Philadelphia Eviction Appeals

How to Appeal a Philadelphia Eviction to the Court of Common Pleas

Municipal Court ruled against you. You have 30 days. Here is exactly what to do, what a de novo review means, and how to stop the eviction while your appeal is heard.

Important Notice: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm. For legal representation, contact Philadelphia Legal Assistance (PLA) — 215-981-3800, Community Legal Services (CLS) — 215-981-3700, or the Philly Tenant Hotline — 267-443-2500.

30-Day Deadline: You have exactly 30 days from the Municipal Court judgment date to file your appeal. There are no extensions. If you are within this window, start the appeal process today.

Losing in Municipal Court is not the end. Philadelphia tenants have the right to appeal an adverse eviction judgment to the Philadelphia Court of Common Pleas — a trial court with broader authority and a de novo review process that gives you a completely fresh hearing.

A de novo review means the Court of Common Pleas does not look at what the Municipal Court did and ask whether it was wrong. It hears the case entirely fresh — new testimony, new documents, new arguments. Whatever happened in Municipal Court is essentially irrelevant. Your case is heard again from the beginning.

The Appeal Process — Step by Step

01

Act Within 30 Days — This Is Absolute

You have exactly 30 days from the date of the Municipal Court judgment to file your appeal with the Court of Common Pleas. This deadline is not extendable. If you miss it, the judgment becomes final, and the landlord can apply for a writ of possession immediately. The 30-day clock starts on the judgment date, not the date you received notice of the judgment.

02

Obtain the Municipal Court Judgment Documents

Get a copy of the Municipal Court judgment from the court clerk at 1339 Chestnut Street (Municipal Court Civil Division). You will need the docket number, the date of judgment, the full names of both parties exactly as they appear on the court record, and the amount of any monetary judgment. Request certified copies — you will need them for the appeal filing.

03

File the Notice of Appeal at the Court of Common Pleas

File the Notice of Appeal at the Philadelphia Court of Common Pleas Civil Division, City Hall Room 296. The filing fee is approximately $225–$275 (verify current fee at the clerk's office). If you cannot afford the filing fee, you may apply for In Forma Pauperis (IFP) status — a waiver based on financial hardship. Request the IFP forms when you file.

04

Obtain a Supersedeas (Stay of Eviction)

Filing the appeal alone does not automatically stay the eviction. You must also post a supersedeas bond — typically the equivalent of three months' rent — to stay the writ of possession while the appeal is pending. If you cannot afford the bond, apply for IFP status at the same time. A supersedeas granted under IFP prevents lockout while your appeal is heard.

05

Continue Paying Rent

During the appeal period, continue paying rent to the clerk of courts or into an escrow account as directed. Failure to pay rent during the appeal period can be grounds for dismissal of the appeal. The Court of Common Pleas may require you to demonstrate current rent compliance as a condition of allowing the appeal to proceed.

06

Prepare for De Novo Review

The Court of Common Pleas conducts a de novo review — a completely fresh hearing, not a review of the lower court's reasoning. This means you present your entire case again from the beginning. New evidence is allowed. Witnesses can be called. You are not limited to what was presented in Municipal Court. This is your best chance to get a different outcome.

07

Present Your Complete Defense

At the Court of Common Pleas hearing, present every defense available to you — good cause challenges, habitability, improper notice, landlord license status, retaliation, and any procedural defects. Because it is a fresh hearing, you can present evidence you did not have at the Municipal Court level. Organize your documents, prepare your witnesses, and present your timeline clearly.

Key Court Locations and Contacts

Municipal Court (original judgment)

1339 Chestnut Street, Philadelphia, PA 19107 Civil Division: (215) 686-7900

Court of Common Pleas (appeal)

City Hall, Room 296 Broad & Market Streets, Philadelphia, PA 19107 Filing window: 8:30 AM – 4:30 PM

IFP/Fee Waiver Applications

File at the Court of Common Pleas clerk's office at the same time as your appeal. Bring proof of income and expenses.

Philly Tenant Hotline

267-443-2500 Free legal guidance for tenants facing eviction in Philadelphia.

Frequently Asked Questions

Does filing an appeal stop the eviction?

Filing the appeal alone does not stop the eviction. You must also obtain a supersedeas — a court order staying the writ of possession — by posting a bond or qualifying for IFP status. Without the supersedeas, the landlord can apply for a writ of possession even while the appeal is pending.

What if I cannot afford the appeal filing fee?

Apply for In Forma Pauperis (IFP) status at the Court of Common Pleas clerk's office when you file. IFP waives or defers filing fees and the supersedeas bond for tenants who qualify based on income. Bring proof of income, your most recent bank statements, and proof of household expenses when you apply.

Can I raise new defenses on appeal?

Yes. Because the Court of Common Pleas conducts a de novo review, you can present new evidence, call new witnesses, and raise defenses you did not raise in Municipal Court. The appellate court does not limit itself to the Municipal Court record.

What happens if I win on appeal?

If the Court of Common Pleas rules in your favor, the eviction judgment is vacated. The landlord cannot evict you based on that proceeding. If rent was paid into escrow during the appeal, the court will determine how it is distributed.

Can the landlord also appeal?

Yes. If Municipal Court rules in your favor (dismissing the eviction), the landlord has 30 days to appeal to the Court of Common Pleas as well. The same de novo review applies.

Related Resources

How to Respond at the Municipal Court HearingGood-Cause Eviction ProtectionsSafe Healthy Homes Act GuidePhiladelphia Tenant Rights 2026

Every Defense. One Packet.

Philadelphia Eviction Defense Packet

8 jurisdiction-correct documents covering every defense — including the forms you need for your Municipal Court hearing and appeal preparation. Updated for the Safe Healthy Homes Act (2026).

Get the Packet — $299

Disclaimer: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm and does not provide legal representation. For legal assistance, contact PLA — 215-981-3800, CLS — 215-981-3700, or the Philly Tenant Hotline — 267-443-2500.