 EVICTION APPEAL (by GKARL [PA]) Aug 26, 2014 3:56 PM
 EVICTION APPEAL (by Ed [PA]) Aug 26, 2014 4:16 PM
EVICTION APPEAL (by Paulio [PA]) Aug 26, 2014 4:24 PM
EVICTION APPEAL (by GKARL [PA]) Aug 26, 2014 4:48 PM
EVICTION APPEAL (by GKARL [PA]) Aug 26, 2014 4:55 PM
EVICTION APPEAL (by Vee [OH]) Aug 26, 2014 5:41 PM
EVICTION APPEAL (by GKARL [PA]) Aug 26, 2014 6:02 PM
EVICTION APPEAL (by Nicole [PA]) Aug 26, 2014 6:24 PM
EVICTION APPEAL (by GKARL [PA]) Aug 26, 2014 7:00 PM
EVICTION APPEAL (by Paulio [PA]) Aug 27, 2014 4:04 AM
EVICTION APPEAL (by Nicole [PA]) Aug 27, 2014 4:18 AM
EVICTION APPEAL (by BRAD 20,000 [IN]) Aug 27, 2014 8:06 AM
EVICTION APPEAL (by GKARL [PA]) Posted on: Aug 26, 2014 3:56 PM
Message:
State Specific Question About: PENNSYLVANIA (PA)
Had an eviction hearing today which awarded me a money judgment and possession in 10 days if the tenant doesn't pay. Tenant has indicated they want to appeal. They have no basis to appeal, but this is simply a delaying tactic to stall off the inevitable. Here's the fact situation:
Judgment Amount Granted:
August Rent 150
Late Fees 150
Filing Fees 158
Repairs 750
-------
Total $ 1208
September rent is coming due on the first in the amount of $ 750.00. Lease is m2m and in anticipation of either an appeal or the tenant paying the judgment, I gave a 30 day notice of termination.
As I understand it, an appeal requires that the tenant pay the full money judgment except where they claim they're indigent. Tenant may attempt to claim that his income is below the poverty line. If he's successful, he has to pay 1/3 of any rent due the month he files and the remaining 2/3's in 20 days. Further, it's my understanding that all currently accruing rent has to be paid as well. Here are my questions:
1) Assuming the tenant files the appeal in August and claims he indigent, does the full amount of the judgment constitute "rent" or just the amount included in the judgment for August rent ($ 150.00). In other words, what does he pay 1/3rd of? Also, does he definitely have to pay the September rent also?
2) Assuming the tenant files in September, does the 1/3rd and 2/3'rds only apply to the September rent? Is the judgment amount held in limbo?
The tenant has no money and if he has to pay the judgment or the September rent, that defeats the purpose of his delaying tactics. Also, he's still going to get the boot come October 1 if he's a holdover.
--207.172.xx.x |
EVICTION APPEAL (by Ed [PA]) Posted on: Aug 26, 2014 4:16 PM
Message:
As I understand the law the tenant is required to put up the amount of the judgement to appeal however not all magistrates follow the law requiring it. Tenants will always threaten but seldom follow through. Until you get an official notice from the court (don't fall for a lawyer letter) just follow eviction steps. --96.236.xxx.xxx |
EVICTION APPEAL (by Paulio [PA]) Posted on: Aug 26, 2014 4:24 PM
Message:
I had a case very similar to this. All of what you say may be true as to what's SUPPOSED to happen, but all I can tell you is that none of that happened in my case. A hearing was held to determine whether he is indigent or not. I, the LL, was not invited to that hearing. It was just the tenant, his free legal aid lawyer, and the judge. So naturally he was deemed indigent. After that, my case sat and sat and sat scheduled on the docket. The tenant never paid anything and neither he nor the court were in any hurry to resolve anything, only me. Finally....9 months later...we filed a motion asking that if nothing is going to happen, would the court please lift the stay of possession. They did. Then the tenant and his kid were busted for drugs right at the very end, so they just slithered away and I never saw a dime. I hope your county is better than mine. Mine is idiotic. --50.32.xxx.xxx |
EVICTION APPEAL (by GKARL [PA]) Posted on: Aug 26, 2014 4:48 PM
Message:
Paulio, that's highly disturbing. 9 months? That's ridiculous. If he files, I'm going get a lawyer on this immediately. I'm thinking my situation may be different though with the m2m as I gave 30 day notice today. I'm thinking if he holds over, I'll go back to court again and evict on that basis. You're supposed to be able to kill the appeal if he doesn't pay into the escrow at the proper time.
Ed---yeah he may be blowing smoke. I know he has no money and if he has to pay anything, the purpose of filing the appeal is defeated. --207.172.xx.x |
EVICTION APPEAL (by GKARL [PA]) Posted on: Aug 26, 2014 4:55 PM
Message:
Paulio---what prevented you from filing a motion because he didn't pay the rent into escrow? Why did you have to wait that long? --207.172.xx.x |
EVICTION APPEAL (by Vee [OH]) Posted on: Aug 26, 2014 5:41 PM
Message:
I am wondering about the escrow also, this is showing the court the tenant is capable but there is a mechanical issue to resolve before the rent is released to the owner. --75.94.xxx.xxx |
EVICTION APPEAL (by GKARL [PA]) Posted on: Aug 26, 2014 6:02 PM
Message:
The way I read it, the whole purpose of the appeal is to deal with the eviction and not to let the tenant run up additional free rent. If allow them to do that, why even have a LL/Tenant action to begin with? A delay in the hearing is far more palatable is the tenant is paying the current rent into escrow. --207.172.xx.x |
EVICTION APPEAL (by Nicole [PA]) Posted on: Aug 26, 2014 6:24 PM
Message:
I wouldn't waste one minute thinking about it. The probability of the tenant appealing is slim to basically none.
Be at the magistrte's on the 8th at 8:30 a.m. and file for possession.
If you receive a notice of appeal, get to your lawyer right away. I've NEVER, in 30+ years of being a landlord had a tenant appeal. --174.55.xxx.xxx |
EVICTION APPEAL (by GKARL [PA]) Posted on: Aug 26, 2014 7:00 PM
Message:
Nicole, noted. I have a real desperado here though. He's claiming he's going to be homeless and is willing to try anything to skate by a few more months. He may be in for a wake up call once he finds out that he's gotta cough up some money though.
This fool got in court today and tried to ask the judge to give him a couple of months to save money to find another apartment. That was after giving the judge a letter saying his daughter had some mental health issue which I exacerbated by asking his wife when the rent was going to be paid. Finally, when speaking with the wife today, she wanted to know if I give her a good reference for her next LL. Yes, they're nuts. --172.56.xx.xxx |
EVICTION APPEAL (by Paulio [PA]) Posted on: Aug 27, 2014 4:04 AM
Message:
Honestly, I think a lot of my trouble was just poor luck of the draw with the judge that got the case. Keep in mind, this wasn't the magistrate. This was Common Pleas. I got the biggest bleeding heart on the bench. I do believe had I gotten another judge it probably would have moved a lot faster. I'm sure you'll do better. I was just throwing that out there as a cautionary tale. --50.32.xxx.xxx |
EVICTION APPEAL (by Nicole [PA]) Posted on: Aug 27, 2014 4:18 AM
Message:
Paulio, are you in the Philadelphia area? Seems they have their own little fifedom down there.
GKarl, unfortunately for your deadbeats, medical issues and being homeless aren't defenses in Pennsylvania as they seem to be in other states. --174.55.xxx.xxx |
EVICTION APPEAL (by BRAD 20,000 [IN]) Posted on: Aug 27, 2014 8:06 AM
Message:
GKARL,
Your court system is different than mine so I cannot comment on specifics.
I'll encourage you to stay with the program. Many of these arguers simply disappear.
My suggestion: Gotta know YOUR judge.
-Easiest is to observe other cases. It's free and the judges like it. They remember you as a conscientious LL.
-Invite your judge to speak at your assoc meeting. Most judges love to hear themselves talk and you will learn TONS! Ask "How can a LL help the court when we present a case?"
--67.175.xx.xxx |
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