Legal Question in Civil Litigation in Pennsylvania

The two suits involve different issues. Your case in Common Pleas court iyou are asking a "recission" or cancellation of the lease. The case in front of the District Justice involves eviction proceedings, probably for non-payment of rent. To the best of my knoledge, a district judge does not have the power or authority to order a recission. He can only award money damages for non-payment of rent and order an eviction. The questions are: 1) What conditions led you to file in Common Pleas Court and do they constitute a "breach" of the lease? 2) Did you stop paying rent, and if so, did you put the rent in a special (escrow account).

If you continued to pay rent, why did he file for an eviction? You can certainly use the landlord's failure to provide you with "habitable premises" as a defense to the eviction, but you will need strong evidence, such as photos, repair invoices or estimates. Further, if the premises are truly inhabitable, you should report any violations to the local municiaplity so that they can perform an inspection.

Your post asks a simple question, but clearly, more facts are necessary before any real opinion can be rendered. that is why ou should speak to a lawyer ASAP.

The best advice I can give you is to meet with a lawyer. In my opinion, no non-lawyer should bring a suit in Common Pleas court without a lawyer. the rules of civil procedure and the rules of evidence apply and must be followed. He can give you advice on sorting out the problems with 2 suits pending in 2 different courts.