Landlord Retaliation Eviction Appeal
Summary
The user, a tenant in Pennsylvania, is appealing an eviction notice, alleging that the landlord is retaliating due to a dispute with a maintenance worker. The user has evidence including an email from HUD and witnesses. The user has filed an appeal and is awaiting a court hearing. The landlord has not responded to the appeal. The user is considering filing a non pros and has been advised on the potential filing fee and the form to use. The user has also been advised to contact a local tenants rights organization for further assistance.Full Conversation
I'm awaiting a court MDJ appeal, scheduled for */*/*. I am appealing the case it is a landlord/tenant matter and I'm appealing it because of retaliation on the landlord's behalf. We didn't owe anything in rent arrears, he claims he didn't want to renew the lease, but it was after the maintenance man got into an argument with me. They gave us the notice the same day. Now it's been almost 20 days since the appeal and they didn't respond. What will happen from here?
In which state is this case taking place? This will help me provide you with the most accurate information.
Pennsylvania
What is the exact nature of the retaliation you're alleging against your landlord?
In Pennsylvania, landlords cannot retaliate against tenants for exercising their rights.
In Pennsylvania, landlords cannot retaliate against tenants for exercising their rights.
for exercising my rights to a maintenance request. them in turn blaming me for their lack of repairs and trying to evict based off an argument maintenance had with me.
What evidence do you have to support your claim of retaliation?
In Pennsylvania, landlords cannot:
- Retaliate by increasing rent
- Decrease services
- Threaten eviction after a tenant has complained about unsafe conditions.
In Pennsylvania, landlords cannot:
- Retaliate by increasing rent
- Decrease services
- Threaten eviction after a tenant has complained about unsafe conditions.
Email from HUD stating that is why they are evicting us, proof that I put in a maintenance request the night before, witnesses.
What was the content of the email from HUD? It could be crucial in proving retaliation. In Pennsylvania, retaliation by landlords is illegal and can be grounds for dismissal of an eviction case.
It basically said the landlord's reason for evicting us and it said based on the argument that I had with maintenance.
What was the date of the argument with the maintenance person and when did you receive the eviction notice?
*/*/* and */*/*
What was the date when you filed the appeal? In Pennsylvania, the landlord has 20 days to respond to an appeal. If they don't, the case may be dismissed.
*/*/*.
What was the date when you received the notice of eviction from the court?
*/*/*
What was the date when you received the notice of eviction from your landlord?
it never went through after the court hearing because we appealed it and did a superceadas.
What is the current status of your appeal?
They scheduled it for */*/* at 1pm. So far the landlord did not respond to the appeal.
What is the exact location of the court where your appeal is scheduled?
* west walnut street allentown, pa *
What is the name of the court where your appeal is scheduled?
The Barristers Club of the Bar Association of Lehigh County
What is the nature of the argument you had with the maintenance person?
The maintenance person was blaming me for the cabinet breaking and i did not break the cabinet it fell on my husband's foot. He was ok from it, but it still fell on him (the cabinets were never replaced)
What was the date of the incident with the cabinet?
*/*/*
What was the date when you submitted the maintenance request for the cabinet?
i'm sorry it was */*/* it broke and they came */*/* to repair it.
What was the outcome of the repair visit on */*/*?
they left it broken after that argument and wouldn't fix it.
What evidence do you have to prove that the cabinet was left broken after the argument?
in the portal it wasn't completed until later.
What is the date when the repair was marked as completed in the portal?
*/*/*
What actions have you taken since the repair was marked as completed in the portal?
i have filed the appeal and am currently waiting for them to respond to the appeal
What is the deadline for the landlord to respond to your appeal according to the court's rules?
the deadline is */*/*
What happened after the deadline of */*/*? Did the landlord respond to your appeal?
I'm not sure i was told i can file a non pros but I wanted to know which forms to file and if I can actually file without a lawyer?
To file a non pros in Pennsylvania, you would typically use a "Praecipe for Rule to File Complaint" form. Yes, you can file without a lawyer.
Thank you so much is there a fee for doing that?
Yes, there might be a filing fee for the "Praecipe for Rule to File Complaint" form. The fee varies by county, so you should contact the Barristers Club of the Bar Association of Lehigh County at (*) *-* for precise information.
ok thank you so much for all your help.
You're welcome, ****! If you have any more questions in the future, don't hesitate to reach out. Good luck with your case!
Thank you!
Have you contacted a local tenant's rights organization for assistance with your case?
In Pennsylvania, tenants have the right to:
- Live in a safe, healthy, and habitable property
- Have repairs made in a timely manner
- Not be evicted without proper notice and legal process.
The Barristers Club of the Bar Association of Lehigh County is located at * West Walnut Street, Allentown, PA *. Contact: (*) *-*.
In Pennsylvania, tenants have the right to:
- Live in a safe, healthy, and habitable property
- Have repairs made in a timely manner
- Not be evicted without proper notice and legal process.
The Barristers Club of the Bar Association of Lehigh County is located at * West Walnut Street, Allentown, PA *. Contact: (*) *-*.
i have tried to contact north penn legal but they can't assist with appeals
What is the reason North Penn Legal gave for not being able to assist with appeals?
they said they only help with filing appeals
What is the current status of your appeal? Have you received any updates from the court since the landlord did not respond within the deadline?
it is pending i assume
What is the latest communication you have received from the court regarding your appeal?
it is set for */*/* at 1pm
What is the nature of the hearing scheduled for */*/*?