Defending an Eviction in Court and Filing an Appeal

Defending an Eviction in Court and Filing an Appeal

A landlord who wants to evict a tenant who has not moved in response to the landlord's eviction notice, must file an action with the District Justice. A tenant may defend or file counterclaims to the landlord's action.

WHAT IS A DISTRICT JUSTICE?

A District Justice is a locally elected official who decides some civil and criminal lawsuits including landlord/tenant matters. The District Justice used to be called a Magistrate or a Justice of the Peace.

SHOULD I ATTEND THE HEARING?

Yes, especially if you have a defense or a counterclaim to the landlord/tenant complaint. If there is a problem with the date the hearing is scheduled, you can ask that it be rescheduled. However, there is no guarantee the request will be granted. You should not assume it will be. You should be ready to proceed on the date scheduled by the District Justice.

WHAT IS A DEFENSE?
A defense is your argument about why the landlord should not be allowed to evict you or why you should not have to pay the money amount the landlord claims that you owe. You can talk about your defense at the hearing even if you did not file any papers yourself in response to the landlord’s complaint. Some common defenses are that the landlord did not give adequate notice, that the warranty of habitability was violated, or that the landlord's story is not true.

WHAT IS A CROSS-COMPLAINT?

If you have a claim against the landlord, you may file a cross-complaint at the District Justice office. At any time before the actual hearing, you may go to the District Justice office and ask to file a cross complaint. The District Justice will provide a form for you to fill out. The eviction hearing will then be postponed 15 days to give the landlord sufficient notice (at least five days) of the cross-complaint. The District Justice will mail the cross-complaint to the landlord and consider both the original complaint and the cross-complaint at the hearing. A common cross-complaint is that the tenant has made significant improvements to the property and the landlord should repay the tenant for them.

WHAT HAPPENS AT THE HEARING?
At the hearing, the landlord will usually present testimony first. Both you and the landlord can testify and present other witnesses. You and your witnesses will testify after the landlord's side of the case has been presented. The landlord will be given a chance to ask his/her witnesses some questions. The landlord also may question you and your witnesses. You may ask your witnesses and the landlord's witnesses questions. The District Justice may ask questions of all the witnesses or you or your landlord at any time.

MAY I BRING DOCUMENTS?

Yes, you should bring any documents that help prove your case. Any document important for the case must be presented at the hearing. The District Justice only considers documents presented at the hearing. Remember, most times written statements from people who do not come to the hearing to testify will not be considered by the District Justice. But, the District Justice will consider a bill, estimate, receipt, or statement of account which was made in the regular course of business.

WHAT IF SOMEONE I WANT TO BE A WITNESS DOES NOT WANT TO COME TO THE HEARING?

You have the right to get subpoenas from the District Justice. A subpoena requires a witness to come to the hearing even if he/she does not want to come. The subpoena also can require the witness to bring documents needed to prove the case. Subpoenas should be obtained and served as soon as possible to be sure that the witnesses get them in time for the hearing.

MAY I OBJECT TO SOMETHING A WITNESS IS SAYING?

Yes. The most common objections are relevancy and hearsay.

1. You can object to a statement that does not have anything to do with the case and is
therefore not relevant. Example: The landlord testifies that your father was arrested fifteen
years ago for drunk driving. That is not relevant to the eviction proceeding.

2. You can also object to hearsay. Example: A witness testifies that Joe Smith said that his
wife saw your son breaking a window. A witness can only testify to what he/she actually saw,
not what someone else said they saw.

HOW SHOULD I PREPARE FOR MY CASE?
Presenting the case is a matter of common sense. You should make a written outline or check sheet to use at the hearing. You want to be sure you ask all the questions and present all the evidence you want the District Justice to consider.

WHEN WILL THE DISTRICT JUSTICE DECIDE?

After all the testimony, the District Justice will decide the case. The District Justice may decide right in court after all the evidence is taken. If not, the District Justice must decide within 3 days and send a copy of the decision to each party.

WHAT IF I DO NOT AGREE WITH THE DISTRICT JUSTICE'S DECISION?

You have the right to appeal a decision with which you do not agree. You should consult an attorney about appealing. If you are appealing on the issue of possession of the leased premises
(whether or not you should be evicted), you must file your appeal within 10 days of the
decision. The decision date is either the day of the hearing or, if it is a written decision, the date on the written decision. If you only want to appeal a judgment for money that has been entered against you, you have 30 days from the date of the decision to appeal.

CAN I STAY IN THE LEASED PREMISES DURING MY APPEAL?

If you think the District Justice has wrongly decided that possession should be granted to your landlord (which means that you will be evicted), you can appeal to the Court of Common Pleas.

However, the appeal must be filed within 10 days. In order to be able to stay in the rented premises during the appeal, the judge or prothonotary must sign a supersedeas. A supersedeas is a kind of court order which allows for a “stay” (stop) of the eviction proceedings -- and it allows you to remain in the rented apartment or house during the time period of the appeal. In order to get a supersedeas, you must pay to the prothonotary 3 months’ rent or the rent actually in arrears as determined by the District Justice (whichever is less). This amount must be paid at the time that you file your appeal, within 10 days of the District Justice’s decision. During your appeal, you must also pay to the prothonotary your monthly rent
every 30 days in order to continue the supersedeas. If you think you want to appeal, you should contact MidPenn Legal Services or another attorney as soon as possible. You will need to have an attorney evaluate your case right away because of the short appeal deadline. In order to protect your legal rights, it is a good idea to talk with an attorney before your District Justice hearing if possible.

WHAT HAPPENS IF THERE IS NO APPEAL?

If the District Justice grants the landlord a judgment for possession by checking the box alongside the words, “Possession Granted,” you still have approximately 22 days to move. The landlord can request an Order for Possession from the District Justice on the 11th day after the judgment. Once that order is granted, the sheriff or constable will serve the order on you along with a 10 day notice to vacate. On or after the 11th day, the constable or sheriff can physically evict the tenants. However, if the Notice of Judgment you receive has a check in the box alongside the words, “Possession granted if money judgment is not satisfied by time of eviction,” then you have the right to remain in your home if you pay to the landlord, constable or sheriff the amount of money you owe, as stated both in the Notice of Judgment and on the bottom of the Order for Possession, at any time before you are actually evicted. If you don't pay this amount, you can be forcibly evicted anytime after the date
stated on the Order for Possession.

If the District Justice grants either the landlord or the tenant a money judgment, that party can go to the District Justice after 30 days and request an order for execution. The sheriff or constable will serve the order for execution and levy on the personal property of the person who owes the money. A levy means that the personal property will be listed to be sold at a sheriff's sale to satisfy the judgment.