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Landlord Tenant Law and Due ProcessByAnthony J. Fejfar, B.A., J.D., Esq., Coif ©Copyright 2010 by Anthony J. Fejfar Under Pennsylvania Law it is illegal for a Landlord to retaliate againsta Tenant who is a member of the Allegheny Tenant’s Association. Seegenerally, 68 Pennsylvania Statute section 205.205. Also, once the Tenanthas joined the Tenant’s Association, the Landlord cannot evict the Tenantand cannot raise the Rent. In fact, there is a conclusive presumption that anynegative action by the Landlord against the Tenant is illegal retaliation bythe Landlord. C.f., Diamond vs. Diamond Housing Corp., 463 F.2d 853(1972). Also, it is totally illegal, and violates Public Policy to let a Landlord put a clause in a Lease which purports to have the Tenant waive reasonablenotice. Thus, a purported waiver of any Legal Notices or Legal Proceedings proffered by the Landlord is illegal on the Landlord’s part. C.f., In re Bell,97 B.R. 208 (Eastern District Pa. 1989). Also, any purported Confession of Judgment is unconstitutional as a violation of Substantive and ProceduralDue Process. See, Lugar vs. Edmondson Oil, Inc., 457 U.S. 922 (1982).The Landlord cannot use Self Help eviction or ejectment. In reAdams, 65 B.R. 646 (1986). Moreover, if the Landlord does use Self Help
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