Pennsylvania Landlord/Tenant Complaint (Magisterial District Court)

LANDLORD/TENANT COMPLAINT — MEMORANDUM OF ALLEGATIONS

Filed in support of AOPC Form MDJS 310A — Pa. R.C.P.M.D.J. 503

1. CAPTION

2. PARTIES

2.1 Plaintiff (Landlord). Plaintiff [LANDLORD NAME] is ☐ an individual ☐ a sole proprietorship ☐ a Pennsylvania [LLC / corporation / partnership] with its principal place of business at [ADDRESS]. Plaintiff is the owner of record of the leased premises, OR the duly authorized agent of the owner pursuant to a written management agreement.

2.2 Defendant(s) (Tenant). Defendant [TENANT NAME] is an adult individual residing at the leased premises. Defendant [TENANT NAME] is an adult individual residing at the leased premises. The complaint is also brought against "all occupants" in possession.

2.3 Premises. The leased premises (the "Premises") are situated at:

[STREET ADDRESS, UNIT NUMBER, CITY, COUNTY, PA, ZIP]

The Premises are ☐ residential ☐ commercial ☐ mobile-home park space.

3. JURISDICTION AND VENUE

3.1 This Court has jurisdiction over this action under 42 Pa.C.S. § 1515(a)(3) (Magisterial District Judges' jurisdiction over actions for the recovery of possession of real property) and 68 P.S. § 250.503.

3.2 Venue lies in this Magisterial District because the Premises are located within it. Pa. R.C.P.M.D.J. 502(B).

4. THE LEASE

4.1 On or about [__/__/____], Plaintiff (or Plaintiff's predecessor in interest) and Defendant entered into a [☐ written ☐ oral] lease of the Premises (the "Lease"). A true and correct copy of the written Lease is attached as Exhibit A.

4.2 Term. The Lease is for a term of:

☐ Fixed term, beginning [__/__/____] and ending [__/__/____];
☐ Month-to-month;
☐ Indeterminate / other: [DESCRIBE].

4.3 Rent. Rent is $[____] per month, due on the [____] day of each month, payable to [LANDLORD/AGENT] at [ADDRESS].

4.4 Security Deposit. A security deposit of $[____] was paid on [__/__/____] and is currently held by Plaintiff in accordance with 68 P.S. § 250.511a–250.512.

5. NOTICE TO QUIT

5.1 Plaintiff served Defendant with a written notice to quit pursuant to 68 P.S. § 250.501(b) (or the Lease's notice waiver, see ¶ 5.5 below). A true and correct copy of the notice is attached as Exhibit B, and a true and correct copy of the proof of service is attached as Exhibit C.

5.2 Type of Notice. Check one:

☐ 10-Day Notice to Pay or Quit (nonpayment of rent) — § 250.501(b).
☐ 15-Day Notice (term ≤ 1 year) for breach of a lease condition — § 250.501(b).
☐ 30-Day Notice (term > 1 year) for breach of a lease condition — § 250.501(b).
☐ 15-Day Notice (term ≤ 1 year) of expiration / no-cause termination — § 250.501(b).
☐ 30-Day Notice (term > 1 year) of expiration / no-cause termination — § 250.501(b).

5.3 Date of Service. The notice was served on [__/__/____] by:

☐ Personal delivery to Tenant;
☐ Delivery to an adult member of Tenant's household;
☐ Conspicuous posting on the Premises;
☐ First-class U.S. mail;
☐ Certified U.S. mail, return receipt requested.

5.4 Expiration of Notice Period. The notice period expired on [__/__/____], and Defendant failed to pay, cure, or vacate as required.

5.5 Lease Waiver of Notice (if applicable). ☐ The Lease, at section [____], expressly waives the statutory notice-to-quit requirement of 68 P.S. § 250.501. Plaintiff alleges the waiver is conspicuous, knowingly executed, and enforceable as to this Tenancy. (For commercial leases, waiver is routinely enforced; for residential leases, courts examine the waiver's validity.)

6. GROUNDS FOR POSSESSION

6.1 Plaintiff seeks possession of the Premises on the following ground (check one):

☐ (a) Nonpayment of rent. Defendant has failed, upon demand, to pay rent reserved and due under the Lease.

☐ (b) Breach of condition of Lease. Defendant has breached one or more material conditions of the Lease, and Plaintiff has elected to declare a forfeiture.

☐ (c) Termination of term. The term of the Lease has expired, or Plaintiff has terminated a month-to-month tenancy by proper notice; Defendant retains possession without right.

6.2 Nonpayment Particulars (if applicable).

6.3 Breach Particulars (if applicable). Defendant breached the Lease as follows: [DETAILED FACTUAL ALLEGATIONS, including section of Lease, conduct, dates, and prior warnings]. Defendant failed to cure the breach within the notice period.

6.4 Holdover Particulars (if applicable). The Lease term expired on [__/__/____]. Defendant remains in possession without right and refuses to surrender the Premises.

6.5 Refusal to Surrender. Despite proper notice and the expiration of the notice period, Defendant retains possession of the Premises and refuses to surrender it to Plaintiff.

7. AMOUNTS CLAIMED

Plaintiff claims the following amounts under Pa. R.C.P.M.D.J. 503(B)(8) and 68 P.S. § 250.501 et seq.:

8. PHILADELPHIA COMPLIANCE (IF APPLICABLE)

☐ Plaintiff has provided Defendant a Notice of Diversion Rights pursuant to Phila. Code § 9-811 (copy attached as Exhibit E).

☐ Plaintiff has enrolled in the Philadelphia Eviction Diversion Program and has participated in good faith for not less than thirty (30) days. The Certificate of Participation is attached as Exhibit F.

☐ Plaintiff has good cause to terminate this tenancy under Phila. Code § 9-804, specifically: [STATE GROUND].

9. SERVICEMEMBERS CIVIL RELIEF ACT AFFIDAVIT

For each Defendant, Plaintiff states under penalty of perjury and under the Servicemembers Civil Relief Act, 50 U.S.C. § 3931:

Plaintiff's basis for each determination: [DESCRIBE — e.g., DMDC Servicemembers Civil Relief Act database search dated [__/__/____], printout attached as Exhibit G].

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendants, and that:

A. Possession of the Premises located at [ADDRESS] be awarded to Plaintiff;

B. A money judgment be entered in the amount of $[____] for unpaid rent, damages, late fees, and other amounts due under the Lease;

C. Court costs and service fees be taxed against Defendants;

D. Attorneys' fees be awarded to the extent provided by the Lease and Pennsylvania law;

E. An Order for Possession be issued under Pa. R.C.P.M.D.J. 514 if the judgment is not satisfied within ten (10) days; and

F. Such other and further relief as the Court deems just.

11. VERIFICATION

The facts set forth in this Complaint and in the attached Memorandum of Allegations are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

12. ATTORNEY/PARTY INFORMATION

13. EXHIBITS

14. NOTICE TO TENANT

TO THE TENANT(S): YOU HAVE BEEN SUED. A hearing has been scheduled in this matter on [__/__/____] at [__:__ ☐ a.m. ☐ p.m.] at [COURT ADDRESS]. You may appear and present any defenses you have. IF YOU DO NOT APPEAR, judgment may be entered against you for possession of the Premises and for costs, damages, and rent if claimed, which may result in your eviction from the Premises.

You have the right to be represented by an attorney. If you cannot afford an attorney, free or reduced-cost legal services may be available:

• PA Legal Aid Network: palawhelp.org · (800) 322-7572
• Community Legal Services of Philadelphia: (215) 981-3700
• Neighborhood Legal Services: (412) 255-6700
• MidPenn Legal Services: (800) 326-9177

15. APPEAL RIGHTS (POST-JUDGMENT)

If judgment is entered against you, you may appeal to the Court of Common Pleas of [COUNTY] County within TEN (10) DAYS of the date the judgment is entered. Pa. R.C.P.M.D.J. 1002(B). To stay execution (supersedeas), you must (a) file the notice of appeal with the prothonotary within 10 days, and (b) deposit with the prothonotary the lesser of three (3) months' rent or the rent in arrears, plus continuing monthly deposits within 30 days each thereafter. Pa. R.C.P.M.D.J. 1008. In forma pauperis relief may be available; consult an attorney or the prothonotary.

SOURCES AND REFERENCES

• 68 P.S. § 250.501 — Notice to quit.
• 68 P.S. § 250.503 — Recovery of possession.
• 68 P.S. § 250.512 — Security deposit return.
• Pa. R.C.P.M.D.J. 502, 503, 504, 505, 506, 514 — Landlord/Tenant action.
• Pa. R.C.P.M.D.J. 1002, 1008 — Appeals & supersedeas.
• Pugh v. Holmes, 486 Pa. 272 (1979).
• AOPC Form MDJS 310A — Landlord/Tenant Complaint.
• Phila. Code § 9-804 — Good Cause Eviction.
• Phila. Code § 9-811 — Eviction Diversion Program.
• 50 U.S.C. § 3931 — Servicemembers Civil Relief Act default-judgment affidavit.