The Pennsylvania Notice of Appeal from Tenant's Supersedes Affidavit (Non-Section 8) is a legal document filed by a tenant when appealing an eviction order of a landlord. The notice is used to inform the landlord of the tenant's intent to appeal the eviction order and request a supersedes, or stay, of the eviction. The notice must be filed within 10 days of the eviction order and must include the tenant's name, address, and the case number for the eviction case. The notice must also include the amount of rent which the tenant is offering to pay to the landlord as a supersedes. The tenant must also provide an affidavit along with the notice of appeal, which details the tenant's financial circumstances and the reasons why the tenant believes the eviction should be stayed. There are two types of Pennsylvania Notice of Appeal from Tenant's Supersedes Affidavit (Non-Section 8): Type I and Type II. Type I notices are used by tenants who are not receiving Section 8 assistance, and Type II notices are used by tenants who are receiving Section 8 assistance. In both cases, the tenant must provide an affidavit along with the notice of appeal.
Pennsylvania Notice of Appeal from Tenant's Supersedeas Affidavit (Non-Section 8)
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FAQ
Unfortunately, in Pennsylvania a person cannot expunge an eviction record, though there is growing pressure to amend Pennsylvania laws so that those suffering unfair prejudice in an already difficult rental housing market will someday have more options.
Once a complaint is filed along with a copy of the lease, a hearing is scheduled in two to three weeks. It is very important for the landlord to sue for both back rent and possession. The reason is if the tenant appeals he has to post the lesser of the rent in arrears or three months rent.
Order for Possession If you disagree with the decision and want to stay in the home, you will need to file an Appeal to the Court of Common Pleas within 10 days of the judgment date and post a bond. See Appeal Process.
§ 702(c) (supersedeas) provides that, except as otherwise prescribed by general rule, a petition for permission to appeal under that section shall not stay the proceedings before the trial court or other government unit, unless the trial court or other government unit or the appellate court or a judge thereof shall so
To request a warrant hearing you must go to the clerk's office in the Special Civil Part at the courthouse where your eviction hearing took place. At the warrant hearing, you can ask the Court for a Hardship Stay of Eviction. A hardship stay, if granted, delays your eviction temporarily.
If an appeal is stricken or voluntarily terminated, any supersedeas based on it shall terminate. The prothonotary shall pay the deposits of rental to the party who sought possession of the real property.
1) You must fill out the APPEAL FORMS and deliver them to the Prothonotary's office, within 10 days of the date of the judgment, along with the Notice of Judgment. 2) You may be able to avoid paying a filing fee by filing a REQUEST TO WAIVE THE FILING FEE, which is called an ?in forma pauperis? petition.
There are often two parts to a Judge's decision: Possession (eviction) and Money Judgment. You have the right to appeal a judgment entered against you. Appeals are filed with the Prothonotary at the Court of Common Pleas.
