magistrate's court decision (Pittsburgh: lease, crime, eviction)

[Onile]

So my landlord filed for eviction when I was less than 2 weeks late with rent--I paid him a reduced rent for a good reason--lack of repairs.

My lease specifies that he has to give me 30 days notice of lease termination in case of non-payment of rent, during which time I can pay the rent in full with no penalty. The notice has to be in writing & sent by mail.

The landlord did none of that. Whe we were negotiating, he just got mad & filed one day. He made several mistakes about the payment due & the amount of the security deposit on the filing papers.

I took the lease to magistrate's court , also pointed out the mistakes, & asked for dismissal. The magistrate took a quick look--I don't think he even read the lease, heard some testimony, asked no questions, said he would decide in 3 days time, then decided the same day, giving the landlord everything he asked for, mistakes & all. He did not even take into consideration the violation of the lease's notification requirement.

I only got the judgment today by mail (Saturday), but the landlord seemed to know about it hours after the hearing.

I'm filing an appeal on Monday morning. However, is there someplace I can also complain about the magistrate? It seems pretty incompetent to not even look at the lease before making judgment.

[Hopes]

Originally Posted by Onile

I'm filing an appeal on Monday morning. However, is there someplace I can also complain about the magistrate?

Voting polls at election time. Magistrates are elected officials. You can vote them out of office.

Here's how to file a complain in PA: http://www.aopc.org/Links/Public/ (broken link)

It's the section under "conducting business in courts" called "do you have a complaint about a judge?

[Onile]

thanks. I will do that.
When I asked for dismissal, & said why, the landlord seemed surprised, took my co0y of the lease where I had highlighted the relevant passage, passed it to the judge, the judge took it,glanced at it for seconds, gave it back immediately neither said yay or nay, & then proceeded with the case, to my surprise. I expected at least a comment.

[Benzman66]

I think you should consult an attorney. Get one on YOUR side and fry the landlords behind.

[PeeAye Native]

Originally Posted by Benzman66

I think you should consult an attorney. Get one on YOUR side and fry the landlords behind.

based on your description, I'll strongly agree with this.

[Onile]

ok, so I can get a lawyer & appeal & get the verdict reversed.

The lease is really black & white about what happens upon non-payment of rent --& he didn't follow the procedure, plus he put down wrong information on the court papers.
I can't believe that the verdict could possibly stand on appeal.

the landlord did not come with lawyer, admitted he had put down the wrong information,didn't argue that he hadn't followed the lease, & even suggested a settlement for less money.

But.....what really, really bugs me is that the magistrate didn't look at the lease, didn' respond to my request for dismissal,& gave a verdict including the wrong amount of rent and wrong amount of deposit. that the landlord had admitted was wrong! (he couldn't deny it, it was all in writing).

What can be done about that kind of a scofflaw magistrate? Voting him out in a couple of years is one thing. And I'm mad enough to get on that bandwagon. But...how often are his decisions that bad? Does he always not look at documentary evidence?
This wasn't even contested by the landlord, who just looked flummoxed! and yet, the decision went against me, with absolutely no explanation.
So isn't there someone in the justice system who pays attention t this sort of thing?

[Hopes]

Originally Posted by Onile

But.....what really, really bugs me is that the magistrate didn't look at the lease...

The lease was left with him. He could have reviewed it afterwards. Probably not. But verdicts get overturned every day by higher courts so his verdict alone isn't proof.

Originally Posted by Onile

So isn't there someone in the justice system who pays attention to this sort of thing?

I posted the link above. Did you not read it?

[Onile]

No!!!!!!
The lease was not left with the judge!
He glanced at it & passed it back!
He did not even read it!

[SteelCityRising]

It sounds to me as if the judge may have known the landlord personally. While judges are supposed to be impartial and remove their own personal biases I am well aware of the fact that the tight-knit small-town atmosphere Pittsburgh has can easily lend it to this sort of situation. When I was having a legal issue in Northern Virginia related to someone from this forum I approached Fairfax County police, who told me fraud wasn't a crime and to hire my own personal investigator and pursue the matter in civil court. I had always been led to believe otherwise, but what do I know?

[Onile]

Yeah. If I were guessing from appearances, that is sure what it looks like.
The landlord came in wearing dirty work clothes, presented n evidence, & agreed that he'd made mistakes in filing....& in retrospect, he seemed to know the verdict the same day.

The judge also did not look at any of the other documents I had brought!