Tenants have been evicted and we won the eviction case but they are now appealing..

Asked almost 2 years ago - Easton, PA

We are located in PA. They signed a 2 year agreement and they broke the lease a number of times. They haven't paid rent in 3 months. We found 20 snakes they were keeping in the house illegally. They have more people living there than they should. They have an illegal daycare going on. 30+ police reports were made since they moved in. They also haven't made a water or trash payment since they moved in. We took them to court and WON. Now they are appealing the decision. We cant afford to pay all these bills and a mortgage because they are trying to buy time to continue living there. There is no possible way they can win, when it says plainly in the lease that after 5 days of non-paid rent is grounds for immediate eviction. Can these people just keep appealing with paying no rent?

Attorney answers (1)

  1. Jeff Lawrence

    Contributor Level 5

    Answered . If your judgment included money damages for non-payment of rent the tenant would have been required to place those damages in escrow as a prerequisite to perfecting their appeal (unless they were more than three months behind, in which case their bond would be no more than three months rent). Further, while the appeal is pending the tenant is required to continue paying a sum equal to the rent every 30 days. If they fail to do so you will be able to file a praecipe to terminate the supersedeas. Once the supersedeas is removed, you would be able to have the sheriff execute on your writ of possession.

    If the tenant pays the initial bond, and continues to pay an amount equal to rent every 30 days, the court, upon application, will release to you appropriate sums from the escrow account in light of the tenant's continued possession and use of your property.

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