The Challenge
After taking ownership of the property, the client sought possession in order to renovate the home and lease it at a higher rental rate. When the tenant refused to vacate voluntarily, eviction proceedings became necessary.
The matter required strategic consideration regarding the proper court in which to proceed, timing of enforcement remedies, and the potential impact of post-judgment appeals.
Although the client could have pursued the matter in the Philadelphia Court of Common Pleas, Nochumson P.C. recommended proceeding in Philadelphia Municipal Court due to its faster processing timeline and procedural advantages under the circumstances.
The Solution
Nochumson P.C. promptly initiated eviction proceedings in Philadelphia Municipal Court.
Prior to trial, the parties participated in settlement negotiations and ultimately entered into a Judgment by Agreement. Under the agreement, the tenant agreed to pay $1,800 in outstanding rent and vacate the property by the end of the month.
When the tenant later failed to comply with the agreement and refused to vacate the property, Nochumson P.C. obtained court authorization to proceed with eviction enforcement.
The tenant subsequently attempted to challenge the Judgment by Agreement through appeals in both Philadelphia Municipal Court and the Philadelphia Court of Common Pleas. Nochumson P.C. successfully defended against those attempts and proceeded with enforcement of the judgment.
Judgments by Agreement in Philadelphia Municipal Court can provide landlords with enforceable possession rights while limiting a tenant’s ability to later challenge the agreed-upon outcome.
The Results
After the tenant’s appeals were deemed invalid, the landlord-tenant officer ultimately enforced the eviction order and restored possession of the property to the client.
The client was then able to move forward with plans to renovate the property following recovery of possession.
