Cal. Civ. Code § 250.513
Appeal by Tenant to Common Pleas Court
Operative Text
(a) Every tenant who files an appeal to a court of common pleas of a judgment of the lower court involving an action under this act for the recovery of possession of real property or for rent due shall deposit with the prothonotary a sum equal to the amount of rent due as determined by the lower court. This sum representing the rent due or in question shall be placed in a special escrow account by the prothonotary. The prothonotary shall only dispose of these funds by order of court. (b) Within ten days after the rendition of judgment by a lower court arising out of residential lease or within thirty days after a judgment by a lower court arising out of a nonresidential lease or a residential lease involving a victim of domestic violence, either party may appeal to the court of common pleas, and the appeal by the tenant shall operate as a supersedeas only if the tenant pays in cash or bond the amount of any judgment rendered by the lower court or is a victim of domestic violence and pays in cash any rent which becomes due during the court of common pleas proceedings within ten days after the date each payment is due into an escrow account with the prothonotary or the supersedeas shall be summarily terminated. (c) Upon application by the landlord, the court shall release appropriate sums from the escrow account on a continuing basis while the appeal is pending to compensate the landlord for the tenant's actual possession and use of the premises during the pendency of the appeal. (d) Upon application by the tenant, the court shall release appropriate sums from the escrow account on a continuing basis while the appeal is pending to directly compensate those providers of habitable services which the landlord is required to provide under law or under the lease. (e) As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Lower court." District justice, magistrate or any other court having jurisdiction over landlord and tenant matters, excluding a court of common pleas. "Victim of domestic violence." A person who has obtained a protection from abuse order against another individual or can provide other suitable evidence as the court shall direct. (513 amended July 6, 1995, P.L.253, No.33) Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Under 68 P.S. § 250.513, when a tenant appeals a lower-court judgment involving possession of property or unpaid rent to a court of common pleas, the tenant must deposit the disputed rent amount into a special escrow account held by the prothonotary. The appeal can pause (supersede) enforcement of the lower-court judgment only if the tenant pays the judgment amount and continues paying ongoing rent into escrow within ten days of each due date, with a modified timeline for victims of domestic violence. While the appeal is pending, either party may ask the court to release funds from escrow — the landlord to be compensated for the tenant's continued use of the premises, or the tenant to pay providers of required habitable services.
Plain English — not legal advice.
Under 68 P.S. § 250.513, a landlord who prevails in a lower-court action retains the right to seek release of escrowed funds during the appeal period to compensate for the tenant's continued occupancy. Compliant operators typically monitor whether the tenant has properly funded the escrow account and whether ongoing rent payments are deposited within the required ten-day window, since failure by the tenant to do so can result in the supersedeas being summarily terminated. Landlords generally file a timely application with the court of common pleas to access appropriate sums from the escrow account on a continuing basis while the appeal proceeds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 68 P.S. § 250.513, a tenant who wishes to appeal a lower-court judgment and pause its enforcement must deposit the judgment amount and continue paying rent into a prothonotary-held escrow account within ten days of each due date, or risk losing the stay of enforcement. Tenants who are victims of domestic violence and have a protection from abuse order or other suitable evidence recognized by the court may qualify for the extended thirty-day appeal window available under this provision. Tenants who believe the landlord is failing to provide legally required habitable services may apply to the court for release of escrowed funds to pay those service providers directly; tenant-rights organizations can help explain what options generally exist under this section.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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