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sab445 · Jun 25, 2013, 06:05 PM

I, the landlord, have to file a complaint to answer notice of appeal from tenant who received a possession judgement from district court. The property is in York PA. What should the complaint contain and should it be notarized? The action was taken in the Court of Common Pleas and they told me to go to a law library to learn what it should contain.

ScottGem · Jun 25, 2013, 06:28 PM

What are the grounds for appeal?

sab445 · Jun 25, 2013, 06:41 PM

Originally Posted by ScottGem

What are the grounds for appeal?

It does not specify exactly, they are very behind in rent (10 months). They are operating in a SUPERSEDEAS manner unable to pay. There is NO WRITTEN LEASE.

ScottGem · Jun 25, 2013, 07:35 PM

Originally Posted by sab445

It does not specify exactly, they are very behind in rent (10 months). They are operating in a SUPERSEDEAS manner unable to pay. There is NO WRITTEN LEASE.

If you were granted an eviction and they are appealing they have to provide some grounds for the appeal. If they don't then your response is that they have not paid rent for 10 months and are not entitled to stay any longer.

sab445 · Jun 25, 2013, 07:54 PM

Before I could file the Order of Possession, they filed this notice of appeal. The judgement I received the district court is for the back rent and court costs. Once I file this complain, there is another 20 day waiting period for them to respond. I'm not sure if I have to go through another court appearance or not. Since it is a new court it seems the whole process begins again.

I really appreciate your knowledge and advice. I will writing the complaint tonight so that I can file it. Any other advise would be greatly appreciated! Thanks so much...

ScottGem · Jun 26, 2013, 03:08 AM

According to the site listed below, you file for the Order of Possession after a court grants a judgment for possession. Did that happen? Or did you just sue for the rent instead of possession?

Here is the process you should have taken:
Guidelines for Pennsylvania Residential Eviction

If you did get a judgment for possession, then the appeal should include a reason for the appeal. The site also includes a copy of a complaint. But the site also advises that both parties should have an attorney at this point. Do they? If they do, you need to get representation for yourself.

AK lawyer · Jun 26, 2013, 04:33 AM

Originally Posted by ScottGem

If you were granted an eviction and they are appealing they have to provide some grounds for the appeal. ...

No, not necessarily so. Without digging into the appeal process for this specific situation, I can say that it's not always necessary to give grounds when one appeals. It will depend on the jurisdiction.

But I will say that, in this "appeal" from a very low-level tribunal, it's quite possible that the appellate court may simply hear the matter afresh.

I would look into whether a stay on appeal is automatic, or whether the tenant is required to post a supersedeas bond on appeal.

sab445 · Feb 5, 2014, 06:05 PM

The tenants were required to post a supersedeas bond paying their rent directly to the court. It is 8 months later, the judge at the Court of Common Pleas threw out their case. They released $4200 (7 month's rent) to my attorney and I was not informed. I live in a different state than the property is located in. He is charging me a total of $5500 for his work (I paid him $1500 at the beginning), however and he won't send me the check until he is the balance of $4000. Is it legal for him to hold the check from me? Is his fee reasonable? It's been almost 2 years since I collected rent from these tenants, and I have $5500 more debt and the tenants are still in my house. I have to come up with more money for fees for the prothonotary's office and the sheriff's office for eviction. Please help me.

ScottGem · Feb 5, 2014, 06:34 PM

I don't know if the fee is reasonable, you can ask for a full accounting. But yes it is reasonable to withhold the money paid from the bond.

Since the appellate court threw out the case, have you gone back to the magistrate to for an order of possession?

sab445 · Feb 5, 2014, 06:39 PM

No, he reports I have to pay fees to the prothonotary's office and sheriff's office. The original decision ordered possession if back rent was not paid.

ScottGem · Feb 6, 2014, 05:38 AM

So I would file for the writ of possession. You need to get these people out. When did the judge issue his decision to throw the case out? Why did your attorney not inform you immediately. I would ask them that question and point out to them that their delay in informing you was costing you money.

sab445 · Feb 6, 2014, 05:58 AM

The judge made the decision on November 8, 2013. They were given an additional 20 days to respond. Nothing was filed. My attorney requested release of funds on January 3, 2014 but never notified me of the response of the court. Thanks for your advice. It is much appreciated.

ScottGem · Feb 6, 2014, 06:04 AM

That means you lost at least a month of potential rent and, frankly, I would deduct that from his fee. At least demand an explanation! But again, the most important thing now is to regain possession. Next comes suing them for back rent and damages (expect there to be some).

Once this is over, you might want to watch the movie Pacific Heights http://www.imdb.com/title/tt0100318/. It should be required viewing for anyone who wants to be a landlord.