Glasgow, KY asked in Landlord - Tenant for Pennsylvania

Q: PA Landlord not renewing/have recovery of real prop hearing soon, amt on notice 3x's $ owe. how much time after hearing

I heard i can file a superseadas to stay in prop, and I can't afford 3x's rent to file that, my income dropped from 65k to 30k if that. the prothonatary won't give instructions to fill out, nor will the court office clerks. What steps and rights do i have?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I understand you're facing a challenging situation with your landlord not renewing your lease and a pending hearing for recovery of the property. Here are some key points and suggestions:

1. Supersedeas: You mentioned filing a supersedeas to stay on the property. In PA, a supersedeas is a type of stay that prevents the enforcement of a judgment while an appeal is pending. To file a supersedeas, you typically need to post a bond, which can be up to 3 times the monthly rent. If you can't afford this, you may be able to argue against the need for a supersedeas or for a lower bond amount due to financial hardship.

2. Hearing: At the hearing, you'll have an opportunity to present your case and any defenses. Gather evidence of your drop in income, efforts to pay rent, and communications with your landlord. Stay calm and factual in your presentation.

3. Time after hearing: If the judgment is in the landlord's favor, they can file a writ of possession to have you removed, usually 10-15 days after the hearing. You may be able to delay this by appealing or negotiating with the landlord.

4. Legal aid: Contact local legal aid organizations who provide free or low-cost assistance to low-income tenants. They can advise you on forms, procedures, and your rights as a tenant.

5. Negotiation: Try to open a dialogue with your landlord to see if a payment plan or other compromise can be reached to avoid eviction, especially in light of your income reduction.

Remember, court staff usually can't give legal advice, but they should be able to provide forms and basic instructions. Be persistent in getting the information you need.

I'm sorry you're going through this stressful experience. Explore all avenues for legal and financial assistance. Wishing you the best in resolving this housing situation.

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