Pennsylvania laws on disposal of a tenant's property after eviction are governed primarily by Pennsylvania’s Disposition of Abandoned Personal Property Act (68 P.S. § 250.505a) and Pennsylvania Act 129, which provide a clear framework for landlords on how to handle property left behind by tenants.
Key points include:
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When the law applies: The rules apply when a tenant has vacated the premises after lease termination, after an eviction order has been entered and executed, or when the tenant has removed substantially all personal property but left some behind.
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Notice to tenant: After the landlord takes possession of the property containing the tenant’s belongings, the landlord must send a written notice to the tenant informing them that their property remains on the premises and that they have 10 days from the postmark date of the notice to either retrieve their property or request that it be stored for an additional period.
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Storage period: If the tenant requests storage, the landlord must hold the property for up to 30 additional days from the date of the tenant’s request.
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Disposal of property: If the tenant does not respond within the initial 10-day period, or if the tenant fails to retrieve the property within the 30-day extended period, the landlord is then legally permitted to dispose of the property.
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Proceeds from sale: If the landlord sells the tenant’s property, any proceeds remaining after covering the costs of sale must be sent to the tenant.
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Legal eviction required: The landlord can only remove a tenant’s property after a lawful eviction process has been completed through the court system; landlords cannot forcibly remove tenants or their belongings without a court order.
This legal framework ensures tenants have a fair opportunity to reclaim their belongings after eviction while providing landlords with clear procedures to avoid liability when disposing of abandoned property.
🔴 Immediate Actions (Today or ASAP)
- Confirm eviction status: Make sure the eviction was legally completed through the court system. Without a court order, the landlord cannot legally remove or dispose of your belongings.
- Check for notice: Look for any written notice from the landlord about your property. This notice should inform you that your belongings remain and give you 10 days to respond.
- Gather evidence: Collect any documents related to your tenancy, eviction, and communications with your landlord, including notices, lease agreements, court orders, and any messages/emails.
- Contact the landlord: If you have not received a notice, reach out to the landlord immediately to ask about your property and request the written notice required by law.
🟡 Short-Term Steps (This Week)
- Respond to notice: If you received the landlord's written notice, respond within 10 days. You can either arrange to retrieve your belongings or request that the landlord store them for up to 30 more days.
- Arrange pickup: Plan to collect your property promptly to avoid loss or disposal.
- Document communication: Keep copies of all letters, emails, and notes from phone calls with the landlord regarding your property.
- Seek legal advice: If you believe the landlord did not follow legal procedures or you are at risk of losing your belongings unfairly, contact a tenant’s rights organization or legal aid for advice.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Monitor storage period: If you requested storage, keep track of the 30-day period and plan to retrieve your belongings before it expires.
- Prepare for potential disputes: If the landlord disposed of your property without following the legal steps, gather all evidence and consider filing a complaint or lawsuit for wrongful disposal.
- Know your rights for proceeds: If your property was sold, ask the landlord for an accounting of sale proceeds and request any remaining funds after costs.
- Keep records: Maintain a detailed file of all related documents and communications for future reference or legal action.
Your Legal Rights
Under Pennsylvania law (68 P.S. § 250.505a and Act 129):
- You have the right to receive written notice from the landlord if your property remains after eviction.
- You have at least 10 days to respond to the notice to retrieve your belongings or request storage.
- If you request storage, the landlord must hold your property for up to 30 more days.
- The landlord cannot dispose of your property until these notice and storage periods have passed.
- The landlord must sell your property if disposing of it and send you any leftover money after costs.
- The landlord cannot forcibly remove your belongings without a court eviction order.
If these rights are violated, you may have legal grounds to recover your property or seek damages.
Where to Get Help
- Pennsylvania Legal Aid Network: Free or low-cost legal help for tenants. Visit palegalaid.net or call their hotline.
- Local Tenant Rights Organizations: Many cities have tenant unions or advocacy groups that can help explain your rights and assist with disputes.
- Pennsylvania Attorney General’s Office: Consumer Protection Division can provide information and assistance. Website: attorneygeneral.gov
- Housing Counseling Agencies: HUD-approved agencies can offer advice and mediation services. Find one at hud.gov.
- Keep all documents: Lease agreements, eviction notices, court orders, landlord communications, and any notices about your property.
If you feel your property is at immediate risk of unlawful disposal, consider contacting local law enforcement or a legal aid attorney promptly.
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