Last year alone, more than 24,000 eviction cases were filed in Philadelphia. In these cases, 81 percent of landlords had legal representation. Approximately 8 percent of tenants were represented. Philadelphia does have statutory safeguards and processes that govern the eviction process; however, tenants must be aware of their rights and defenses in order to effectively navigate through landlord-tenant court. Because of a renewed interest in tenant rights in the city, this article will focus on the landlord-tenant process and representation of low-income individuals within landlord-tenant court.

The majority of tenants will face a landlord-tenant court action as pro se litigants. For many of these tenants, the failure to appear at the hearing results in default judgments in favor of the landlord. Education and community outreach can greatly reduce the number of default judgments, as simply advising a tenant of their rights can encourage them to participate in the process.

Generally, there are two remedies for a landlord in municipal court. The first is possession of the property, which will be explained further below. In addition to the judgment for eviction, landlords may also be seeking a money judgment against the tenant for rent, attorney fees and court costs. While a low-income individual may be “judgment proof” due to lack of income and assets, the judgment is something that will appear on their credit, may keep them from getting another apartment, or hurt them down the line in other ways because many employers now include a credit report as part of the hiring process. The first step in defense of a money judgment is ensuring that the landlord has the required documentation to rent the property. In Philadelphia, a landlord needs to have several licenses to rent the property: a Certificate of Rental Suitability, a Partner for Good Housing Handbook and, if there are children under 6 in the unit, a lead safe/lead free certificate. These documents are important as they allow a landlord to receive a judgment for any money that is owed under the lease. They also provide a defense for nonpayment of rent. Regardless of the tenant's reason for failure to pay rent, the law states that a landlord should not be awarded money for any period when they were not appropriately licensed. These licenses are not merely a mechanism to enforce appropriate damages. They serve as a safeguard put in place by the city to hold landlords accountable to housing code standards and to educate tenants about their rights. Oftentimes this information is key to a negotiated agreement or more positive outcome.