How to Stay a Sheriff Lockout During Eviction Appeals in Pennsylvania

If you’re facing eviction in Pennsylvania, you may worry about being locked out of your home by the sheriff. Fortunately, state law lets you delay the lockout if you appeal your eviction in time and follow the right procedures. This guide outlines the steps Pennsylvania renters can take to stay (pause) a sheriff lockout during an appeal, so you can protect your housing while your case is reviewed.

Understanding Eviction Appeals and Sheriff Lockouts in Pennsylvania

After a landlord obtains a court-ordered eviction from a Magisterial District Court, they can request the sheriff to carry out a physical lockout. However, as a renter, you have the right to appeal that judgment. Filing an appeal, if you act swiftly and use the correct forms, can temporarily stop ("stay") the sheriff from evicting you while your appeal is pending.

The Pennsylvania Court System for Eviction Cases

Residential eviction cases in Pennsylvania begin in the Magisterial District Court. Appeals go to the Court of Common Pleas in your county.

Steps to Stay a Sheriff Lockout When Appealing an Eviction

If you intend to challenge your eviction, staying the sheriff lockout is crucial. Here’s how Pennsylvania renters can stay the eviction lockout while appealing:

• File a timely appeal: You generally have just 10 days from the date of the Magisterial District Judge’s decision to file your appeal with the Court of Common Pleas.
• Complete the proper appeal form: Use the official “Notice of Appeal” (AOPC 315A – Notice of Appeal from a Judgment of a Magisterial District Judge).
• Request a Supersedeas (the stay): To prevent lockout during your appeal, file a “Tenant’s Supersedeas Affidavit” (form AOPC 318A). This affidavit tells the court you’re asking for a stay of eviction while your appeal is heard.
• Pay required fees or file an In Forma Pauperis (IFP) petition: If you cannot afford the filing fees, submit an Petition to Proceed In Forma Pauperis to request a fee waiver.
• Serve the landlord: After filing, provide copies of your appeal and affidavit to your landlord as soon as possible.

Official Forms for Renters

• Notice of Appeal (AOPC 315A)
  When and how used: File this within 10 days of the eviction judgment to begin your appeal. Submit it to the Prothonotary’s Office (civil division clerk) at your county Court of Common Pleas.
  Download the Notice of Appeal (AOPC 315A)
• Tenant’s Supersedeas Affidavit (AOPC 318A)
  When and how used: File together with your appeal to request a supersedeas (stay) of the lockout during your appeal. Complete this affidavit honestly and submit it with your appeal packet.
  Download the Tenant's Supersedeas Affidavit (AOPC 318A)
• Petition to Proceed In Forma Pauperis (IFP)
  When and how used: If you cannot afford court filing fees, submit this form with your appeal for a fee waiver. Available at your local court and statewide.
  Civil Forms from Pennsylvania Courts

Filing the correct forms quickly can protect your right to remain in your home while the court reviews your case.

What Happens After Filing for a Stay?

When you file a Tenant’s Supersedeas Affidavit (with your appeal) and pay any required escrow (withholding rent payments into court), the sheriff is legally required to pause the lockout. This stay lasts until your appeal is decided or you fail to meet court requirements (like escrow payments).

Pennsylvania Legislation Covering Appeals and Stays

Key state rules and laws governing eviction appeals and supersedeas stays include:

• Landlord and Tenant Act of 1951 (68 P.S. § 250.101 et seq.)
• Pennsylvania Rules of Civil Procedure for Magisterial District Judges (Pa.R.C.P.M.D.J. No. 1002–1014)

The Landlord and Tenant Act, along with court procedural rules, explain your rights—and deadlines—throughout the process. Carefully following all steps is vital to avoid accidental lockout.

Frequently Asked Questions

1. If I file an appeal, will the sheriff automatically stop the eviction?
   No, the sheriff will only pause the eviction if you file a Tenant’s Supersedeas Affidavit and meet any required payment or court directions within the set deadlines.
2. How long does the stay on eviction last in Pennsylvania?
   The stay imposed by a supersedeas remains in effect until your appeal is decided or you fail to fulfill court requirements, like paying rent escrow.
3. Can I get a fee waiver if I can’t afford to appeal?
   Yes, use the Petition to Proceed In Forma Pauperis (IFP) to ask the court to waive filing fees if you can't afford to pay. Submit this form with your appeal.
4. Does appealing and staying a sheriff lockout affect my rental record?
   While appealing helps you remain in your home, an eviction filing may still appear in public records. Consult legal aid for more details about your personal situation.
5. Who handles appeals of residential evictions in Pennsylvania?
   The Court of Common Pleas in your county. Find details at the official Pennsylvania Courts website.

Key Takeaways for Pennsylvania Renters

• File your Notice of Appeal and Tenant's Supersedeas Affidavit within 10 days of your eviction judgment to stop a sheriff lockout.
• If you cannot afford filing fees, request a fee waiver using the In Forma Pauperis petition.
• Follow all instructions, deadlines, and escrow deposit requirements to keep your appeal and stay in effect.

Act quickly to safeguard your tenancy and access helpful renter resources for additional support.

Need Help? Resources for Renters

• Pennsylvania Courts of Common Pleas (Eviction Appeals)
• PA Law Help – Eviction and Tenant Resources
• Pennsylvania Housing Finance Agency – Tenant Resources
• Contact your county’s legal aid office or find local free legal help.

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1. Landlord and Tenant Act of 1951: Pennsylvania General Assembly
2. PA Rules of Civil Procedure for Magisterial District Judges: PA Code Chapter 1002
3. Official Forms: Pennsylvania Courts Forms for the Public

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