When a tenant commits a default of a commercial lease, the landlord typically has several options to obtain a judgment for possession of the leased premises and a monetary judgment for the amount owed under the lease.
The landlord must first ascertain whether the lease contains what is commonly referred to as a warrant of attorney provision. A warrant of attorney provision is one of the most powerful tools afforded to landlords in our commonwealth. Under a warrant of attorney provision, a landlord can simply file a complaint in a court of common pleas against a defaulting tenant demanding the immediate entry of a confessed judgment for possession and money. Upon the mere filing of such a complaint, the confessed judgment is then entered as of record against the defaulting tenant. The tenant then has the ability to strike or open the confessed judgment, but the landlord then holds the upper hand against the defaulting tenant.
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