Pennsylvania Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   Pennsylvania's abandoned tenant property notice is the written notice of the tenant's rights regarding the property that Section 505.1(d) of the Landlord and Tenant Act of 1951 requires before abandoned property is removed or disposed of. Section 505.1(e) supplies its words, to be used in substantially this form: the property remaining at the address is now considered abandoned; the tenant must retrieve wanted items or contact the landlord, at a stated telephone number and address, within ten days of the postmark date; and storage, if requested, lasts up to thirty days at the tenant's cost.

2. 2

   Goods may be deemed abandoned in five situations under Section 505.1(b): the tenant vacated after a written lease terminated; an eviction order or order for possession was entered and the tenant vacated and removed substantially all personal property; such an order was executed; the tenant gave written notice of a forwarding address, vacated and removed substantially all personal property; or the tenant vacated without communicating an intent to return, rent is more than fifteen days past due, and the landlord has since posted notice of the tenant's rights regarding the property.

3. 3

   The ten days run from the postmark date, so the date stamped on the envelope controls rather than the day the letter arrives. The notice goes by first class mail to the tenant at the address of the leased premises and to any forwarding address the tenant provided, including an address given for emergency purposes. Keep a copy of the letter and a record of each address used.

4. 4

   If the tenant asks within the ten days, Section 505.1(d) says the landlord must retain or store the property for up to thirty days from the date of the notice. Storage is at a place of the landlord's choosing and the tenant is responsible for the costs. Throughout, the landlord shall exercise ordinary care in handling and securing the property and must make it reasonably available for retrieval.

5. 5

   Section 505.1(f) draws a hard line around occupied homes: under no circumstances may a landlord dispose of or otherwise exercise control over personal property remaining upon inhabited premises without the express permission of the tenant. And if the conditions that allowed the goods to be deemed abandoned no longer exist, the landlord has no right to dispose of or control them.

6. 6

   Two further rules change the outcome. Where a landlord proceeds on an executed eviction order or order for possession and knows of, or is told about, a protection from abuse order for the tenant or a member of the tenant's immediate family, nothing may be disposed of or controlled for thirty days from the date of the notice. And a deceased tenant's belongings fall outside the section entirely; 20 Pa.C.S., the decedents, estates and fiduciaries title, governs them.

7. 7

   Once the period has run, Section 505.1(a) says abandoned property may be disposed of at the discretion of the landlord, subject to the section. The statute sets no dollar threshold, no sale procedure and no rule on proceeds or surplus. Where it conflicts with a written lease, the lease terms control, except for the protection from abuse rule. A landlord that violates the section is subject to treble damages, reasonable attorney fees and court costs.

Pennsylvania Requirements for Abandoned Tenant Property Notice

• One of the Five Section 505.1(b) Abandonment Situations

  Identify which situation applies: vacating after a written lease ended, an eviction order or order for possession entered (with vacating and removal of substantially all property) or executed, a written forwarding address plus vacating, or vacating with rent more than fifteen days past due followed by a posted notice of rights. Record the date and the evidence.

• The Printed Section 505.1(e) Wording

  Use the statutory text in substantially its printed form: the property at the address is now considered abandoned, retrieve wanted items or contact the landlord within ten days of the postmark date, storage on request for up to thirty days at a place of the landlord's choosing, and the tenant responsible for storage costs.

• The Landlord's Telephone Number and Address

  The printed form leaves a blank for the landlord's telephone number and address, which is where the tenant asks for the property to be retained or stored. Use contact details that are answered during the ten days, since a storage request made in time obliges the landlord to hold the goods.

• First Class Mail to Every Address Given

  Send by first class mail to the address of the leased premises and to any forwarding address the tenant provided, including an address given for emergency purposes. Keep proof of the postmark date, because the tenant's ten days run from it.

• Storage on Request for Up to Thirty Days

  If the tenant asks within the ten days, retain or store the property for up to thirty days from the date of the notice, at a place of the landlord's choosing. The tenant is responsible for the costs. Record the location, the dates and the charges.

• Ordinary Care and Reasonable Access

  Section 505.1(d) requires the landlord at all times to exercise ordinary care in handling and securing the tenant's property and to make it reasonably available for retrieval. Photograph and list the items when they are moved and note who has access.

• The Protection From Abuse Hold and the Lease Check

  Where proceeding on an executed order with knowledge or notice of a protection from abuse order for the tenant or an immediate family member, hold the goods for thirty days from the notice. Otherwise check the written lease: its disposal terms control in a conflict under Section 505.1(g).

• A Record of Disposal and the Treble Damages Rule

  The statute leaves disposal to the landlord's discretion once the period has run and sets no sale or proceeds procedure. Record the date, the method and any money received. A violation of the section carries treble damages, reasonable attorney fees and court costs under Section 505.1(i).