In Pennsylvania, landlords have specific rights and responsibilities regarding the storage and disposal of tenant property left behind after a tenant vacates. These are governed primarily by the Pennsylvania Disposition of Abandoned Personal Property Act (68 P.S. § 250.505a) and related laws.
When Property Is Considered Abandoned
Property may be deemed abandoned in several situations, including:
- The tenant has vacated the unit following lease termination.
- An eviction order has been executed and the tenant has vacated and removed most personal property.
- Other similar circumstances where the tenant leaves property behind after possession is regained by the landlord.
Landlord Responsibilities
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Document and Store Property Safely
Landlords should create an itemized list of all abandoned items and take photographs to document their condition. This helps prevent disputes about damage or loss.
The landlord must store the property in a safe place, which can be on-site or at another secure location. The landlord chooses the storage location, but it must be secure. -
Provide Written Notice to Tenant
Before disposing of or removing the property, the landlord must send a written notice to the tenant by first-class mail to the rental address and any forwarding or emergency address provided by the tenant.
The notice must inform the tenant that the property is considered abandoned and that they have 10 days from the postmark date to either retrieve the property or request that it be stored for up to 30 days.
The notice should include:- An itemized list or description of the property
- The deadline for retrieval
- The storage location
- Any charges related to storage
If the tenant requests storage, the landlord must retain the property for up to 30 days from the notice date, and the tenant is responsible for reasonable storage costs.
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Disposal or Sale of Property
- If the tenant does not respond or retrieve the property within the specified time, the landlord may dispose of or sell the property.
- If the property's value is under $500, the landlord can dispose of it after 10 days.
- If the property's value exceeds $500, the landlord must wait 60 days before disposing or selling it, typically by public auction.
- If the tenant owes unpaid rent, the landlord may retain the abandoned property as security and deduct its value from the amount owed, potentially suing for any remaining balance.
Tenant Financial Responsibility
- The tenant is responsible for any reasonable and actual costs related to removal or storage of their property, but only if they retrieve the property after the initial 10-day period and before the 30-day storage limit.
Summary Table: Pennsylvania Landlord Duties for Abandoned Tenant Property
| Step | Requirement/Action | Timeframe/Notes |
|---|---|---|
| Identify abandoned property | Tenant vacated or eviction executed | |
| Document property | Itemize and photograph items | Before storage or disposal |
| Store property safely | Secure location chosen by landlord | Up to 30 days if tenant requests storage |
| Notify tenant | Written notice by first-class mail to tenant's address(es) | Tenant has 10 days from postmark to respond |
| Tenant retrieval or request | Tenant can retrieve or request storage | 10 days to respond; storage up to 30 days |
| Disposal or sale | Dispose if value < $500 after 10 days; if > $500, wait 60 days before sale or disposal | Public auction common for sale |
| Tenant pays storage costs | Tenant responsible for reasonable storage costs if retrieving after 10 days | |
| Landlord may retain property | As security for unpaid rent, deducting value from owed amount | Can sue tenant for balance if needed |
This framework protects both landlords and tenants by ensuring proper notice, opportunity for retrieval, and clear rules on disposal and costs.
🔴 Immediate Actions (Today or ASAP)
- Identify and Secure Property: If you are a landlord and have just regained possession of the rental unit, immediately check for any tenant property left behind. Carefully collect and secure these items in a safe location.
- Document Everything: Make a detailed list of all items left by the tenant. Take clear photographs of each item and the overall condition to prevent future disputes.
- Locate Tenant Contact Information: Find the tenant’s last known rental address, any forwarding address, or emergency contacts to send notices.
🟡 Short-Term Steps (This Week)
- Send Written Notice: Mail a written notice by first-class mail to the tenant’s rental address and any forwarding or emergency addresses. The notice must include:
- A detailed list or description of the abandoned property
- The deadline for retrieval (10 days from postmark)
- The storage location of the property
- Any charges related to storage
- Prepare for Tenant Response: Be ready to accept tenant requests to retrieve property or to store it for up to 30 days.
- Keep Records of Mailing: Save proof of mailing (receipt, tracking) and keep copies of the notice sent.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Monitor Tenant Response: Wait 10 days from the postmark date for tenant to respond or retrieve property.
- If Tenant Requests Storage: Store the items safely for up to 30 days, charging reasonable storage fees to the tenant.
- If No Response or Retrieval: For property valued under $500, you may dispose of it after 10 days. For property over $500, wait 60 days before selling or disposing, usually by public auction.
- Apply Property Value to Unpaid Rent: If tenant owes rent, you may keep the property as security, deducting its value from the owed amount and possibly suing for any remaining debt.
- Keep Detailed Records: Maintain all documentation, notices, responses, and records of disposal or sale for your protection.
Your Legal Rights
As a Landlord in Pennsylvania: You have the right to reclaim possession of your property and handle abandoned tenant belongings following the Pennsylvania Disposition of Abandoned Personal Property Act (68 P.S. § 250.505a). You must provide proper written notice and allow tenants a chance to retrieve their property. You can charge reasonable storage fees if tenants request storage beyond 10 days, and you may dispose of or sell property under specified conditions.
As a Tenant in Pennsylvania: You have the right to receive written notice about your abandoned property and at least 10 days to retrieve it or ask for storage up to 30 days. You can be charged reasonable storage fees if you retrieve property after 10 days. If you owe rent, your abandoned property may be used to cover unpaid amounts.
Where to Get Help
- Pennsylvania Legal Aid: Contact local legal aid offices for free or low-cost advice on landlord-tenant issues. Visit palegalaid.net.
- Pennsylvania Attorney General’s Office: For consumer protection and landlord-tenant guidance, visit attorneygeneral.gov or call their helpline.
- Local Housing Authority: Reach out to your city or county housing authority for information on tenant and landlord rights.
- Small Claims Court: If disputes arise over property value or unpaid rent, you may consider filing a claim in small claims court.
- Keep All Documentation: Save notices, photos, receipts, and correspondence related to the abandoned property for any legal proceedings.
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