Tenant Appeals A Magistrate Ruling in PA

[Jim K.]

Hello,

I'm a new investor and ran into an issue right out of the gate.

A tenant recently filed an appeal to the magistrates ruling.    I asked for possession of the property and November rent which I was awarded both.    The tenant moved out of the property and 2 days later I get the appeal in the mail.   

So I guess my question is what if I don't want to continue the case?  

I got her out of the property and I retained her security deposit good enough for me!    

My next question is if I don't file a complaint within the 20 days and she applies for a judgement of non pros what is the worst that can happen.   I don't want to hire an attorney she only owes me $625.  I've since already have another tenant living there.  I guess she could be appealing the money she owes me but she didn't pay her rent.       

Thank You!       

[Chris K.]

@Jim K.

A few questions/thoughts:

1. How do you "know" that the tenant moved out? In other words, how do you intend to prove in court that the tenant voluntarily surrendered the property? 

2. Am I correct in assuming that you didn't get the sheriff or the constable to execute a "writ of execution" based on your magistrate judgment? 

3.  If you don't file the complaint in the Court of Common Pleas, the tenant can take steps to void the magistrate judgment. As a practical matter, this would mean that you lost your case at the magistrate court. In turn, this could result in --- among other things --- you having to let the tenant back in. If you try to block the tenant from returning, then you may be engaging in self-help eviction (which is generally a big no-no and could result in liability for you). You may also end up waiving your right to collect the past-due rent from her due to the fact that you failed to fully pursue your claim. 

4. Setting aside the above, note that you have to follow specific steps when dealing with security deposit. Make sure you do it to protect yourself. I've seen some odd cases where the landlord --- by failing to properly follow the security deposit laws --- ended up having to pay the tenant when everything was said and done. 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.