You have done the hard work: you served a proper notice, filed correctly, appeared at the Magisterial District Judge (MDJ) hearing, and obtained a judgment for possession. First, congratulations! But it’s not over yet. From this point forward, strict rules control what happens next, and the timelines are short. The steps below explain how to protect your judgment, secure an Order for Possession at the first lawful opportunity, coordinate service and execution without missteps, and preserve your ability to recover rent and damages without avoidable delay and liability.
Step 1: Notice Of Judgment — Know The Appeal Window
At the MDJ, the judge either decides your claim on the day of the hearing or within 3 days and issues a Notice of Judgment. Even if you win, you should not act immediately. A tenant still has 10 days to appeal a residential possession judgment, or 30 days to appeal a money-only judgment. If a tenant has a qualifying domestic-violence certification, they may have an extended 30 day period to appeal possession. These deadlines also change for commercial disputes.
Step 2: Tenant Appeals — Check Supersedeas Deposits
An appeal of a residential possession judgment blocks the eviction only if the tenant satisfies the supersedeas deposit rules. These rules require the tenant to deposit the lesser of 3 months’ rent or the rent actually in arrears when they file the deposit. The tenant must also continue to make deposits of the monthly rent every 30 days while the appeal is pending. As the landlord, you should always check with the court that the initial deposit was made and calendar the every-30-days deposit schedule. If a required deposit is not made on time, you may ask the court to terminate the supersedeas, which allows the eviction to proceed. There are certain exceptions allowing waiver of costs for low-income tenants (filing in forma pauperis), but these are limited and decided on a case-by-case basis.
Step 3: No Appeal — Request For Order For Possession
If no appeal of the Notice of Judgment is filed within the deadline, you still cannot retake possession on your own. You must file a Request for Order for Possession with the MDJ. Be ready to file this request as soon as you are eligible so that you can minimize additional damages. In residential cases, the earliest you can request the Order is the 11th day after the judgment date (if no appeal has been filed), and the latest you can file it is 120 days after the judgment. Time can slip by so it is important to calendar your dates and do not miss this window.
Step 4: Order For Possession — Issuance And Service
After the court issues the Order for Possession, it is mailed to the tenant by First-Class Mail and delivered to a constable or sheriff for physical service. The officer must serve the order within 48 hours by handing it in person to the tenant or to an adult in charge of the premises, or by conspicuous posting at the property if no one is found. You can help avoid delays by confirming access details, accurate contact information, and any gate or lockbox instructions. Keep a copy of the served order and any service notes for your file.
Step 5: After Service — The 11-Day Wait To Execute
There is a short waiting period after service of the Order for Possession. In residential cases, the officer may execute the lockout on or after the 11th day following service of the Order for Possession. Use this time to coordinate a locksmith, arrange entry logistics, and plan how you will document the unit’s condition. If the tenant surrenders possession during this period and you accept it, secure the property and move to your post-move-out steps. If they do not surrender possession, you will need to coordinate the above efforts with a local constable to effectuate the lockout.
Step 6: Execution Day — What Happens On Site
Be present and prepared when the officer/constable arrives. When you reenter the property, carefully document the condition of the unit to support any deposit and damage decisions later in the process.
In nonpayment cases, the rules permit the tenant to stop the eviction by paying all of the rent in arrears plus costs to the officer, known as the pay-and-stay rule. If this happens, you, as landlord, will need to inform the court that the order has been satisfied. If you do not inform the court, even after a tenant has submitted a written request to do so, you may suffer financial penalties. The pay-and-stay rule does not apply to breach or end-of-term cases.
Step 7: Delays — Reissuance And Deadlines
An Order for Possession has an expiration date — it must be executed within 60 days of issuance. In residential matters, an Order for Possession may be reissued once for an additional 60-day period, and such request must be made no later than 120 days after the date of the Notice of Judgment at Step 1. Calendar these dates when you first receive the Order so that nothing lapses, and if you experience delays that may require a reissuance, request it promptly.
Step 8: Possession Regained — What To Do Next
Change the locks, document the condition of the unit with photos and video, and secure any items left behind. You have an obligation to send a 30-day itemized accounting and return any balance of the security deposit. After an MDJ eviction, you may be able to apply the deposit to unpaid rent, court costs, and property damage, but it is crucial to consult a Pennsylvania real estate attorney to understand your legal obligations. Missteps could forfeit your right to withhold and expose you to statutory penalties.
If the tenant left personal property behind in the unit, send a notice of their right to retrieve it by First-Class Mail to their new address or, if you do not have a forwarding address, deliver in person or post at the vacated premises. The tenant has 10 days from the postmark to pick up the items or to request up to 30 days of storage at the tenant’s cost. If there is no timely contact or retrieval, you may dispose of the property.
Local Rules And Special Circumstances
Local courts and municipalities may add forms, fees, or scheduling practices to these statewide rules. Always ask a Pennsylvania real estate attorney about local rules before filing or scheduling. Special circumstances — such as a domestic-violence certification or a local eviction diversion program — can affect timing and how the case proceeds.
Consult an Attorney To Minimize Risk
The time judgment is full of deadlines and details, and missteps can lead to delay, additional cost, or liability. If you would like reliable advice tailored to your property and your situation, the attorneys at SMGG can help. We will review your judgment, prepare the required documentation, and coordinate the process so you can regain possession of your property efficiently and lawfully.