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?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.