Receiving unanimous support from both chambers of the Pennsylvania General Assembly, Act No. 88 of 2024 (“Act 88”) took effect on September 15, 2024. Act 88 amended the Landlord Tenant Act of 1951, intending to establish clear guidelines to protect the rights of property owners against squatters in Pennsylvania.
As a member of KingSpry’s Affordable Housing Law, Business Law, Litigation, and Real Estate Law Practice Groups, KingSpry Partner, Karley Biggs Sebia, Esq., reviews the Act and details what it means for the rights of property owners in Pennsylvania.
Background
Sponsored by Senator Daniel Laughlin, Senate Bill No. 1236 received unanimous support in both chambers of the Pennsylvania General Assembly, receiving a 48-0 vote in the Senate and a 202-0 vote in the House of Representatives. In his memorandum, Senator Laughlin notes that he proposed Senate Bill No. 1236 to “establish more certainty for landlords, law enforcement, and homeowners who encounter squatters.”
Pennsylvania Governor Josh Shapiro approved Senate Bill No. 1236 on July 17, 2024, making it Act 88. Act 88 took effect on September 15, 2024.
Amendment to the Landlord Tenant Act of 1951
Definitions
Act 88 updated Section 1 of the Landlord Tenant Act of 1951 (the “LTA”), defining who a “tenant” is. Now, a “tenant” is defined as “a person who occupies the land or premises of another in subordination to the other’s title and with the other’s express or implied consent, including, but not limited to, oral or written leases or acceptance of rent by an owner or their agent.”
Notice to Quit
Section 501 of the LTA outlines a landlord’s “notice to quit” requirements, also known as “eviction” requirements.” Act 88 added language to this Section to provide that notice to quit or eviction requirements do not apply to “a person who is not, nor ever has been, a tenant of the real property,” i.e., a squatter.
Applicability
Finally, Act 88 amended Section 603 to clarify that the LTA “shall not apply to a person who is not, nor ever has been, a tenant.”’
Key Takeaways for Pennsylvania Landlords
Act 88 makes clear that any person who is not a tenant (i.e., a squatter) does not have the same legal protections as tenants in Pennsylvania. In effect, Act 88 also streamlines the process for removing squatters from properties. Instead of following the notice requirements under the LTA, property owners can immediately take legal action to eject squatters.
