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Appeal after Order for Possession?

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Appeal after Order for Possession?

Postby RisingUp » Mon May 07, 2007 9:50 am


I live in PA and have just recently gone through an eviction hearing! I was considered a good tenant until March 2007 when I informed landlord my rental fees would be held in an escrow account - which they were. My rent was always paid early or by due date. I learned in November 2006, when my son was hospitalized a week for a severe asthma episode, that there was a good possibility that mold in our new environment was a likely factor in my son's declining health situation. His health issues continued to be problematic and he ended up out of school for approximately 2 months.

The apartment manager looked in one place for mold in December 2006, my son's room and access panel in son's closet to behind tub & pipes and stated no mold. When I requested the mold I'd discovered in January be checked only the maintenance person came. He wouldn't look and threw his hands up in the air stating he knew nothing about mold! By March and the refusal of the apartment management to look into the matter especially given the severe health issues of both my son and myself by this point I was very frustrated. Which is why I withheld rent and placed in escrow which I did prove at eviction hearing. While the district justice was very decent at hearing, he stated as lease was up the end of April 2007, that the management group were within their rights of non renewal nor did they need to give cause. He did not include any late fees etc in the judgment amount I am required to pay and even went into a rather lengthy explanation of how I could file a civil suit. The apartment property management group had decided February when I became persistent about having mold investigated that they were not going to renew lease!!! (which they informed me late February) While I'm trying to find a new place to live due to mold issues I've not been able to secure anew apartment to date.

I'm waiting on the actual lab results from sample testing on the mold presently as it is believed these samples will show the mold (which is extensive) is one of the "toxic types". Additionally, there is evidence of water intrusion/damage all around the apartment that has been occuring bit by bit over the past 12 months including water leaks springing forth from the ceiling in living room/hallway door. The amount of water damage that has become visible is extensive and also looks as if was here prior to renting and has been covered up with lots of wall plaster/spackling many times and also looks to be full of mold growth as well!!

I was served with the Order for Possession this past Friday. I was hoping to appeal but felt it would be prudent to have lab test results back first. I am frantic about this matter at this point obviously and have done nothing wrong other than to request that my apartment be made as habitable - warranty of habitability was the reason stated for hold funds in escrow account. I had the funds to pay rent, only owed one month of rent at hearing which proof was provided to court and landlord that monies were in escrow account. Is it too late to appeal this matter now? and stay in apartment until this matter goes to court again? Is there anything at all that can be done to prevent myself and my son from becoming homeless?

One last note, Friday prior to the Order for Possession being served the apt complex mgr showed up on my doorstep stating that I could have until 6/28 provided I pay the judgment amount (1 month's rent) and the current month's rent and then the June rent when it comes due. This was fine until I received the Order for Possession a few hours later. Would it be advisable to pay the judgment costs and May rent with an Order for Possession which says I will be locked out (and removed physically) on 5/15 if I'm not out? This seems to me to be a bit insane to even consider?

Thank you,
Posts: 1
Joined: Mon May 07, 2007 9:08 am
Location: PA

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