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Creenan & Baczkowski, PC Law Blog

Friday, July 10, 2020

PA Extends Halt of Evictions to August 31, 2020

This week, Governor Wolf signed yet another Executive Order preventing residential evictions.

 

Specifically, the EO states:

 

  • Section 2: Notice Requirements of the Landlord and Tenant Act and other Acts Suspended Commencing on July 10, the notice requirements mandated by the Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act are stayed until August 31, 2020, thereby tolling the ability to commence the timelines necessary for the initiation of residential eviction proceedings. All residential eviction proceedings requiring compliance with the Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act cannot commence until August 31, 2020. All eviction timelines must be computed with a start date of August 31, 2020, at which point any previously delivered Landlord and Tenant Act of 1951 and Manufactured Home Community Rights Act notices will be deemed delivered and any eviction proceedings may commence. The eviction proceedings requiring compliance with the Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act may proceed from that point forward in the normal course of action.
  • Section 4: Scope of Order The provisions of this Order and the suspension of the Acts under this Order apply only to matters involving the nonpayment of monies as well as to those proceedings related to removal of any tenant solely because the tenant has held over or exceeded the term of a lease. The Order does not apply to suspend notice requirements relating to evictions for breaches of any other covenants. This Order does not treat nonpayment of monies during this period as forgiven and individuals are still responsible for any rent or monies owed under the terms of the mortgage or lease agreement. Further, the provisions of this Order do not apply to: the federally-backed loans for which the moratorium on foreclosures and evictions has been extended until August 31, 2020, by the VA, USDA, FHA, and FHFA, as stated above; to individuals who are situated in counties where the Courts are closed or have issued orders staying evictions or foreclosures through or after August 31, 2020; or to lenders or property owners who have agreed to participate in CARES Act relief available through Act 24 of 2020 administered by the PHFA as described above. This Order suspends eviction and foreclosure notice periods for homeowners and renters when the respective lender or property owner has not agreed to participate in the CARES Act relief available through Act 24 of 2020 administered by the PHFA as described above by August 31, 2020.

The most notable exception is where the tenant has breached the lease obligations for reasons other than non-payment of rent.

Landlords should give notice of the non-payment and create a paper trail to cover all periods covering non-payment. 

Delinquency rates are already at an all-time high for 


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