ATTENTION LANDLORDS AND TENANTS

By: Linus E. Fenicle

Prior to July 6, 1995, a landlord who secured judgment for possession of a residential premises at the District Justice, had to wait thirty days prior to proceeding to secure a writ of possession for the premises that were the subject of a residential lease. Public Law 253, No. 33, Act of July 6, 1995, changed this to require that a tenant who wishes to appeal a judgment for possession of the premises in a residential lease must file an appeal with the Court of Common Pleas within ten days from the date of the judgment. The appeal period remains thirty days after a judgment of possession for a non-residential lease or a residential lease involving a victim of domestic violence.

Furthermore, when an appeal is filed, the tenant must pay in cash or bond the amount of any judgment rendered by the District Justice. Also, the tenant must continue to pay, in cash with the Prothonotary, any rent which becomes due during the Court of Common Pleas proceeding. Landlords and tenants should be especially aware of these new rules for residential leases.

The reader is advised that the amendment provisions, particularly with respect to the tenant's obligations to pay back rent into court as a precondition to an appeal, have recently been the subject of constitutional challenge.