Legal Question in Landlord & Tenant Law in Pennsylvania
Eviction proceedings?
We have a tenant that we received a judgement against. The 10 days had expired and we filed for a writ of possession. The lock out is scheduled to happen in about a week. In the meantime I received via certified mail a form stating that the tenant is appealing the judgement. What do I need to do? Can the lock out proceed as planned? Or do I need to contact the common court to file my complaint against the tenant? How does the tenant's appeal affect the eviction process? As of the 10 days there was no notice that she had appealed. I received the letter today which is 5 days past when we filed writ of possession. My understanding is that the tenant files and they are supposed to pay the judgement amount or 3 months rent. I guess the main question here is what happens next? How do I get my rental unit back and her out so I can get a tenant that will pay. It seems a little more than unfair that they have a right to appeal even if they haven't paid anything.
1 Answer from Attorneys
Re: Eviction proceedings?
Your tenant would have had 30 days to appeal, not 10. If the tenant is appealing the writ of possession, then you cannot lock out. If tenant is merely appealing the judgment, then you may be able to.
You have to file a complaint with Common Pleas Court. In order to file an appeal the writ of possession with the Court, tenant would have had to pay the judgment amount or 3 months rent TO THE COURT, NOT TO YOU.
You should check to see if this was done properly.
What you need to do is to hire a lawyer.
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