Navigating Post-Judgment Steps for Pennsylvania Landlords

Landlords in Pennsylvania who have successfully obtained a judgment for possession from a Magisterial District Judge (MDJ) face a critical next phase in the eviction process. While securing this judgment is a significant achievement, several stringent rules and tight timelines dictate the subsequent steps landlords must follow to regain possession of their properties.

Understanding the Appeal Process

Following a judgment at the MDJ, landlords must be acutely aware of the appeal timelines. The judge typically issues a Notice of Judgment either on the hearing day or within three days afterward. Tenants are granted a window of 10 days to appeal a residential possession judgment. For judgments concerning only monetary claims, this period extends to 30 days. In cases where a tenant possesses a qualifying domestic-violence certification, they may receive an additional 30 days to file an appeal.

Landlords should refrain from immediate action after winning a judgment, as any tenant appeal can halt eviction proceedings. It’s essential to monitor the tenant’s compliance with the supersedeas deposit requirements, which mandate that the tenant deposit either three months’ rent or the rent amount due when filing an appeal. During the appeal process, tenants must continue to pay monthly rent every 30 days. Landlords must confirm that these deposits are made to avoid further complications.

Securing an Order for Possession

If no appeal is made within the allotted timeframe, landlords cannot simply reclaim possession. They must file a Request for Order for Possession with the MDJ. This request can be made as early as the 11th day following the judgment date, and must be submitted no later than 120 days after the judgment. Timeliness is critical, and landlords should set reminders to ensure they do not miss these deadlines.

Once the Order for Possession is issued, it will be mailed to the tenant and handed over to an officer, such as a constable or sheriff, for execution. The officer is required to serve the order within 48 hours by delivering it in person or posting it conspicuously at the property. Landlords can assist this process by providing accurate contact details and access instructions to avoid unnecessary delays.

After the order is served, landlords must wait an additional 11 days before the officer can execute the lockout. This period is an opportunity for landlords to arrange logistics, including coordinating with a locksmith and documenting the condition of the property.

On the day of execution, landlords should be present to document the condition of the premises upon re-entry. It is important to note that tenants may halt the eviction process by paying all outstanding rent and associated costs to the officer under the “pay-and-stay” rule. Landlords must notify the court if the order is satisfied to avoid any financial penalties.

Once possession is regained, landlords should immediately change the locks, document the unit’s condition, and handle any personal property left behind according to legal requirements. A 30-day itemized accounting of any security deposits must be provided to the tenant, and landlords should consult a qualified Pennsylvania real estate attorney to ensure compliance with applicable laws.

In conclusion, the process following a judgment for possession in Pennsylvania is intricate and requires careful attention to detail. Landlords are advised to seek professional legal assistance to navigate these steps effectively. The attorneys at SMGG can provide tailored advice, ensuring landlords meet all necessary requirements and avoid costly missteps.