What Pennsylvania Landlords Must Do After Winning Eviction Ruling

Winning an eviction judgment in Pennsylvania is a significant milestone for landlords, but it is just the beginning of a complex process. After obtaining a judgment for possession from a Magisterial District Judge (MDJ), landlords must navigate strict rules and timelines to regain possession of their properties. Understanding the next steps is crucial to avoid delays and legal pitfalls.

Understanding the Appeal Process

Once the MDJ issues a Notice of Judgment, which can occur immediately or within three days, landlords should not act hastily. Tenants have a window of 10 days to appeal a residential possession judgment and 30 days for a monetary judgment. If the tenant has a domestic violence certification, this appeal period may extend to 30 days for possession cases. It is essential for landlords to remain aware of these deadlines as they can vary for commercial disputes.

Filing Requests and Preparing for Possession

If no appeal is filed within the designated time, landlords must not attempt to retake possession independently. Instead, they must file a Request for Order for Possession with the MDJ. This request can be made as early as the 11th day after the judgment date and must be completed within 120 days of the judgment. Timing is critical, and landlords should carefully track these deadlines to minimize additional damages.

Upon issuance of the Order for Possession, the court sends it to the tenant by First-Class Mail and delivers it to a constable or sheriff for physical service. The officer must serve the order within 48 hours, either by handing it to the tenant or posting it conspicuously if the tenant is unavailable. Landlords can facilitate this process by confirming access details and providing accurate contact information.

After the Order for Possession is served, a short waiting period follows. The officer can execute the lockout on or after the 11th day post-service. During this time, landlords should coordinate with a locksmith and arrange logistics for documenting the property’s condition. If the tenant vacates the premises during this period, landlords should secure the property and proceed with post-move-out steps.

Executing the Eviction

On the day of eviction, landlords should be present when the officer arrives. It is important to document the condition of the unit thoroughly. In cases of nonpayment, tenants may stop the eviction by paying all outstanding rent and costs to the officer, a provision known as the pay-and-stay rule. If this occurs, landlords must promptly inform the court to avoid financial penalties.

The Order for Possession has an expiration date, requiring execution within 60 days of issuance. Landlords can request a reissuance of the order once for an additional 60-day period, but this request must be made no later than 120 days after the initial Notice of Judgment. Keeping track of these dates is essential, as any delays can jeopardize the eviction process.

Post-Eviction Obligations

Once possession is regained, landlords should change the locks, document the property’s condition with photos and videos, and secure any items left behind by the tenant. They are required to send a 30-day itemized accounting of the security deposit and return any balance owed. While landlords may apply the deposit towards unpaid rent and damages, consulting a Pennsylvania real estate attorney is advisable to navigate legal obligations correctly.

In cases where tenants leave personal property behind, landlords must notify them of their right to retrieve it. This notice should be sent via First-Class Mail to the tenant’s new address, or posted at the vacated premises if no forwarding address is available. Tenants have 10 days from the postmark date to collect their items or can request up to 30 days of storage at their expense. If no timely action is taken, landlords may dispose of the property.

Consulting Legal Experts

Given the complexities involved in post-judgment procedures, landlords are encouraged to consult with experienced legal professionals. The attorneys at SMGG offer tailored advice and assistance for landlords navigating the eviction process, ensuring that all necessary documentation is prepared and filed correctly.

Navigating the aftermath of an eviction judgment requires careful attention to detail and adherence to legal timelines. Understanding these steps can help landlords protect their interests and streamline the process of regaining possession of their properties.