Monthly Archives: December 2014
What To Do When A Tenant Appeals and Lies About Paying Rent
This article is intended for Pennsylvania landlord-tenant appeals from the Magistrate Court to the Court of Common Pleas. Particularly, when a tenant submits a false affidavit to the court alleging that rent was paid in the month their appeal was filed. This article reviews the applicability of Rule 1008 and potential remedies.
I see it happen all the time — a landlord successfully obtains a judgment to evict a tenant based on the tenant’s failure to pay rent, the tenant files an appeal, and lies to the court saying they paid rent for the month the appeal was filed. What is the landlord suppose to do?
Pennsylvania Landlord-Tenant Appeal Overview
When a tenant appeals an eviction judgment within ten (10) days of the Magistrate Hearing to the Court of Common Pleas, the Pennsylvania Rules of Procedure require the tenant to pay the lesser of the rent actually in arrears or …
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What is “unreasonable noise” as defined by 18 Pa. C.S.A. § 5503(a)(2)?
Disorderly Conduct, 18 Pa. C.S.A § 5503, is an offense that is cited frequently in Pennsylvania because it’s definition is so broad. Pennsylvania statutes define disorderly conduct as conduct that has “intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof.” Disorderly conduct includes fighting, threatening, making unreasonable noise, and using obscene language and gestures. I wanted to provide more specific information for individuals that have been charged with § 5503(a)(2) for causing “unreasonable noise.”
What is unreasonable noise?
Unreasonable noise is to be given its “plain, ordinary meaning” and is defined as “noise which is not fitting or proper in respect to the conventional standards of organized society or a legally constituted community.” In order for the Commonwealth to convict someone of violating 18 Pa. C.S.A. 5503(a)(2), the Commonwealth must prove that the Defendant’s actions intentionally or recklessly caused or created a risk of …
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