07/12/2025
Tenant's Rights:
Did you know that pursuant to PA law, if you are a tenant and you are sued by your landlord and you want to raise a counterclaim you MUST file a counterclaim at the MDJ office and serve it on the landlord? There is no filing fee.
Often tenants will argue that a landlord violated the "implied warranty of habitability" in defense to an eviction, claiming that the rental unit was damaged in some way (no heat, for example) such that rent was not due.
The implied warranty of habitability is both a DEFENSE and a COUNTER-CLAIM and depending on how you are raising and it - and which MDJ you are in front of because some have a stricter interpretation of the rule - the MDJ may require you to file a counter-claim to raise that defense. ***If you get to the hearing and you have not filed the counter-claim it is too late.*** You can still raise it on appeal, but you may be required to post a bond to appeal.
So the bottom line is - if you think you have a defense to an eviction where you are asking that the landlord given you money or damages - it is better to raise it as a counterclaim than take your chances that the MDJ will let you argue it at the hearing without having done so.
NOTE: Implied warranty of habitability cases have strict requirements - such as providing notice and putting the money aside if you are withholding rent. Be sure to speak with an attorney if you think you have an implied warranty of habitability claim.
Here is the rule on counterlcaims:
Rule 508. Claim by Tenant.
A. At any time before the hearing, the tenant may file a cross-complaint on the form prescribed for civil complaints, asserting any claim against the landlord that arises out of the occupancy of the premises and that is within the jurisdiction of the magisterial district judge.
B. If the tenant files such a cross-complaint, the magisterial district judge shall set a time and date for the hearing of both complaints together, which shall not be less than seven or more than fifteen days from the filing of the tenant’s complaint.
C. The tenant’s cross-complaint shall be served on the landlord at least five days before the hearing. At the option of the tenant, the magisterial district judge shall serve the cross-complaint by mailing a copy of it to the landlord. If the tenant does not request service by mail, the magisterial district judge shall deliver a copy of the cross-complaint for service to the sheriff of, or any certified constable in, the county in which the office of the magisterial district judge is located. If this service is not available to the magisterial district judge, service may be made by any certified constable of the Commonwealth. The officer receiving the copy shall serve it by handing it to the landlord or to an adult person in charge for the time being of the landlord’s residence or usual place of business.
246 Pa. Code Part I, Ch 500, Rule 508
At Fresh Start Law, we represent ONLY tenants in landlord/tenant actions. We do NOT represent landlords.
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