Pennsylvania landlord tenant law contains a few provision that concern personal property on the rented premises. One statute in particular has to do with the “power to distrain” for rent by the landlord. This is a legal term with historical roots, and indeed the law was put on the books in Pennsylvania in the 1800s. Power to distrain means the landlord can take personal property of the tenant, with some exceptions, as payment for unpaid rent. The idea is that the landlord would obtain an impartial appraisal of the value of such property and liquidate (sell) the property as payment for the unpaid rent. While cattle, bibles, sewing machines, and some military items are exempt from distraint, distraint is not a common practice for present day landlords in Pennsylvania, although the statute remains in the landlord tenant act. For more information, check out 68 P.S. § 250.302 and 68 P.S. § 250.401 et seq.
Abandoned personal property
Some landlords will have to deal with abandoned personal property that is left behind by a departing tenant, or by a deceased tenant. There are laws that dictate how a landlord can deal with such abandoned personal property. The first step is to determine if the property has been abandoned. Personal property is considered to be abandoned in any of these circ*mstances:
- The tenant has vacated the premises following the termination of a written lease;
- An eviction order or order for possession in favor of landlord has been entered and tenant has vacated the premises and removed substantially all personal property;
- An eviction order or order for possession in favor of landlord has been executed;
- The tenant has provided landlord with written notice of a forwarding address and has vacated the premises and removed substantially all personal property;
- The tenant has vacated the premises without communicating an intent to return, the rent is more than fifteen days past due and, subsequent to those events, landlord has posted notice of tenant’s rights regarding the property (the form of notice)
It is important to note that in Pennsylvania, disposing of personal property remaining on the premises by a deceased tenant is governed by the provisions of 20 Pa.C.S. §§ 711(1) (relating to mandatory exercise of jurisdiction through orphans’ court division in general) and 3392 (relating to classification and order of payment) and other relevant provisions of 20 Pa.C.S. (relating to decedents, estates and fiduciaries). A landlord in this situation will need to review those statutes and even consult with a qualified real estate attorney to confirm the order of events and requirements of the landlord in disposing of the property.
A special protection for personal property exists for tenants or immediate family of the tenant who are victims of abuse and have a protection from abuse order (68 P.S. § 250.505a(h)). If a landlord takes action to evict the tenant, and is then notified of said protection from abuse order, the landlord shall refrain from disposing or otherwise taking control of the tenant’s personal property for thirty days after having received the notice.
Notice Required
The landlord must provide a written notice to the tenant before removing or disposing of abandoned property (68 P.S. § 250.505a). The notice will inform the tenant of their rights regarding the property, which includes giving them ten days from the postmark date of the notice to retrieve the property or to request that the property be stored for up to thirty days. If the tenant so requests, the landlord must retain or store the property for up to thirty days from the date of the notice. The landlord gets to choose the storage location and the tenant is responsible for costs of storage. Storage will be provided at a place of Landlord’s choosing and Tenant shall be responsible for costs.
The notice must be sent by first class mail to the tenant at the address of the premises and to any forwarding address provided by the tenant, including any address provided for emergency purposes. The statute lays out the form of the notice:
Personal property remaining at (address) is now considered to have been abandoned. Within ten days of the postmark date of this notice, you must retrieve any items you wish to keep or contact your landlord at (telephone number and address) to request that the property be retained or stored. If requested, storage will be provided for up to thirty days from the postmark date of this notice at a place of your landlord's choosing, and you will be responsible for costs of storage.
I'm an expert in landlord-tenant laws, particularly focusing on the Pennsylvania legal framework. My in-depth knowledge extends to various provisions, historical roots, and practical applications of these laws. Now, let's delve into the concepts outlined in the provided article:
-
Power to Distrain for Rent: The article mentions a legal provision related to the "power to distrain" for rent by landlords. This historical term, rooted in the 1800s, allows landlords in Pennsylvania to take personal property of tenants, excluding specific items, as payment for unpaid rent. The landlord must obtain an impartial appraisal of the property's value and sell it to recover the unpaid rent. The relevant statutes are 68 P.S. § 250.302 and 68 P.S. § 250.401 et seq.
-
Abandoned Personal Property: Landlords may encounter abandoned personal property left behind by departing or deceased tenants. The article defines when personal property is considered abandoned, including scenarios such as the tenant vacating after lease termination or an eviction order being executed. Disposal of personal property left by a deceased tenant is governed by specific statutes, including 20 Pa.C.S. §§ 711(1) and 3392.
-
Special Protection for Abuse Victims: Special protection exists for tenants or their immediate family who are victims of abuse and have a protection from abuse order (68 P.S. § 250.505a(h)). If a landlord initiates eviction and is later notified of a protection order, they must refrain from disposing or taking control of the tenant's personal property for thirty days after receiving the notice.
-
Notice Requirements: Before removing or disposing of abandoned property, the landlord must provide written notice to the tenant (68 P.S. § 250.505a). This notice informs the tenant of their rights, including the option to retrieve the property within ten days or request storage for up to thirty days. The tenant bears the responsibility for storage costs, and the landlord can choose the storage location.
-
Notice Form: The statute outlines the required form for the notice. It must be sent by first-class mail to the tenant at the premises address and any forwarding address provided. The notice includes information about the abandoned property, the tenant's rights, and the landlord's contact details. It emphasizes the tenant's obligation to retrieve the property within ten days or request storage.
In summary, Pennsylvania landlord-tenant law involves historical legal concepts like the power to distrain for rent, specific provisions for handling abandoned personal property, and special protections for abuse victims. Landlords must adhere to notice requirements and follow statutory procedures, with a clear understanding of their responsibilities and tenants' rights.
