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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117371
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am in the middle of a Magisterial District judge appeal. I

Customer Question

I am in the middle of a Magisterial District judge appeal. I am appealing position, as the MDJ ordered that no monies needed to be paid because Landlord has not provided a working heat source all winter. I missed my superseadas rent payment by one day and LL lawyer filed for a termination ofsuperseadas. I did not realize that it went through until I went to pay my rent on April 4th - when it was due. The prothonotary would not accept my rent monies, so I filed a request to reinstate the superseadas. I did not receive this until April 15th. The lawyer for LL filed another termination as I didn't pay my rent on the 4th. (Which I could not pay, as they had requested the superseadas be terminated.) I plan to file another petition to reinstate, however I am wondering if the LL is even able to request this since the monies were paid because HE requested that the superseadas be terminated. In addition, he filed his complaint, I filed my response to the complaint in the 20 day time frame, but the LL lawyer has not responded to my response and it has been more than 20 days.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
His lawyer does not have to respond to your answer to the LL complaint. There is a Complaint and then an Answer, the plaintiff does not have to respond to the answer if they do not want to do so.
As far as the removal of the bond based on your initial oversight, you have good cause to argue that you were one day late because of a miscalculation of the dates and once they terminated the bond and the prothonotary refuse to take payment it was impossible for you to pay, so the non-payment of rent was the fault of the LL for canceling the bond such that your payment was refused at the clerk's office.

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