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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40656
Experience:  Texas Attorney for 30 years dealing in real estate
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This is in Allegheny County, Pennsylvania. My question is we

Customer Question

This is in Allegheny County, Pennsylvania.
My question is we were awarded monetary judgment, but not possession @ arbiteation. We understand that the defendant has 30 days to appeal the decision. If an appeal is not filed when can we proceed with the eviction for non-payment of the monetary award (back rent outstanding)?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ray replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 8 months ago.


I would write the court here once the 30 days has passed and ask for the court to schedule a hearing on the eviction portion.

Here is more about the process.

After the magistrate judge enters a judgment and awards a landlord possession, the tenant has the right to file an appeal to the possession portion of the judgment within ten (10) days. After the tenth day, the tenant can still appeal the money portion of the judgment within thirty (30) days of the judgement, but the tenant can no longer appeal the award of possession. Rule 1002.

A tenant would file an appeal with the Court of Common Pleas in the county the property is located . When a tenant files an appeal, they ask the court to enter a Rule to Show Cause, which would require a landlord to file a civil complaint in the court within twenty (20) days. Rule 1004. An appeal is conducted de novo, which means a new hearing is required. Rule 1007.

When an appeal is filed by a tenant, the tenant is required to post with the court the amount of rent in arrears or three (3) months rent, whichever is less. Rule 1008(B). If rent is not posted with the court, the tenant will not be granted a supersedeas, which is a term that essentially means that the constable or sheriff cannot move forward with the actual eviction process while the appeal is pending. Furthermore, the tenant must deliver the notice of appeal to the magistrate court to be granted the suersedeas and serve a copy upon the landlord.

When a tenant fails to post rent with the court, the landlord can terminate the superseadas by filing a praecipe (“document”) with the court. Once this is done, the tenant’s appeal is terminated and the eviction process can proceed.

If the 30 days passes here and no appeal with bond then you write judge and ask for the eviction part to be scheduled for hearing.

I appreciate the chance to help you today.I wish you the best here.

Expert:  Ray replied 8 months ago.

Here in PA while judgments for damages may be appealed within 30 days, judgments for possession must be appealed within 10 days. This means that, as a practical matter, the tenant is going be appealing both possession and damages in 10 days, since there is no point in filing one appeal in 10 days and another in 30. However, if the tenant discovers that it is too late to appeal an order of possession, or if he is voluntarily relinquishing possession, he could still appeal the damages if the 30 day period has not run.So once you get the judge to rule on the judgment of possession, award it to you they only have 10 days to appeal that part.

Thanks again.

Customer: replied 8 months ago.
Already been through all of that. I'll repeat my question again:The arbitration board awarded (us) the plaintiff with a monetary award of past due rent plus court costs. The defendant was awarded possession of the property. Is the defendant to post rent in escrow like they have been doing? & what timeframe after the 30 days to appeal expires from the arbitrator's decision does the plaintiff have to pursue actual eviction if the judgment has not been paid?
Customer: replied 8 months ago.
I believe i'm going to have to hear from a R.E. attorney from Pa. specifically Allegheny County to give me an accurate answer to my question.. this is after arbitration
Expert:  Ray replied 8 months ago.

The tenant would have 30 days to appeal and would have to post bond here.After 30 days you can go back and ask for possession here.