You can appeal an eviction in Pennsylvania up to three times: first from the Magisterial District Judge to the Court of Common Pleas, then to the Pennsylvania Superior Court, and finally by petition to the Pennsylvania Supreme Court. Each level narrows sharply in scope and in the chance of being heard. Most eviction disputes end after the first or second.
The First Appeal: Magisterial District Judge to Court of Common Pleas
Evictions in Pennsylvania start before a Magisterial District Judge. Whoever loses can appeal to the Court of Common Pleas by filing a notice of appeal within 10 calendar days of the judgment.1Pennsylvania Code and Bulletin. 246 Pa. Code Rule 1002 – Time and Method of Appeal The prothonotary (the court’s filing office) will not accept a late filing unless you get court permission and show good cause for the delay.
This appeal is heard de novo, meaning the Court of Common Pleas starts from scratch.2Pennsylvania Code and Bulletin. 246 Pa. Code Rule 1007 – Procedure on Appeal The judge does not review what happened before the Magisterial District Judge. Both sides present their evidence and arguments fresh, and new evidence is allowed. For tenants, this is the most meaningful appeal opportunity because it gives you a completely new trial.
Staying in the Unit While the First Appeal Is Pending
Filing the appeal does not, by itself, let a tenant stay in the rental. To halt the eviction while the case moves through Common Pleas, you need what Pennsylvania law calls a supersedeas, and getting one requires depositing money with the court.
Under Rule 1008, a tenant who can afford to pay must deposit the lesser of three months’ rent or the total rent in arrears at the time of filing. After that, the tenant must continue paying the full monthly rent into escrow with the prothonotary every 30 days while the appeal is pending.3Pennsylvania Code and Bulletin. 246 Pa. Code Rule 1008 – Appeal as Supersedeas
Tenants who cannot afford the full deposit have a separate track. If you qualify as indigent, you file a tenant’s affidavit with the prothonotary and follow a reduced schedule: one-third of a month’s rent at filing, the remaining two-thirds within 20 days, and the full monthly rent every 30 days after that.3Pennsylvania Code and Bulletin. 246 Pa. Code Rule 1008 – Appeal as Supersedeas
Miss a payment and the landlord can file a praecipe (a written request) to terminate the supersedeas. Once that happens, the landlord can proceed with the eviction even though the appeal is still technically alive. Many appeals effectively end here, so keeping up with escrow is non-negotiable if staying in the unit matters to you.
The Second Appeal: Court of Common Pleas to the Superior Court
If the Court of Common Pleas rules against you, the next step is the Pennsylvania Superior Court. The notice of appeal must be filed within 30 days after the Court of Common Pleas enters its order.4Legal Information Institute. Pennsylvania Code 210 Pa. Code Rule 903 – Time for Appeal
This appeal works very differently from the first. The Superior Court does not hold a new trial or hear new evidence. It reviews the existing record from Common Pleas to decide whether the trial judge made legal errors, such as misapplying the law, improperly admitting or excluding evidence, or making findings no reasonable judge could have reached. You file detailed legal briefs explaining what went wrong and why it matters. Hiring an attorney becomes significantly more important at this stage because the procedural requirements are stricter and the arguments are more technical.
The Third Appeal: Petition to the Pennsylvania Supreme Court
After the Superior Court decides, the losing party can ask the Pennsylvania Supreme Court to take the case. This is not an appeal as of right. The Supreme Court has discretionary jurisdiction, and any two justices must agree the case is worth hearing before it proceeds.5Pennsylvania General Assembly. Pennsylvania Consolidated Statutes Title 42 Section 724 – Allowance of Appeal
To request review, you file a Petition for Allowance of Appeal within 30 days of the Superior Court’s order.6Pennsylvania Code and Bulletin. 210 Pa. Code Rule 1113 – Time for Petitioning for Allowance of Appeal The petition must show that the case raises a significant legal question, involves conflicting interpretations of law among lower courts, or addresses a matter of broad public importance. Routine disagreements with how the law was applied are almost never enough. The Supreme Court accepts a very small percentage of petitions, and a standard eviction dispute is unlikely to meet the bar unless it presents a novel legal issue.
How the Appeal Deadlines Are Counted
Every one of these appeals turns on hitting its deadline. The day the judgment is entered does not count. You start counting the following day. If the last day falls on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day.7Pennsylvania Code and Bulletin. 1 Pa. Code Section 31.12 – Computation of Time
Ten calendar days is a very short window for the first appeal. If a Magisterial District Judge enters judgment on a Wednesday, your deadline is the following Friday (counting Thursday as day one). Factor in time to gather the filing fee and any required escrow deposit, and the practical window is tighter still. Waiting until day nine is a common and costly mistake.
What It Costs to Keep Appealing
First-appeal filing fees vary by county and generally run between about $150 and $250, with Philadelphia around $216 and Centre County around $178.50. The Superior Court filing fee is modest, but appellate briefs effectively require a lawyer, and attorney fees at that level can range from a few thousand dollars upward depending on complexity. Supreme Court petitions add further fees and substantial attorney time. Tenants who cannot afford court costs can petition to proceed in forma pauperis, which waives or reduces fees based on financial need, and legal aid organizations provide free civil representation to eligible low-income tenants.
When the Appeals Run Out
Once the highest court to hear the case issues its final decision, the dispute is over. You cannot refile the same claims or re-argue the same issues elsewhere. Pennsylvania courts apply the doctrine of res judicata, which prevents parties from relitigating matters already decided by a final judgment.8Justia. Matternas v. Stehman, 434 Pa. Super. 255 (1994)
That is why your strongest case belongs at the earliest stage. The de novo hearing at the Court of Common Pleas is the best opportunity to introduce evidence and make your arguments. Each later level gives the court less room to reconsider the facts and focuses on narrower legal questions. Holding back good arguments for a later round almost always backfires.