Cal. Civ. Code § 250.503
Hearing; Judgment; Writ of Possession; Payment of Rent by Tenant
Operative Text
(a) On the day and at the time appointed or on a day to which the case may be adjourned, the justice of the peace shall proceed to hear the case. If it appears that the complaint has been sufficiently proven, the justice of the peace shall enter judgment against the tenant: (1) that the real property be delivered up to the landlord; (2) for damages, if any, for the unjust detention of the demised premises; and (3) for the amount of rent, if any, which remains due and unpaid. (b) At the request of the landlord, the justice of the peace shall, after the fifth day after the rendition of the judgment, issue a writ of possession directed to the writ server, constable or sheriff commanding him to deliver forthwith actual possession of the real property to the landlord and to levy the costs and amount of judgment for damages and rent, if any, on the tenant, in the same manner as judgments and costs are levied and collected on writs of execution. This writ is to be served within no later than forty-eight hours and executed on the eleventh day following service upon the tenant of the leased premises. Service of the writ of possession shall be served personally on the tenant by personal service or by posting the writ conspicuously on the leased premises. (c) At any time before any writ of possession is actually executed, the tenant may, in any case for the recovery of possession solely because of failure to pay rent due, supersede and render the writ of no effect by paying to the writ server, constable or sheriff the rent actually in arrears and the costs. (503 added July 6, 1995, P.L.261, No.36) Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Under 68 P.S. § 250.503, when a landlord brings an eviction complaint before a magisterial district judge (formerly called a justice of the peace) and the complaint is sufficiently proven, the judge may enter a judgment ordering the tenant to vacate, awarding damages for unlawful detention, and directing payment of any unpaid rent. After the fifth day following that judgment, the landlord may request a writ of possession, which must be served within 48 hours and executed on the eleventh day after service. However, in cases where the sole basis for eviction is unpaid rent, the tenant retains the right to stop the eviction at any point before the writ is actually carried out by paying all rent in arrears plus costs.
Plain English — not legal advice.
Under 68 P.S. § 250.503, a landlord who prevails at a hearing before a magisterial district judge may receive a judgment covering return of the property, damages for unlawful detention, and unpaid rent. Compliant operators are generally aware that a writ of possession cannot be requested until after the fifth day following judgment, and that the writ must be served within 48 hours and executed on the eleventh day after service. Landlords should also understand that in rent-only eviction cases, a tenant's full payment of arrears and costs before the writ is physically executed will render the writ void, halting the eviction process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 68 P.S. § 250.503, tenants facing eviction have the right to attend the hearing before a magisterial district judge and contest whether the complaint has been sufficiently proven. In cases where the eviction is based solely on unpaid rent, the law provides a meaningful protection: a tenant may stop the eviction entirely by paying all rent in arrears plus costs to the writ server, constable, or sheriff at any point before the writ of possession is actually executed. Tenants who receive a writ of possession may wish to consult a tenant-rights organization or legal aid office to understand the specific timelines — including the 48-hour service window and the 11-day execution period — and to explore available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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