7/22/20


“We previously alerted all of you to the exceptions in the Governor’s 
eviction moratorium. Those that inquired further received two 
documents to take to the MDJ upon filing an eviction complaint. A 
number of you have brought these documents to MDJ offices. At least 
one MDJ that was refusing to accept LT complaints is now accepting them.

The Dauphin County Chief Judge (to whom all MDJ clerks in Dauphin 
County were deferring when they refused filings) has since entered 
judgment for possession of residential property in one case.

Please contact me if you need further details. David Lanza djlaw@pa.net


As most of you have heard, last week the Governor extended the 
eviction Moratorium until August 31.

The Governor’s Order is limited. The moratorium does NOT include cases 
where the tenant has committed property damage or other non-rent 
violations. It also does not include cases where the lease waives 
notice to quit. By extension, I believe that it would not include 
cases where a landlord gave notice before the initial moratorium in 
March.

The exception for damage or nonrent violations comes directly from the 
most recent order. The exception for cases where the lease waives 
notice comes from an e-mail sent by the AG office to attorneys for 
PROA last week. PROA attorneys have a case pending right now in the PA 
Supreme Court and are in regular contact with the AG’s office about 
the scope of the Orders. If a Magisterial District Justice office 
refuses to accept ANY filings in Landlord-Tenant cases, we have 
documentation that establishes that major exceptions exist.

Landlords should (1) make sure that their lease contain a “waiver of 
notice to quit” clause.

(2) Talk to me if they need documentation before going to a DJ office 
to file for eviction. I can get you a copy of the Order with the 
exception highlighted and a copy of the e-mail from the AG to Brad 
Dornish.  If you show these documents to the clerk’s at the DJ’s 
office, you might get to file your case.

It is because of the efforts of PROA that these exceptions exist.

David Lanza
717-730-3775