Pennsylvania Landlords Must Navigate Post-Judgment Process Carefully

Pennsylvania residential landlords who have secured a judgment for possession from the Magisterial District Judge (MDJ) face a series of crucial steps before regaining control of their properties. While receiving a judgment is a significant victory, the process that follows requires careful attention to detail and strict adherence to deadlines. Landlords must be mindful of their rights and obligations to avoid unnecessary delays and legal complications.

Understanding the Appeal Process

After a judgment is issued, landlords should be aware that tenants have specific timeframes to appeal. If the MDJ delivers a ruling, it typically issues a Notice of Judgment either immediately or within three days. Tenants have a 10-day window to appeal a possession judgment, while for money-only judgments, this period extends to 30 days. Additionally, tenants with a qualifying domestic violence certification may receive an extended appeal period of an extra 30 days.

If a tenant decides to appeal, the eviction process is temporarily halted unless they adhere to supersedeas deposit requirements. This involves depositing the lesser of three months’ rent or the amount owed when filing the appeal, along with making monthly rent deposits during the appeal process. Landlords should confirm these deposits with the court and track the deposit schedule to protect their interests.

Taking Action After Judgment

In cases where no appeal is filed, landlords must act promptly by submitting a Request for Order for Possession to the MDJ. This request can be made as soon as the 11th day after the judgment date, provided no appeal has been lodged. However, landlords must submit this request within 120 days from the judgment date to avoid losing the right to regain possession.

Once the Order for Possession is issued, it will be mailed to the tenant and delivered to local law enforcement for physical service. The constable or sheriff is required to serve the order within 48 hours. Landlords can help expedite this process by ensuring that all contact information and access instructions are accurate.

Following the service of the order, there is an 11-day waiting period before an eviction can occur. During this time, landlords should prepare for the lockout by coordinating with a locksmith and documenting the property’s condition. If the tenant vacates voluntarily during this period, landlords must secure the property and follow appropriate post-eviction procedures.

On the day of execution, landlords need to be present as the constable or officer arrives. It is essential to document the condition of the property thoroughly. In nonpayment cases, tenants have the option to halt the eviction by paying all outstanding rent and associated costs, often referred to as the “pay-and-stay” rule. Landlords must inform the court if this occurs, as failure to do so could lead to financial penalties.

Managing Deadlines and Obligations

An Order for Possession is valid for 60 days from the date of issuance and may be reissued once for an additional 60 days, provided the request is made within 120 days of the original judgment. Landlords must remain vigilant about these timelines to ensure they do not miss crucial opportunities to regain possession of their properties.

Once possession is regained, landlords are responsible for changing the locks, documenting the property’s condition, and addressing any personal belongings left behind by the tenant. They must send a 30-day itemized accounting to the tenant regarding the security deposit and any deductions for unpaid rent, court costs, or damages. Consulting a real estate attorney in Pennsylvania is advisable to navigate these legal obligations effectively and avoid potential liabilities.

Local courts in Pennsylvania may have additional rules or requirements that landlords need to follow. Therefore, it is crucial to consult a qualified attorney to understand any unique circumstances that may affect the eviction process, such as local diversion programs or domestic violence situations.

The post-judgment process can be complex, but with careful planning and legal guidance, landlords can navigate these challenges efficiently. The attorneys at SMGG offer tailored advice to help landlords understand their rights and obligations, ensuring a smooth transition back to property management after a judgment.