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I have a tenant I been try to evict December of 2017 for non…

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Hi, I have a tenant I been try to evict December of 2017 for non payment of rent. I was successful in municipal court, but to my surprise he put in an appeal and was granted it by common plea. During this time he was ordered to make payments in escrow which was only made one time for the month of March the court date was April 23, 2018. During the court hearing the judge asked me if I issued him a 30 days notice; I did back in December of 2017. The judge stated I should re-issue him another 30 day notice, as instructed I immediately issued him a 30 day notice on that day (April 23, 30018). As of today May 27, 2018, he’s still occupying my property. My question is: 1. What should I do now; 2. through what courthouse should I do it; 3. How much longer will it take to get this guy out of my house?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

The only steps I have taken is what I have so far stated

Lawyer's Assistant: Where is the house located?

Germantown Philadelphia

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That’s it

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
5/27/2018
Real Estate Lawyer: Ray, Lawyer replied 2 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,870
Experience: Texas Attorney for 30 years dealing in real estate
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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.

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Customer reply replied 2 months ago
OK thank you I’ll Patiently wait on your response
Real Estate Lawyer: Ray, Lawyer replied 2 months ago

If he has failed to pay under terms of appeal a motion to dismiss for failure to make payments would be the next step.Court might well grant such a motion here.

More about the process

Once an appeal is filed, the proceedings in Common Please Courts are de novo, which means that the result of the hearing in the Magisterial District Court is of no consequence. This places the burden on the landlord to move the case forward by filing a complaint which meets the requirements of the Rules of Civil Procedure. The notice of appeal form notifies the landlord that he has 20 days from the date of service of the appeal to file a complaint, and that the failure to do so could result in judgment against the landlord.

After the landlord files a complaint, the tenant must file a responsive pleading, usually in the form of an answer. The answer may contain “new matter” which requires a written response by the landlord. After this stage, the matter can then proceed to the discovery phase and then eventually trial—although many counties will require the matter to go through compulsory arbitration. If compulsory arbitration is required, the non-prevailing party could file an appeal of the arbitrator’s award and list the case for a trial. The entire process from appeal to trial can be time consuming and costly. It often can take six months to have the merits of the case heard by an arbitration panel or judge.

The Rules of Civil Procedure provide a guard against a tenant from filing an appeal merely as a delay tactic to being evicted. Specifically, in order for the appeal to act as a supersedeas (stop the landlord from enforcing the judgment for possession), a tenant is required to deposit with the prothonotary an amount equal to three month’s rent or the actual amount of rent in arrears, whichever amount is less. Furthermore, in order to keep the supersedeas in place during the pendency of the appeal, the tenant must pay into court the monthly rent every 30 days.

Tenants without the financial ability to pay the amounts necessary to obtain a supersedeas may make use of the indigency exceptions found in the rules. The tenant only needs to sign an affidavit indicating that he cannot afford to pay three month’s rent or the actual rent in arrears. In such a case, the tenant is only required to make a payment of one-third of the monthly rent into court at the time of filing the appeal in order to immediately obtain a supersedeas. The tenant must then pay the remaining two-thirds of rent into court within 20 days and then continue to pay the monthly rent every 30 days into court in order to keep the supersedeas in place.

If the appealing tenant fails to obtain a supersedeas, the landlord may proceed before the Magisterial District Court in enforcing the Judgment of Possession, even though the appeal is pending. Where the supersedeas was initially obtained by the tenant, but the tenant subsequently fails to make a required monthly rent payment into court, the landlord can file to terminate the supersedeas and return to the Magisterial District Court to enforce the Judgment for Possession.

If the tenant continues to make the monthly payment into court, the supersedeas stays in place and the landlord will not be able to evict the tenant until the outcome of the appeal. However, the landlord may file a motion to have the payments made into court released to him while the appeal is pending.

You really need to consider a lawyer here.It gets hard after they appeal here, the pleadings including the motion to dismiss need to be hand drafted.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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Real Estate Lawyer: Ray, Lawyer replied 2 months ago

Here are several lawyers that have free consult here, they would really help you here

https://lawyers.findlaw.com/lawyer/firm/landlord-tenant/philadelphia/pennsylvania

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Customer reply replied 2 months ago
How much will to cost me to have someone look over my paperwork and move forward. I just signed up for this member ship now it’s gone to cost me $60 to talk with an advisor. I’d much rather meet in person and take it from there.
Real Estate Lawyer: Ray, Lawyer replied 2 months ago

Please ask any follo0wup you have here.If you want to post documents you can do so and I will read and comment.

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Real Estate Lawyer: Ray, Lawyer replied 2 months ago

JA does not allow us clients offsite sorry it has to be through this forum.

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Customer reply replied 2 months ago
what exactly does this membership cover? Texting is included but phone calls are additional? All I basically need to know is what do I do next and where do I filing for the eviction.
Real Estate Lawyer: Ray, Lawyer replied 2 months ago

Motion to Dismiss in Common Pleas Court where the appeal is pending stating they have failed to pay rent as per the terms of the appeal.Get the case number, names, court off the appeal documents.

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Real Estate Lawyer: Ray, Lawyer replied 2 months ago

I am assuming you have file the complaint and its pending in the Court of Commo Pleae as set out above.This amounts to a second hearing in a higher court.A Motion to Dismiss is appropriate because they have not paid as per terms of the appeal.

Thanks for the chance to help and thanks for rating 5 stars.

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Real Estate Lawyer: Ray, Lawyer replied 2 months ago

Appeal from Landlord Tenant Court
After the hearing in Landlord Tenant Court, if the tenant did not make an agreement with the landlord, and the judge rules against the tenant, the tenant may be able to appeal the case to a higher court. In Philadelphia the higher court is the Common Pleas Court of Philadelphia. The appeal must be filed within 10 days of the judge's decision or it can never be filed. There are no extensions available if the tenant does not file within the 10 day appeal period.

The appeal prevents the tenant from being evicted, as long as all rules governing the appeal process are followed. One of the most important rules is the requirement that the tenant begin depositing all monthly rent into an escrow account with the court at the time the appeal is filed. Failure to open the escrow account, or deposit the money in full and on time, can lead to an eviction of the tenant and the eventual dismissal of the appeal. The Notice of Appeal and other documents are filed with the office of the Prothonotary of the Court of Common Pleas in Philadelphia City Hall.

Judgment and Writs of Possession
If a judge rules against the tenant, a judgment for possession is given to the landlord. This judgment does not mean the landlord is entitled to the tenant's personal property. Instead, the judgment means that possession of the space rented by the tenant will return to the landlord after an eviction or the tenant voluntarily moves out of the rented property.

After the ten (10) day appeal period has expired, the landlord may file for a Writ of Possession. The Writ will be served on the tenant or posted on the leased premises. The Writ of Possession notifies the tenant that an eviction will take place on or after 11 days from the day the Writ of Possession is served. As a result, no eviction can take place until 21 days after the court judgment- (10 day appeal period + 11 day Writ of Possession).

Eviction
After the eleven (11) days specified in the Writ of Possession have expired, the landlord must return to Court and file for an Alias Writ of Possession. A Landlord-Tenant Officer, or a Sheriff, may deliver the Alias Writ of Possession to the tenant's address. When the Alias is delivered or served, if the tenant is inside or at the leased premises, the tenant will be physically evicted from the premises. The locks will be changed and/or a padlock will be placed on the entrance to the tenant's home. The tenant may not gain access again without permission of the landlord. An Alias Writ of Possession may be served, or executed, even if the tenant is not at home at the time of the eviction. If the tenant returns home to find the Alias posted on a door or window, the tenant may not enter the property without first contacting the landlord to gain access.

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Customer reply replied 2 months ago
The judge in common plea ordered me to serve him a 30 day notice, which I did. My question to you is, what do I now do, being as though he’s still there?
Real Estate Lawyer: Ray, Lawyer replied 2 months ago

A new complaint in the higher court here and then a motion to dismiss for failure to comply and pay rent timely.The appeal should be dismissed if you do that here.

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Real Estate Lawyer: Ray, Lawyer replied 2 months ago

New complaint should be filed in Court of Common Pleas and then the motion to dismiss.

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Customer reply replied 2 months ago
Is this a live person I’m texting to, because none of my questions are directly. being answered. I issued a 30 day notice to vacate the property, the tenant is still there, what do I do now???
Real Estate Lawyer: Ray, Lawyer replied 2 months ago

So again since he filed in higher court send a new complaint.Serve him with it.
The file a motion to dismiss claiming he hasn't complied.Then the motion can be heard in court of common pleas.But this is like a do over here, you have to send a new complaint in the common pleas court, you sent new notice now file new complaint.And then a motion to dismiss.Those are your next steps.

This hasn't gone anywhere in common pleas because you did not file a new complaint here as per the instructions above.

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