Ask a Lawyer
By: Steven M. Williams
Is there any way to evict a resident while he has a pending appeal from a possession judgment entered by the Magisterial District Judge?
Once an appeal has been properly filed, a stay of the eviction (called a supersedeas) takes effect. In order to keep the supersedeas in place, the resident must pay rent into court escrow while his appeal is pending. The payment is due to the Court every 30 days after the date the appeal was filed. Note that this may not coincide with the 1st of each month. As long as he continues to pay his rent into court escrow, you cannot evict him. If he fails to make a rent payment into court escrow, however, you can terminate the supersedeas and have the Magisterial District Judge issue an Order for Possession and evict him.
A resident accidentally discharged a handgun in our community over the weekend. Fortunately, no one was injured. However, it raises the question of whether I want to allow residents to have handguns in their homes. Can I prohibit my residents from owning handguns?
Since you are a private entity, you are entitled to prohibit weapons on your property.
But doesn’t the Second Amendment prohibit me from banning guns in my community?
No. The Second Amendment protection for gun owners only applies to governmental entities, not private businesses. I have seen some judges, though, refuse to enforce a landlord’s rule that prohibits the ownership or possession of a weapon. So, if you ban weapons altogether, you may have a rule that is not enforceable in your judicial district.
If I do not want to ban weapons in my community, is there a rule that you can recommend that will protect me if someone is injured with a weapon in my community?
I recommend a rule that states something such as: “No resident shall open-carry, brandish, threaten with, use or discharge any weapon within the community.”
