Asserting Your Rights to a Full 10-Day Consecutive Period to Remove Belongings After Eviction in PA
To assert your rights to a full 10-day consecutive period to remove belongings after eviction in Pennsylvania, follow these steps:
Understanding Pennsylvania Law
- Legal Framework: Pennsylvania Law, specifically 68 P.S. §250.505a, provides that tenants have 10 days from the postmark date of the landlord's written notice to retrieve their belongings left behind after eviction or moving out.
- Notice Requirement: The landlord must send a written notice to the tenant's new address, if known, or to the vacated premises, informing them of the need to retrieve their belongings within the specified timeframe.
Steps to Assert Your Rights
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Receive and Acknowledge the Notice:
- Ensure you receive the written notice from your landlord. This notice should inform you about the presence of your belongings and the deadline to collect them.
- Keep a record of the postmark date, as this is crucial for calculating the 10-day period.
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Notify Your Landlord:
- Within the 10-day period, notify your landlord of your intention to retrieve your belongings. This can be done via phone call and should be followed up with a written letter to ensure there is a paper trail.
- Keep a copy of the letter for your records.
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Request Additional Time if Needed:
- If you need more time to collect your belongings, you can request that the landlord store them for an additional period not exceeding 30 days from the date of the notice.
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Arrange for Retrieval:
- Once you have notified your landlord, arrange a time to collect your belongings within the agreed-upon timeframe.
- Be prepared to cover any costs associated with storing your belongings, as you may be responsible for these expenses.
Important Considerations
- Communication is Key: Clear and timely communication with your landlord is essential to avoid misunderstandings and ensure you can retrieve your belongings within the legal timeframe.
- Documentation: Keep all correspondence and agreements in writing to protect your rights and provide evidence if disputes arise.
By following these steps and understanding your rights under Pennsylvania law, you can ensure that you have a full 10-day consecutive period to remove your belongings after eviction.
🔴 Immediate Actions (Today or ASAP)
- Check for the Landlord's Written Notice: Look carefully for any written notice from your landlord about your belongings after eviction. This notice must be postmarked and sent to your new address (if known) or the vacated property.
- Record the Postmark Date: Note the date stamped on the landlord's notice. This starts your 10-day period to remove belongings.
- Keep All Notices and Documents: Save the landlord's notice and any related documents or mail safely for your records.
🟡 Short-Term Steps (This Week)
- Notify Your Landlord in Writing: Contact your landlord immediately to inform them you intend to retrieve your belongings. Do this by phone, then send a follow-up letter or email confirming your intent. Example:
"Dear [Landlord's Name], I am writing to confirm that I intend to retrieve my belongings left at [property address]. Please let me know a convenient time to arrange pickup within the 10-day period starting from [postmark date]. Thank you." - Request Additional Storage Time if Needed: If you cannot collect your belongings within 10 days, ask your landlord in writing to store them for up to 30 more days. Keep a copy of this request.
- Gather Identification and Proof of Residency: Prepare any ID and documents proving your tenancy or ownership of the belongings to present when retrieving them.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Arrange Pickup: Schedule a specific date and time with your landlord to collect your belongings within the agreed timeframe.
- Prepare for Possible Costs: Be ready to pay reasonable storage fees if your landlord charges for holding your belongings.
- Document Everything: Keep copies of all communications, receipts, and any agreements about pickup or storage fees.
- If Problems Arise: If the landlord refuses to allow pickup, discards your belongings, or charges unreasonable fees, consider seeking legal advice or assistance.
Your Legal Rights
Under Pennsylvania law (68 P.S. §250.505a), after eviction, your landlord must provide you with a written notice (sent to your new address if known or the vacated property) informing you of your belongings and giving you a full 10 consecutive days from the postmark date to retrieve them.
You have the right to:
- Receive this written notice.
- Have 10 full days to remove your belongings.
- Request up to 30 additional days of storage if you cannot pick up your belongings within 10 days.
- Be informed of any storage fees, which you may be responsible for paying.
Your landlord cannot legally dispose of your belongings before the 10-day period expires without your consent.
Where to Get Help
- Pennsylvania Legal Aid: Contact your local legal aid office for free or low-cost legal advice about eviction and property rights. Visit PA Legal Aid or call 1-877-429-5994.
- Pennsylvania Department of Community and Economic Development: For housing-related questions and tenant rights information, visit dced.pa.gov.
- Local Tenant Rights Organizations: Search for tenant advocacy groups in your county for support and guidance.
- Consumer Protection: If you believe your landlord is violating your rights, contact the Pennsylvania Attorney General’s Consumer Protection Division at 1-800-441-2555.
- Keep Records: Store all documents, notices, and communications safely. If needed, you can use these in court or mediation.
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