Five Reasons To Send Departing Tenant the Abandoned Property Notice.

Posted By Cliff Tuttle | September 5, 2016

Image: Wikipedia

No. 1,280

Here are 5 reasons you should mail every tenant the notice provided in 68 P.S. Section 250.505, the Landlord and Tenant Act.  Although it is not mandatory to do so, and many or most landlords do not, following the procedures outlined in the act could prevent costly trouble. The following does not apply when an order of possession has been served by the constable or writ of possession has been served by the sheriff, because the notice is incorporated into the order. The provision does not apply when the tenant is deceased.  It then becomes a matter of estate administration through the orphan’s court.

A similar notice should be included in the lease or a lease addendum. If the lease or addendum does not contain such a provision, a copy must also be mailed to any emergency contact set forth in the lease.

1. What may appear to the landlord be trash may contain items that the tenant wishes to retrieve.  By giving a notice you cover everything.
2. If a landlord violates the provision, he/she/it shall be subject to treble damages, attorneys fees and court costs.
3. Once the applicable time period has expired, the landlord may discard anything and everything.
4. The landlord can also sell some or all of the property, although any amount collected above that owed to the landlord must be paid to the tenant.
5. If the notice is not sent, under the literal language of the statute, the property can never be removed.

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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