There is No Such Thing as the Right to Self-Help Eviction in Pennsylvania
Allegheny County Airport Authority (ACAA) (the “Landlord”) owns and operates the Pittsburgh Airport. Fraport (the “Tenant”) operates the retail and food and beverage concessions for the Airport through space it leases from the ACAA. The Lease Agreement contains a detailed scheme for notice of default, right to cure, event of default and lease termination procedures.
Nevertheless, one day and without notice the ACAA summarily terminated the Lease, had the Allegheny County Police escort Fraport employees from the Airport premises and took possession of the personal property and confidential files that remained in Fraport's offices. The Superior Court held that the ACAA’s actions constituted a self-help eviction, which is unlawful, and Ordered that Fraport be returned to its leased premises and restored its rights pursuant to the Lease.
Because a landlord/tenant relationship existed, ACAA, the Landlord, was required to utilize the procedures set forth in the Landlord Tenant Act of 1951 to lawfully evict Fraport, the Tenant. The Superior Court held:
The Landlord Tenant Act is a comprehensive regulatory scheme governing the landlord and tenant relationship. See Stonehedge Square Ltd. P'ship v. Movie Merchants, Inc., 552 Pa. 412, 715 A.2d 1082, 1085 (Pa. 1998). It "sets up the procedure whereby a landlord may repossess [the] premises if he has a right to evict the tenant." Warren v. City of Philadelphia, 382 Pa. 380, 115 A.2d 218, 221 (Pa. 1955). The Landlord Tenant Act states that all other inconsistent acts are repealed and that "[i]t is intended that this act shall furnish a complete and exclusive system in itself." 68 P.S. § 250.602 (emphasis added).
Fraport Pitt., Inc. v. Allegheny Cnty. Airport Auth., 296 A.3d 9, 18-19 (May 9, 2023)
Thus, the only way for ACAA to regain possession of the premises it had leased to Fraport was to file a lawsuit in Court and obtain a Court Order granting possession to ACAA, assuming it could prove proper grounds for eviction. Instead, the ACAA chose self-help eviction and even used the public police force to assist it. That is wrongful conduct. There is no such thing as a self-help eviction in Pennsylvania. All landlords, commercial and residential, must use the judicial system and obtain Orders of Court to evict tenants and regain possession of leased space.
If you are a landlord or tenant and have questions about your commercial lease or are a landlord with questions about your residential lease, do not hesitate to contact Scaringi Law at 717-657-7770.