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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87500
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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When a plaintiff is granted judgment for possession of property.

Resolved Question:

When a plaintiff is granted judgment for possession of property. Can defendant file a appeal with no residential lease at prothonotary/clerk of courts?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is yes (but with caveats, see below). Even though there is no written lease in place, the Defendant may still appeal the decision of the Court by law on any ground (it is automatically assumed that a non-written lease is a month to month lease anyhow under PA law). The appeal would go to the local Court of Common Pleas.

As such, the answer is yes, they can.

However:

1) The tenant has to appeal in 10 days or their appeal right is forfeited;
2) If an appeal is filed, she will be required to post with the court the amount of rent owed OP three months rent; whichever is less. Rule 1008(B). If she does not, the authorities may force her out.

So while she can appeal, she may not be able to DO so unless she fulfills the above.

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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87500
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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