Pennsylvania Landlords: Navigating Post-Judgment Steps After MDJ Victory

Congratulations to landlords in Pennsylvania who have successfully obtained a judgment for possession from a Magisterial District Judge (MDJ). While this marks a significant milestone in the eviction process, landlords must navigate a series of strict regulations and timelines to reclaim their properties effectively. Understanding these steps is essential to avoid unnecessary delays and legal complications.

Understanding the Appeal Process

After a judgment is issued, landlords face a critical 10-day window during which tenants can appeal the decision. For judgments related to possession, tenants have 10 days to file an appeal, while those concerning monetary judgments allow a 30-day appeal period. Notably, tenants with a qualifying domestic violence certification may receive an extended timeframe. If a tenant does choose to appeal, they must also adhere to supersedeas deposit rules, which require them to deposit either three months’ rent or the amount owed at the time of the appeal.

As a landlord, it is crucial to monitor whether the required deposit has been made. If the tenant fails to comply, landlords can request the court to terminate the supersedeas, allowing the eviction to proceed.

Requesting an Order for Possession

Should no appeal be filed within the designated period, landlords cannot immediately reclaim their properties. Instead, they must file a Request for Order for Possession with the MDJ. This request can be submitted as early as the 11th day following the judgment date and no later than 120 days after. Missing this window could delay the process significantly, so timely action is paramount.

Once the court issues the Order for Possession, it will be sent to the tenant and physically served by a constable or sheriff within 48 hours. Landlords can facilitate this process by ensuring the officer has accurate access instructions and contact details.

After the Order for Possession is served, a brief waiting period of 11 days follows before the lockout can be executed. It is advisable for landlords to coordinate logistics during this time, including arranging for a locksmith and documenting the condition of the unit.

When execution day arrives, landlords must be present to oversee the process. It is important to document the property’s condition thoroughly to support any claims for damages or unpaid rent. In cases of non-payment, tenants may stop the eviction by paying all outstanding rent and costs to the officer on site.

Managing Delays and Legal Obligations

Landlords should also be aware that Orders for Possession have an expiration date and must be executed within 60 days of issuance. If additional time is needed, an Order can be reissued for another 60 days, but this request must be made promptly. Failing to adhere to these timelines can lead to complications.

Once possession is regained, landlords are required to change locks and document the condition of the unit with photographs and videos. They must also send a detailed accounting of the security deposit to the tenant within 30 days. Any unclaimed personal property left behind must be handled according to legal guidelines, including notifying the tenant of their right to retrieve it.

Given the complexities involved in the post-judgment process, consulting a real estate attorney is strongly recommended. Firms like SMGG can provide tailored legal advice, ensuring landlords navigate these steps efficiently and in compliance with Pennsylvania law.

By understanding these essential steps, landlords can protect their rights and streamline the process of regaining possession of their properties.