If you've received an unfavorable eviction judgment, a supersedeas bond can be your lifeline. This guide explains how to use this legal tool effectively.
What is a Supersedeas Bond?
A supersedeas bond is a payment or guarantee that "stays" (pauses) an eviction while you appeal the judgment. In Pennsylvania landlord-tenant cases, it typically equals three months of rent.
When Can You Use It?
You can file for supersedeas when:
- You've received a judgment against you from a Magisterial District Court
- You've filed an appeal to the Court of Common Pleas within 10 days
- You can afford to pay or post the required amount
How Much Will You Need?
The supersedeas amount includes:
- Rent: Usually 3 months at current rate
- Damages: Any additional amounts awarded
- Costs: Court costs from the original case
Example: If your rent is $1,000/month and you were awarded $500 in damages against you:
- 3 months rent: $3,000
- Damages: $500
- Costs: ~$150
- Total: $3,650
Filing the Supersedeas
Step 1: File Your Appeal Within 10 days of judgment, file a Notice of Appeal with the Court of Common Pleas. Filing fee is approximately $150.
Step 2: Complete the Affidavit File a Supersedeas Affidavit with the court. This sworn statement includes: - Your financial situation - The property address - Your monthly rent - Your commitment to continue paying rent
Step 3: Pay or Post Bond You have options: - **Cash**: Pay the full amount to the court - **Bond**: Purchase a surety bond (costs ~10% of total) - **Escrow**: In some cases, ongoing rent payments to escrow
Step 4: Serve the Landlord Provide a copy of your supersedeas filing to your landlord.
What Happens Next?
Once supersedeas is granted:
- The eviction is paused
- You must continue paying rent (usually to the court or escrow)
- Your appeal proceeds in Common Pleas Court
- If you win, your deposit is returned
- If you lose, funds go to the landlord
Important Warnings
Don't Miss the 10-Day Window: Your appeal AND supersedeas must be filed within 10 days of the judgment.
Keep Paying Rent: Missing a payment can terminate your supersedeas.
Document Everything: Keep copies of all payments and filings.
Getting Help
- Notice of Appeal form
- Supersedeas Affidavit
- Calculation worksheets
- Filing checklists
Don't lose your home without exploring all your options.
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