State Specific Question About: PENNSYLVANIA (PA)

For just the 2nd time in 20yrs I had to go through the entire legal process and do a constable overseen lock change.

The tenants left the night before; just what they could fit in their car. Left food, clothes, furniture, everything from the 3 br unit as well as a nasty note (after living free for 3mo's).

I know I have to give them 30 days to get their stuff. Can speed the process by telling them I'll drop it at a pay storage place and send them the receipt (so they can pay when they pick it up)???

My plan is to offer $100 cash if they clean out within 10 days with the storage unit threat as a backup.

Can I do this???

I know a Pennsylvanian ll can talk about what flies in Pennsylvania-- but when I had someone vanish, leaving behind a houseful of furniture, we discovered that Texas had no definition of abandonment. Our lease talked about how we could dispose of things that were left behind, but we had always dealt with small stuff, like an old tv, or an exercise bar, or a chair, that they were too lazy to take or throw away. So we took it nice and slow that time, but we made sure we amended our lease to deal with that issue more concretely in the future.

One thing we did was to define abandonment in two circumstances: if people have removed items from the building/no one has been in the building for x consecutive days after rent is due and unpaid; as well as when abandonment kicked in after the death of the sole tenant.

We also talked about how abandonment ends the Tenant's right of possession, and gives the ll the immediate right to clean up.

And we also have the tenant give us a lien on all non-exempt property and the case to execute it in case the tenant fails to timely pay rent.

Double check your understanding of PA law. In MO, once lock out day comes, I am legally entitled to throw all their stuff on the curb and I have ZERO DUTY to protect it from thieves or the weather. After 24 hours, anything that's left I can haul to the dump.

30 days may apply to abandonment of the premises like it does here in MO. But they did not abandon them premises: they were evicted. The whole point of eviction is to return possession to the land lord.

I don't know anything about the laws in PA, but here in CO, if we get as far as having the Sheriff show up for a set-out, LL can have the tenants belongings set out at the curb (LL is responsible for paying labor) and change the locks while the Sheriff is there. At that point, it is no longer the LL's problem as to what happens to their "stuff" and I imagine that it is a free-for-all for whomever wants to pick through it.

I know that Brad has some clause(s) in his lease to deal with abandonment of property and has said that he has delivered tenant's property to emergency contacts in the past.

you're kind of on track but not exactly. they have 10 days from the date the constable was there to notify you if they want their worldly goods. I trust you had the constable "evict" and post the property.

If they don't contact you, day 11 it's all yours to do with as you wish. IF they contact you within the 10 days, that's when the 30 days kicks in (but if they notify you on day 10 they only have 20 more days ... but I'd double check that part as I'm not 100% sure).

Thanks All.

Sid - You're lucky. I wish I could have thrown the stuff out with the key change.

Nicole - your explanation is what I understand; they have 10 days to contact and if they do they have a total of 30 days to clear stuff out. Unfortunately they already contacted, so I'm on hold until Dec. 29 at this point... which means no Jan 1 move in unless I can persuade them to come for their crap sooner. What I really envision is them waiting until Dec 27 then coming and getting 1 TV and a couple clothes, leaving me with disposal problems.

Lucky? I suppose... but I fail to see what the point of an eviction is if a tenant can leave stuff behind for a month simply by calling you and saying they still want their stuff. Even though you locked them out, for all intents and purposes, they are still stealing rent from you and using your property as a storage unit. That makes no logical sense whatsoever.

Moving to a storage Unit will create a bailment relationship, let alone the fact when you sign the contract to store the items if they do not get them in 30 days you will be billed for another 30 days until you personally remove the stuff from the unit

okay - they notified you so you are on the hook. You don't need to allow the items to remain in the unit. You can put those expensive items in a secure garage. You can rent a storage unit ... but you will pay up front and also be obligated. If they don't collect their goods (and pay the storage) within that 30 days, then you need to dispose of the items and probably pay for a second month of storage unless you can time it exactly right. Of course, they can't pay those fees because they have no money. Their worldly, expensive, items must be secured ... so means you probably can't get away with putting everything on their Uncle Joe's driveway with a blue tarp.

So ... offer them a storage unit. Have them load up their stuff, meet them at the storage office, have them put the contract in their name and you pay the first month. second month, you're out of it. Aren't you such a great guy helping them out by paying for one month upfront !?!?!?!?

You can also move all their stuff to the middle of every room while you clean and prep walls around it.

I'd look at what it will cost to move and rent a storage unit for a month. Get some boxes and start packing their stuff. Then call them and offer them cash to come get it, or provide a location for you to deliver it to (for less cash).

The worst that happens is that you have it all ready to move out on the very last day. The best is that they provide you with a place to bring it or they come get it.

Ooh, nhsailmaker, what a great idea. A POD. Today I offered $200 to come get their stuff and if they don't take it by next weekend I'll get a POD (Just checked ~$400 total for 1mo). That way I can clean and show the unit "Ah, yes, the previous tenant was a professional whose company relocated the family..."

I've been doing this for 20yrs with 10 units now and only 1 prior eviction. Always check credit AND employment/LL. Sometimes things just hit the fan...

here in GA. we place the items to the curb while sheriff watch's and eats his Chick fil a sandwich I brought him and my crew for breakfast. Sheriffs guys are pretty good actually.

stuff (junk from goodwill) they got for nothing is tossed to curb. This is why giving people stuff is no good-- it's really not their's so they don't care.