Wofford v. Vavreck

22 Pa. D. & C.3d 444, 1981 Pa. Dist. & Cnty. Dec. LEXIS 206
CourtPennsylvania Court of Common Pleas, Crawford County
DecidedFebruary 19, 1981
DocketEq. 1980-28
StatusPublished
Cited by4 cases

This text of 22 Pa. D. & C.3d 444 (Wofford v. Vavreck) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Crawford County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wofford v. Vavreck, 22 Pa. D. & C.3d 444, 1981 Pa. Dist. & Cnty. Dec. LEXIS 206 (Pa. Super. Ct. 1981).

Opinion

THOMAS, P.J.,

This lawsuit comes before the court on plaintiffs’ request for injunctive relief. The sole issue for decision is whether a landlord seeking repossession of his leased premises for nonpayment of rent from an unwilling tenant must so do by legal process.1

FACTS

Plaintiffs are tenants of a mobile home community owned by defendant Cripe and managed by defendant Vavreck. Plaintiffs are currently in possession of a mobile home under the terms of a written lease agreement calling for a monthly rent of $116.2 That lease also provides inter alia, that:

[446]*446“In the event of a default by Tenant as specified above or under any of the terms of this lease, Landlord may, at his option, and without prior notice to Tenant:

(1) take immediate possession of the premises as though this lease had expired. This action shall under no circumstances be considered as an eviction of the Tenant, nor as forcible entry, nor a holding back of the premises from Tenant; Tenant forfeiting possession by such default, and/or

(2) declare this lease null and void and demand possession of the premises from Tenant, using any rights or remedies as provided by law.” (Under Default Clause — No. 30)

Plaintiffs have been in arrears on portions of their monthly rental payments since December, 1978. Because of the continual nature of the arrearages, defendant Vavreck, in September of 1980, decided to retake possession of the mobile home occupied by plaintiffs.

However, rather than pursue either the statutory remedy for repossession provided by the Landlord and Tenant Act or maintain an ejectment proceeding, defendant Vavreck undertook what is commonly known as a self-help eviction. On September 26,1980, he served plaintiffs with a document entitled “Three Day Notice of Nonpayment of Rent.” That document advised plaintiffs that they currently owed $619.24 in past rent due and late charges, demanded immediate payment and further advised them that their failure to pay would result in the commencing of “summary proceedings at law to recover possession of the mobile home.” However, instead of pursuing such a remedy at law, defendant Vavreck, on October 2, 1980, after no overdue rent was forthcoming, padlocked the door of the mobile home, terminated water and [447]*447electricity supplies and placed the following note on its door:

“We have taken possession of your apartment due to unpaid rent. You may make payment in full and arrange to pick up your property at the office during hours.”

Plaintiffs immediately brought suit, seeking both a preliminary injunction restoring them to possession of the mobile home and a permanent injunction prohibiting defendants from ever dispossessing them without resort to a proceeding at law. We granted the preliminary injunction and restored plaintiffs to the mobile home pending final disposition of this lawsuit.3

DISCUSSION

It is clear that the common law of Pennsylvania permitted a landlord to re-enter his leased dwelling for breach of a lease condition and to retake possession of it without the aid of any court of legal process: Mayer v. Chelten Avenue Building Corporation, 321 Pa. 193, 183 A. 773 (1936).

Plaintiffs, however, initially contend that the adoption of the Landlord and Tenant Act of 1951 constituted a legislative decision to abolish the common law self-help remedy and to instead make the act the exclusive vehicle by which to repossess real property. Plaintiffs weave their interpretation of legislative intent from several threads provided in the act. The Historical Note to section 250.101 [448]*448states that the Landlord and Tenant Act is: “An Act relating to the rights, obligations and liabilities of landlord and tenant and of parties dealing with them and amending, revising changing and consolidating the law relating thereto.” (Emphasis supplied.)

Next, plaintiffs point to the “General repeal” found in section 250.602 which states that: “All other acts and parts of acts, general, local and special, inconsistent with or supplied by this act, are hereby repealed. It is intended that this act shall furnish a complete and exclusive system in itself.” (Emphasis supplied.)

Finally, plaintiffs note that section 250.103, entitled “Provisions excluded from Act” does not list the remedy of self-help among those practices and procedures not modified or repealed by the act’s adoption. Accordingly, on the basis of the foregoing sections, plaintiffs conclude that the adoption of the Landlord and Tenant Act of 1951 legislated out of existence a landlord’s common law self-help repossession remedy.

To the contrary, we find no real or implied legislative intent in 1951 to abolish the landlord self-help doctrine. Close scrutiny of the Landlord and Tenant Act of 1951 reveals that when enacted, it was intended to be a codification and consolidation of four existing landlord and tenant statutes only and did not also consolidate existing principles of common law. The 1951 act indicates a desire to consolidate the four unwieldy earlier acts which were over-technical, difficult to apply and sometimes ineffective in providing the remedy intended.4 See M. [449]*449Stern, Trickett on the Law of Landlord and Tenant in Pennsylvania, (Revised Third Edition 1973), Vol. 2, page 4.

Because the concept of self-help eviction enjoyed judicial approval during the tenure of the prior landlord and tenant repossession statutes (see Overdeer v. Lewis, 1 Watts & S. 90 1841), it is unrealistic to conclude that the legislature, in 1951, when consolidating those prior acts, impliedly outlawed the use of self-help evictions in the absence of any expressed clear intent to do so. Indeed, one commentator, in reviewing the landlord’s use of the statutory provisions to recover possession contained in the 1951 act, states that: “ . . . [TJhere exists the additional remedies of ejectment and self-help. . . . The landlord may also regain possession through self-help where the lease has expired or where there is a provision in the lease which provides for a forfeiture in the case where rent is due and unpaid or where a covenant which provides for surrender of possession has been breached.” (Richardson, The Pennsylvania Landlord and Tenant Act of 1951, 13 U. Pitt L. Rev. 414 (1952).) (Emphasis supplied.)

Accordingly, we find that the legislature did not intend, in 1951, to legislate self-help evictions out of existence. We do, however, find the self-help doctrine dead for other reasons hereafter noted.

Plaintiffs, in the alternative, contend that developing case law and public policy concerns preclude a landlord in the 1980’s from resorting to self-help to dispossess his tenant. With this contention, plaintiffs have struck legal pay dirt. Although we found that self-help evictions were not legislatively revoked in 1951, we further find that the courts in [450]*450the 1970’s have effectively laid to rest the use of self-help evictions for nonpayment of rent.5

Our courts have a continual duty to reappraise old doctrines in light of the facts and values of contemporary life — particularly old common law doctrines which the courts themselves have created and developed: Pugh v. Holmes, 486 Pa. 272, 405 A. 2d 897 (1979).

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Cite This Page — Counsel Stack

Bluebook (online)
22 Pa. D. & C.3d 444, 1981 Pa. Dist. & Cnty. Dec. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wofford-v-vavreck-pactcomplcrawfo-1981.