Security Deposit

Before you rent an apartment or other dwelling, a landlord usually requires a security deposit. This deposit is held by the landlord in case you damage the residence during your tenancy.

The security deposit may not exceed two-months rent during the first year. During the second year, the security deposit may not exceed one-month rent. Furthermore, if the security deposit is greater than $100, the security deposit must be placed into an escrow account.

After you vacate, the landlord must refund your security deposit. However, if there is damage that exceeds normal wear and tear, the landlord may retain enough funds to fix the dwelling. The landlord is required to notify you within 30 days as to the damages and amount they are retaining. If the landlord fails to notify you properly, or if they keep more than the funds necessary to fix the premises, then your landlord will be liable for double the security deposit. Please note that you must provide a forwarding address.

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Landlord Tenant appeals

In Pennsylvania, once a landlord/tenant eviction hearing is decided by a Magisterial District Justice (or by a Municipal Court Judge in Philadelphia), either party has the right to appeal if they disagree with the decision.

If a tenant appeals a determination of possession, there is a 10 day appeal deadline. In other words, the tenant must file the appeal in the Court of Common Pleas where the property is located within 10 days. The tenant has to then serve the notice and Rule advising the Landlord that they have 20 days to file a complaint. These forms must be served on the Landlord and Magisterial District Judge.

The tenant must also file a supersedeas which prevents the sheriff or constable from kicking the tenant out of the property. In addition to filing fees, the supersedeas requires that the tenant pay the lower of 3 months rent or the judgment to the Court to hold in escrow until the final hearing. The tenant must also pay the monthly rent to the Court every 30 days. If the tenant fails to do this, the supersedeas may be terminated and the eviction may proceed. Make certain that you keep track of this deadline as some months have more than 30 days.

For issues regarding just the monetary judgment account, the appeal deadline is 30 days. The process is the same, but you do not need to file a supersedeas and therefore do not need to pay the funds monthly to the Court.

If a landlord appeals, the deadlines are the same, except that the landlord must then file a complaint to the tenant instead of a Rule instructing the other party to file one.

It is recommended that the parties hire an attorney to proceed with an appeal as it is much more difficult and complex than filing with the lower Court.

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Grounds for eviction

For a tenant to be evicted, the landlord may proceed on one or more of the following grounds:

1) Nonpayment of Rent. For example, the tenant has failed to pay the current or prior months’ rent, and the rent is past due. Also, the tenant has failed to pay late fees.

2) Termination of the term. For example, the lease runs for 12-months and the landlord gave adequate notice that the lease is not to be renewed. If the tenant stays past the twelfth month, the landlord may proceed on this ground.

3) Breach of the lease. For example, the lease states that pets are not permitted and the tenant has a pet.

At the eviction hearing, it is the burden of the Landlord to show that the grounds have been met. However, if the eviction is based solely on Nonpayment of Rent, the tenant will be permitted to remain the property if he pays the judgment in full.

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Landlord and Tenant Act of 1951

Landlord/Tenant matters are governed by the Landlord and Tenant Act of 1951. A copy of the act may be found at http://www.parealtor.org/clientuploads/Legal/Statutes/Landlord-TenantAct.pdf .

In most counties in Pennsylvania, evictions are heard before the local Magisterial District Judge where the residence is located. The court will be scheduled between 5 and 15 days from the date of filing the complaint. In Philadelphia County, evictions are hearing in Municipal Court before a Municipal Court Judge.

If either party appeals from the Magisterial District Judge or Municipal Court ruling, then the hearing is transferred to the Court of Common Pleas in the county where the property and lower court are both located. To appeal an eviction, you must file the appeal and a document called a supersedeas within 10 days of the judgment. To appeal the monetary judgment only (i.e. past due arrears, legal fees, expenses, etc.), you have 30 days from the date of judgment. However, if the Judge granted eviction and you fail to file for a supersedeas (either because you don’t have the filing fees or you missed the 10 day deadline), you will still be evicted.

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What to expect at a hearing

Once a landlord tenant complaint is filed in the local courthouse, a hearing date will be set. The hearing will be scheduled no later than 15 days from filing. The local sheriff or constable will then serve the tenant with the complaint and hearing notice, either personally or by posting them conspicuously on the property.

When you get to court, the landlord has the burden of showing that the tenant should be evicted (either for non-payment of rent, termination of the terms, or breach of the lease). Furthermore, the landlord has the burden of showing any damages, including rent due and owing, legal fees, and damages to the property. The tenant may then present and defenses or arguments against what the landlord is claiming.

The landlord will testify first. The tenant (or his attorney) then has the right to cross-examine the landlord. This means that the tenant has the right to ask the landlord questions. The landlord may call additional witnesses. The landlord may only ask the witnesses questions rather than have a conversation. The tenant has the right to cross-examine each of those witnesses as well. After the landlord rests his case, the tenant may then testify and call his own witnesses. The landlord then has the right to cross-examine those witnesses. Finally, the landlord may present rebuttal testimony.

If the tenant filed a cross-complaint, then the tenant has the burden of proving this during he and his witnesses are testifying.

It is recommended that you hire an experienced attorney as the rules of Court are very complex. The Rules of Evidence apply and you may be prejudiced if the other party has an attorney and you do not.

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Landlord-Tenant Basics

A lease is the typical agreement outlining the arrangement to occupy property between the tenant, who will become the occupant, and the landlord, who is the legal owner of the property. Leases between landlords and tenants can be oral or written if the lease is for a period of less than three years, although written is always preferable. Lease agreements must be in writing for terms greater than three years. A tenant should make a careful review of the property prior to signing a lease. For example, a tenant should check to see if all appliances are in working order, if there are any plumbing issues, if the electric is properly wired and all light fixtures and outlets are in working order, whether the walls or ceilings have any cracks, holes or other damage, if the floors, railing and bathroom fixtures are in good repair, whether there are any rodent or insect problems, and whether the windows and doors are functional and secure. A tenant should be sure to note any existing damages to the landlord prior to signing a lease as the tenant is obligated to leave the property in the same condition at the termination of the lease.

The term of a lease will automatically terminate as stated in the lease but can terminate earlier in certain circumstances. A landlord can evict a tenant if they are behind on rent or break any other clause of the lease. A landlord must provide a notice to quit to be personally delivered to the tenant, posted to their residence, or left in a common area. The notice must allow a time frame to rectify the breach prior to eviction. If the tenant does not come into compliance, the landlord must then follow the steps to file a complaint in district court for eviction.

Click here to read more on Landlord Tenant law.

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