Legal Packet

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COMMONWEALTH OF PENNSYLVANIA

COUNTY OF [COUNTY NAME]

MAGISTERIAL DISTRICT JUDGE NO. ___-___

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[LANDLORD FULL NAME],

Plaintiff,

v.

[TENANT FULL NAME],

Defendant.

Docket No.: MJ-___-LT-_______-20___

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DEFENDANT'S WRITTEN STATEMENT OF DEFENSES

AND REQUEST FOR DISMISSAL

RECOVERY OF REAL PROPERTY ACTION

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PHILADELPHIA TENANTS — USE DIFFERENT CAPTION (see bottom)

COMES NOW Defendant [TENANT FULL NAME], appearing pro se, and presents

the following Written Statement of Defenses in response to Plaintiff's

Complaint for Recovery of Real Property, as follows:

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PARTIES AND JURISDICTION

1. Defendant [TENANT FULL NAME] is a residential tenant at [PROPERTY ADDRESS],

[CITY], Pennsylvania [ZIP CODE].

1. Plaintiff [LANDLORD FULL NAME] is the owner or designated agent of the

subject residential rental property.

1. This Magisterial District Judge Court has jurisdiction over this action

pursuant to the Landlord and Tenant Act of 1951, 68 P.S. § 250.502,

and 42 Pa.C.S. § 1515, which grants magisterial district judges

jurisdiction over actions for recovery of real property.

1. Venue is proper in this district because the property is located within

Magisterial District No. ___-___, as required by Pa.R.C.P.M.D.J. No. 502.

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GENERAL RESPONSE

1. Defendant generally denies that Plaintiff has proven the elements required

for a judgment of possession under 68 P.S. § 250.503.

1. Defendant [ADMITS / DENIES] that rent in the amount of $[AMOUNT] per month

was due and owing.

1. Defendant [ADMITS / DENIES] receiving written notice from Plaintiff.

1. Defendant [ADMITS / DENIES] receiving a copy of the Landlord and Tenant

Complaint on this matter.

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AFFIRMATIVE DEFENSES

FIRST DEFENSE: FAILURE TO PROVIDE REQUIRED WRITTEN NOTICE

1. Under 68 P.S. § 250.501(b), a landlord seeking to recover possession

for non-payment of rent "shall specify that the tenant shall remove

within ten days from the date of the service thereof."

1. Under 68 P.S. § 250.501(b), for breach of a lease of one year or less

or an indeterminate term, notice "shall specify that the tenant shall

remove within fifteen days from the date of service thereof."

1. [CHOOSE ONE — DELETE THE OTHER]

(a) Plaintiff failed to provide Defendant with any written notice to

quit prior to filing this Complaint, as required by 68 P.S. § 250.501.

OR

(b) Plaintiff's written notice dated [DATE] provided only [X] days,

which is insufficient under 68 P.S. § 250.501(b).

1. Under Pa.R.C.P.M.D.J. No. 503(B)(5), the Complaint must allege that

"notice to remove was given to the tenant in accordance with law."

Plaintiff cannot satisfy this requirement because proper notice was

not given.

1. Defendant requests that this action be dismissed for failure to comply

with the mandatory notice requirement of 68 P.S. § 250.501.

SECOND DEFENSE: RENT HAS BEEN PAID OR TENDERED [if applicable]

1. Defendant did not fail to pay rent. Specifically:

[DESCRIBE: e.g., "Defendant paid $[AMOUNT] on [DATE] by [PAYMENT METHOD].

Proof of payment is attached as Exhibit A."]

OR

[DESCRIBE: e.g., "Defendant tendered the full amount of rent due on

[DATE] and Plaintiff refused to accept the payment."]

1. Under 68 P.S. § 250.501(a)(3), possession may be recovered only upon

"the failure of the tenant, upon demand, to satisfy any rent reserved

and due." Defendant has satisfied, or attempted to satisfy, the rent.

THIRD DEFENSE: RIGHT TO STOP WRIT BY PAYING RENT IN ARREARS

1. Under 68 P.S. § 250.503(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."

1. Defendant is prepared and able to pay the alleged rent arrears and

costs directly to the constable or sheriff at any point before

physical execution of any writ of possession.

FOURTH DEFENSE: LANDLORD REFUSED TO ACCEPT RENT [if applicable]

1. On [DATE], Defendant tendered to Plaintiff the full amount of rent

then alleged to be due, specifically $[AMOUNT].

1. Plaintiff refused to accept Defendant's tender of payment.

1. A landlord who refuses a valid tender of rent cannot then claim non-

payment as a basis for eviction.

FIFTH DEFENSE: UNINHABITABLE CONDITIONS / RENT WITHHOLDING [if applicable]

1. The premises located at [PROPERTY ADDRESS] have been certified as

unfit for human habitation by [NAME OF AGENCY] on [DATE], or

contain the following code violations that materially affect health

and safety: [DESCRIBE CONDITIONS — e.g., no heat, water damage,

pest infestation, structural hazard].

1. Under Pennsylvania's Rent Withholding Act, 35 P.S. § 1700-1, a tenant

may withhold rent when a government agency has certified a dwelling as

unfit for human habitation. Defendant withheld rent pursuant to this

authority.

1. Defendant gave Plaintiff written notice of the conditions on [DATE].

Plaintiff failed to remedy the conditions within a reasonable time.

1. Defendant's withholding of rent was legally authorized and does not

constitute non-payment sufficient to support an eviction.

SIXTH DEFENSE: RETALIATORY EVICTION [if applicable]

1. Under 68 P.S. § 250.205, "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."

1. This eviction action was filed in retaliation for Defendant's good-

faith exercise of legal rights, specifically:

[DESCRIBE: e.g., "Defendant reported housing code violations to the

city inspector's office on [DATE]"; "Defendant joined the [Name]

Tenants' Association on [DATE]"; "Defendant requested repairs in

writing on [DATE]."]

1. The timing of this eviction — filed [X] days after Defendant's

protected action — demonstrates retaliatory intent.

1. Retaliatory eviction is a defense to possession under Pennsylvania

common law. See Pugh v. Holmes, 253 Pa.Super. 76 (1978).

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CROSS-COMPLAINT UNDER Pa.R.C.P.M.D.J. No. 508 [if applicable]

Defendant hereby asserts the following cross-complaint against Plaintiff

for claims arising out of the occupancy of the premises:

SECURITY DEPOSIT — FAILURE TO RETURN WITHIN 30 DAYS

1. On [DATE] at the commencement of the tenancy, Plaintiff collected a

security deposit of $[AMOUNT] from Defendant.

1. Under 68 P.S. § 250.511.1(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."

1. Under 68 P.S. § 250.512(a), "every landlord shall within thirty days

of termination of a lease or upon surrender and acceptance of the

leasehold premises... provide a tenant with a written list of any

damages to the leasehold premises for which the landlord claims the

tenant is liable."

1. Plaintiff has [failed to return the deposit / failed to provide an

itemized damage list within 30 days / made improper deductions].

1. Under 68 P.S. § 250.512(b), "any landlord who fails to provide a

written list within thirty days as required in subsection (a)...

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."

1. Under 68 P.S. § 250.512(c), if the landlord fails to pay the

difference within 30 days, "the landlord shall be liable in assumpsit

to double the amount by which the sum deposited in escrow...

exceeds the actual damages to the leasehold premises."

1. Defendant is entitled to $[AMOUNT] (double the wrongfully withheld

security deposit of $[X]) pursuant to 68 P.S. § 250.512(c).

1. Under 68 P.S. § 250.512(d), "any attempted waiver of this section by

a tenant by contract or otherwise shall be void and unenforceable."

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PRAYER FOR RELIEF

WHEREFORE, Defendant [TENANT FULL NAME] respectfully requests that the

Magisterial District Judge:

a) DISMISS the Complaint for Recovery of Real Property and find that

Plaintiff is NOT entitled to possession of the subject premises;

b) Find that Plaintiff failed to provide proper written notice to quit

as required by 68 P.S. § 250.501;

c) Find that any alleged non-payment was justified by [Plaintiff's

refusal to accept payment / the uninhabitable condition of the

premises / Plaintiff's own breach];

d) If a cross-complaint was filed under Pa.R.C.P.M.D.J. No. 508,

enter judgment for Defendant on the cross-complaint in the amount

of $[AMOUNT];

e) Award Defendant costs of this proceeding; and

f) Grant such other and further relief as this Court deems just.

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VERIFICATION

I, [TENANT FULL NAME], verify that the statements in this Written

Statement of Defenses are true and correct to the best of my knowledge,

information, and belief. I understand that this statement is made

subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn

falsification to authorities.

Executed this ___ day of _____________, 20___.

______________________________

Signature of Defendant

[TENANT FULL NAME, printed]

[ADDRESS]

[CITY, PENNSYLVANIA, ZIP]

[PHONE NUMBER]

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FILING INSTRUCTIONS

FORMATTING REQUIREMENT (Pa.R.C.P. No. 204.1):

Every document filed with a Pennsylvania court must have a 3-inch (3") blank

top margin on the first page. Subsequent pages require a minimum 1-inch top

margin. Verify margins before filing.

CONFIDENTIAL INFORMATION FORM (Pa.R.C.P. No. 207.1 — Effective Jan. 1, 2022):

Do NOT include in this or any public court document:

• Social Security Numbers — use last 4 digits only, or submit separately on

AOPC Form 3 (Confidential Information Form)

• Financial account numbers — last 4 digits only

• Driver's license numbers — submit on AOPC Form 3

• Minor children's full dates of birth — submit on AOPC Form 3

File completed AOPC Form 3 with the Prothonotary/Clerk separately from this

filing. Download at: www.pacourts.us/forms/for-the-public

IMPORTANT: In Pennsylvania MDJ court, there is no formal pre-hearing

"Answer" filing. You appear at the hearing date on your summons and

present your defenses in person. This document is your PREPARED STATEMENT

— bring multiple copies and read from it at the hearing.

IF YOU HAVE A CROSS-COMPLAINT (claims against landlord):

File the cross-complaint BEFORE the hearing on the MDJ civil complaint

form (available at your local MDJ office or from the magisterial district

judge's staff). The MDJ will serve it on the landlord.

WHICH COURT HANDLES YOUR CASE:

■ PHILADELPHIA COUNTY ONLY:

Municipal Court of Philadelphia County

Landlord-Tenant Division

34 South 11th Street, Philadelphia, PA 19107

Phone: (215) 686-2990

Hours: Monday–Friday, 8:00 AM – 5:00 PM

Jurisdiction: Cases up to $12,000

Case number format: LT-[XXXXXX]-[YY]

CAPTION FOR PHILADELPHIA:

─────────────────────────────────────────────

MUNICIPAL COURT OF PHILADELPHIA COUNTY

LANDLORD-TENANT DIVISION

[LANDLORD], Plaintiff v. [TENANT], Defendant

Case No.: LT-_________-20___

─────────────────────────────────────────────

■ ALL OTHER COUNTIES (MDJ):

Your case is heard by the Magisterial District Judge in the district

where the property is located.

Find your MDJ: https://www.pacourts.us/courts/magisterial-district-courts

MDJ case number format: MJ-[DISTRICT NO.]-LT-[CASE NO.]-[YEAR]

MAJOR COUNTY MDJ OFFICES:

Allegheny County (Pittsburgh area):

Multiple MDJ offices — call (412) 350-4000 (County Court Admin)

to find the right district for your address.

Philadelphia County:

Use Municipal Court (see above) — NOT an MDJ court.

Montgomery County:

County Court Administration: (610) 278-3000

Delaware County:

County Court Administration: (610) 891-4380

Bucks County:

County Court Administration: (215) 348-6000

Chester County:

County Court Administration: (610) 344-6000

WHAT TO BRING TO YOUR HEARING:

□ This prepared statement (3 copies)

□ Your lease or rental agreement

□ All rent payment records (receipts, bank statements, money order

stubs, Venmo/Zelle records, text messages confirming payment)

□ Any written notices you sent the landlord about repairs

□ Any code violation notices from the city/county

□ Photos or videos of conditions at the property

□ Any text messages or emails with your landlord about the issues

□ Photo ID

□ If filing cross-complaint: $[FEE — varies by county, typically

$50–$75] for the cross-complaint filing

HEARING DEADLINE: The date on your summons is MANDATORY. If you miss

it, judgment will be entered against you by default.

AFTER THE HEARING — IF YOU LOSE:

You have 10 DAYS to appeal to the Court of Common Pleas (68 P.S. § 250.513).

You must deposit the amount of the judgment in an escrow account with

the prothonotary to stay the eviction during appeal.

Domestic violence victims: You have 30 days to appeal.

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CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I provided a copy of this Written

Statement of Defenses to Plaintiff/Landlord [NAME] by

[hand delivery / first-class mail / certified mail] at:

[LANDLORD OR ATTORNEY ADDRESS]

______________________________

[TENANT FULL NAME]

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