246 Pa. Code § 513 - Disputes Concerning Title
A. If the
tenant declares in writing, on oath or affirmation, that the title to the real
property is disputed and claimed by some named person other than the landlord
by virtue of a right or title accruing by descent from or deed or will of the
landlord since the commencement of the lease, and if that person, whether or
not appearing before the magisterial district judge, also declares in writing,
on oath or affirmation, a true belief of entitlement to the real property, the
magisterial district judge shall stay the proceedings, provided the person
claiming title files in the court of common pleas of the county in which the
real property is located a bond, satisfactory to that court, conditioned upon
prosecuting the claim in the court of common pleas. If the claim is not
prosecuted in accordance with the conditions of the bond, the bond shall be
forfeited to the landlord and the magisterial district judge shall proceed to
judgment.
B. If the tenant declares
in writing, on oath or affirmation, that the real property is held and claimed
by the tenant as a joint tenant or tenant in common with the landlord and that
the tenant truly believes that the real property so held does not exceed in
quantity or value the just proportion of the tenant's share as a joint tenant
or tenant in common, the magisterial district judge shall stay the proceedings,
provided the tenant files in the court of common pleas of the county in which
the real property is located a bond, satisfactory to that court, conditioned
upon prosecuting the claim in the court of common pleas. If the claim is not
prosecuted in accordance with the conditions of the bond, the bond shall be
forfeited to the landlord and the magisterial district judge shall proceed to
judgment.
Notes
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