In Pennsylvania, landlords have the right to charge tenants for storage fees of personal property left behind after eviction, but this right is subject to specific legal requirements and timelines.
Here are the key points regarding a landlord’s right to charge fees for storing a tenant’s property after eviction:
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Notice Requirement: After a tenant is legally evicted or vacates the premises, if personal property is left behind, the landlord must provide the tenant with a written notice giving the tenant 10 days to inform the landlord of their intention to retrieve the property. This notice can be sent by mail to the tenant’s forwarding address or to the vacated premises if no forwarding address is known.
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Tenant Response and Storage Period: If the tenant notifies the landlord within the 10-day period that they want to retrieve their belongings, the landlord is required to store the property for at least 30 days and must exercise “ordinary care” in safeguarding the property during this time.
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Charging Storage Fees: The landlord cannot charge the tenant for retrieving the property if the tenant comes within the first 10 days after eviction. However, if the tenant contacts the landlord after the initial 10-day period but within the 30-day storage period, the landlord may charge reasonable storage fees for holding the property.
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Disposal of Property: If the tenant does not respond within 10 days or does not retrieve the property within the 30-day storage period, the landlord may dispose of or sell the property. If sold, the landlord may keep enough of the proceeds to cover storage costs and any outstanding obligations but must return any excess to the tenant.
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Reasonableness and Actual Costs: Storage fees must be reasonable and reflect actual costs incurred by the landlord. The landlord may also recover other actual damages and reasonable attorney’s fees related to the eviction process.
In summary, Pennsylvania law protects tenants by requiring landlords to notify them and provide a reasonable period to reclaim property, and landlords can only charge storage fees if the tenant delays retrieval beyond the initial 10 days but within the 30-day storage period. The landlord must act with ordinary care in storing the property and can only recover reasonable costs.
This framework balances the landlord’s interest in recovering costs with the tenant’s right to reclaim personal belongings after eviction.
🔴 Immediate Actions (Today or ASAP)
- Check your eviction status and timeline: Confirm the exact date you were evicted or vacated the property.
- Look for any written notice from your landlord: Find the 10-day written notice about your left-behind property. Check mail, email, or any messages.
- Respond promptly if you want your belongings: If you have not yet informed the landlord, do so immediately in writing (email or certified mail) stating your intention to retrieve your property.
- Document everything: Save copies of all communications with your landlord, including notices, your responses, and any receipts or photos of your property.
- Gather evidence of your belongings: Take photos or videos of the items left behind if possible, and list them with approximate values.
🟡 Short-Term Steps (This Week)
- Confirm storage fees and charges: Ask your landlord in writing for an itemized list of any storage fees, explaining the basis for these charges.
- Arrange to retrieve your property: Schedule a time to pick up your belongings within the 30-day storage period if you have already notified the landlord.
- Keep records of retrieval: When you collect your items, request a written receipt or sign a document acknowledging you received your belongings.
- Dispute unreasonable fees: If you believe storage fees are excessive or unfair, document why and prepare to negotiate or seek help.
- Do not ignore deadlines: Missing the 30-day retrieval window can result in loss of property rights.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Review your lease and eviction paperwork: Understand your rights and any clauses related to property left behind.
- If fees seem unfair, consider legal advice: Contact a tenant rights organization or lawyer to review your case.
- Keep all correspondence organized: This will be important if you need to dispute charges or file a complaint.
- Monitor any disposal or sale of your property: If your belongings are sold, ensure you receive any excess proceeds after storage fees are deducted.
- Plan for future tenancy: Learn your rights to avoid similar issues; consider negotiating lease terms or documenting communications carefully.
Your Legal Rights
- Right to written notice: Your landlord must give you a written 10-day notice after eviction about your left belongings.
- Right to reclaim property: You have at least 10 days to notify the landlord and 30 days to retrieve your property.
- Storage fees: You cannot be charged storage fees if you retrieve your property within the first 10 days after eviction. After that, fees must be reasonable and reflect actual costs.
- Landlord’s duty of care: The landlord must exercise ordinary care in storing your property.
- Disposition of property: If you do not respond or retrieve within the timeframes, the landlord may dispose of or sell your property but must return any extra money after costs.
- Right to dispute fees: You can challenge unreasonable fees or improper disposal.
Where to Get Help
- Pennsylvania Tenant Resource Center: Provides free information and assistance on tenant rights. Visit PHRC or call local tenant hotlines.
- Legal Aid Organizations: Contact organizations like Pennsylvania Legal Aid Network for free or low-cost legal help.
- Local Housing Authority: They can offer guidance and mediation services.
- Consumer Protection Agency: For disputes over fees or landlord conduct.
- Small Claims Court: If needed, you can sue for return of property or unreasonable fees (usually for smaller amounts).
- Emergency Help: If you face homelessness or urgent housing needs, contact local shelters or social services.
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