Eviction appeal from tenant in PA.

[Nicholas Weckstein]

Hello friends here at BP ! So I filed an eviction against a tenant. I served him the proper notice and we had our day in court. The judge ruled that the tenant is to pay me the amount owed and to leave the property. I was told In 11 days I can file for possession of the property. I plan to do so tomorrow as the tenant has not moved. Also has not paid me. He just informed me that he filed an appeal. My question is, what does that effect. Is the appeal for the monetary amount only? Or does his appeal grant him more time to squat in my apartment ? Any advice or info would be great. Thank you.

[Chris K.]

@Nicholas Weckstein

No idea if the tenant filed a proper appeal. But if he did so, then it will give him more time to squat in the apartment. Here's a short pamphlet prepared by a legal aid agency in the area from the tenant's perspective. I haven't read through the entire document, but it seems more or less accurate. 

http://www.northpennlegal.org/sites/www.northpennl...

@Dave Van Horn is correct that the tenant will need to post the rent. If the tenant's income is below a certain amount, they have extra time to do so. 

The other main problem here is that even if you can get the Court of Common Pleas to dismiss the appeal, you must take certain steps before you need to do so. More importantly, you will have 20 days from the date of the Rule to Show Cause (you'll receive it if he filed a proper appeal) to file the complaint. If you fail to do so, the tenant can ask the Court of Common Pleas to reverse the judgment of the magistrate court because you defaulted. Because of the complexity involved and the quick timing, most people hire a lawyer upon receiving an appeal notice. 

Not sure if you own this under your name or some fictional entity (e.g. LLC). If the later, note that the Court of Common Pleas most likely will not allow you to become a pro-se plaintiff. Many people screw up here so be careful with this.

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information.