§ 780-158. Mandatory partial eviction where affirmative defense or exemption to complete evicti...
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 780-158
§ 780-158. Mandatory partial eviction where affirmative defense or exemption to complete eviction is established
(a) General rule.--If the plaintiff has established grounds for a complete eviction but the court finds that the tenant has satisfactorily established the basis for an affirmative defense or exemption under section 7 and if the court elects not to order the complete eviction of the tenant, the court, except as otherwise provided in section 25, shall order the immediate removal from the leased residential premises of any person other than the tenant, including adult or minor members of the tenant's household, who have engaged in drug-related criminal activity on any portion of the leased residential premises. Persons removed under this section shall be permanently barred from returning to or reentering any portion of the leased residential premises. The court shall further order as an express condition of the tenancy that the tenant shall not give permission to or invite any person who has been removed under this act to return to or reenter any portion of the leased residential premises.
(b) Acknowledgment of conditional tenancy.--The tenant upon whom a partial eviction is imposed must acknowledge in writing that the tenant understands the terms of the court's order issued under subsection (a) and understands that the failure to comply with the court's order will result in the mandatory termination of the tenancy under section 6. Refusal by the tenant to acknowledge such terms as required by this subsection shall vitiate any prior finding by the court that an exemption to a complete eviction exists or that the tenant has satisfactorily established an affirmative defense.
1995, Oct. 11, P.L. 1066, No. 23 (Spec. Sess. No. 1), § 8, effective in 60 days.
35 P.S. § 780-158, PA ST 35 P.S. § 780-158
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
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