landlord believes that the loss in value of the
property exceeds the compensation contained in the proposal
accompanying the original notice or believes that the terms
involving the work to be performed contained in the proposal are
unreasonable, or both, the issue of just compensation or
reasonableness of terms shall be determined in accordance with the
1.At any time prior to the end of the forty-five day period
from the date when the landlord receives the original notice that
the operator intends to construct or install a CATV system facility
in multiple dwelling premises, the landlord shall serve upon the
operator written notice that the landlord demands a greater amount
of compensation or believes that the terms involving the work to be
performed are unreasonable.
2.If the operator is dissatisfied with the result of the
negotiations at the conclusion of the forty-five day negotiation
period, then he shall notify the landlord of the terms which the
operator believes to be unreasonable and shall accompany this notice
with a formal request for arbitration.
3.Arbitration proceedings shall be conducted in accordance
with the procedures of the American Arbitration Association or any
successor thereto. The proceedings shall be held in the county in
which the multiple dwelling premises or part thereof are located.
Requirements of this act relating to time, presumptions and
compensation for loss of value shall apply in the proceedings. The
cost of the proceedings shall be shared equally by the landlord and
the operator. The arbitration proceedings, once commenced, shall be
concluded and a written decision by the arbitrator shall be rendered
within fourteen days of commencement. Judgment upon any award may be
entered in any court having jurisdiction.
4.Within thirty days of the date of the notice of the
decision of the arbitrators, either party may appeal the decision of
the arbitrators in a court of common pleas, regarding the amount
awarded as compensation for loss of value or for physical damages to
the property. During the pendency of an appeal, the operator may not
enter the multiple dwelling premises to provide CATV services,
except as to those units that have existing CATV services. The court
shall order each party to pay one-half of the arbitration costs.
(c) In determining reasonable compensation, evidence that a
landlord has a specific alternative use for the space occupied or to
be occupied by CATV system facilities, the loss of which will result
in a monetary loss to the owner, or that installation of CATV system
facilities upon such multiple dwelling premises will otherwise
substantially interfere with the use and occupancy of such premises
to an extent which causes a decrease in the resale or rental value
thereof shall be considered. In determining the damages to any
landlord in an action under this section, compensation shall be
measured by the loss in value of the landlord's property. An amount
representing increase in value of the property occurring by reason
of the installation of CATV system facilities shall be deducted from
(d) The time periods set forth in this section may be
extended by mutual agreement between the landlord and the operator.
Venue: The court of common pleas of the county in
which the multiple dwelling premises or part thereof is located
shall have venue of all actions to enforce the provisions of this
article or to hear any appeal from the award of arbitrators or any
dispute between the parties. §250.507-B.
Nothing in this act shall preclude a landlord from offering
alternative CATV services to tenants provided that the provisions of
this article are not violated. §250.508-B.
Compliance with requirements for historical buildings:
The operator shall comply with all Federal, State or local
statutes, rules, regulations or ordinances with respect to buildings
located in historical districts. §250.509-B.
Existing CATV services protected: CATV services being
provided to tenants in multiple dwelling premises on the effective
date of this act may not be prohibited or otherwise prevented so
long as the tenant in an individual dwelling unit continues to
request such services. §250.510-B.
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