“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 firstname.lastname@example.org
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
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.