How Long Does an Eviction Appeal Take in PA?

Facing eviction can be an incredibly stressful and overwhelming experience. However, in Pennsylvania, tenants have the right to appeal an eviction judgment, providing them with an opportunity to present their case in front of a higher court. If you are considering an eviction appeal in PA, it is important to understand the process and how long it may take. In this article, we will discuss the timeline of an eviction appeal in Pennsylvania and answer seven frequently asked questions regarding this topic.

1. What is an eviction appeal?
An eviction appeal is a legal process that allows tenants to challenge an eviction judgment made by a lower court. By filing an appeal, tenants can present their case in front of a higher court, which will review the lower court’s decision.

2. How long do I have to file an eviction appeal in PA?
In Pennsylvania, tenants have 30 days from the date of the eviction judgment to file an appeal. It is crucial to meet this deadline to ensure your right to an appeal is preserved.

3. How long does it take for the appeal to be heard?
Once an appeal is filed, the timeline for the case to be heard can vary. Generally, it takes several months for an eviction appeal to be scheduled and heard in Pennsylvania. However, this timeline can be influenced by various factors, such as the court’s caseload and scheduling availability.

4. Can I remain in the property while the appeal is pending?
During the appeal process, tenants are not automatically allowed to remain in the property. However, tenants can request a stay of execution, which, if granted, will allow them to stay in the property until the appeal is resolved. The decision to grant a stay of execution is at the discretion of the court.

5. What happens during the eviction appeal hearing?
During the appeal hearing, both parties will present their arguments and evidence in front of the higher court. The court will review the lower court’s decision and consider the arguments made by both the tenant and the landlord. The court will then make a new judgment based on this review.

6. What happens if I win the eviction appeal?
If the higher court overturns the eviction judgment, you may be allowed to remain in the property. However, it is important to note that winning the appeal does not eliminate any outstanding rent owed. The court’s decision may also be subject to further legal proceedings.

7. What happens if I lose the eviction appeal?
If the higher court upholds the eviction judgment, you will be required to vacate the property. The court may also issue a judgment for any outstanding rent owed.

In conclusion, the timeline for an eviction appeal in Pennsylvania can vary, but generally, it takes several months for the case to be scheduled and heard. It is crucial to file the appeal within the 30-day deadline to preserve your right to challenge the eviction judgment. While the appeal is pending, tenants can request a stay of execution to remain in the property. During the appeal hearing, both parties will present their arguments and evidence, and the higher court will review the lower court’s decision. Winning the appeal may allow you to remain in the property, but outstanding rent may still be owed. If you lose the appeal, you will be required to vacate the property.

Facing eviction is undoubtedly a challenging and emotionally taxing experience. If you find yourself in this situation, it is essential to consult with an experienced attorney who can guide you through the eviction appeal process and protect your rights.