Pennsylvania eviction and personal property

[burghbiz]

Hello,



I have a friend who was evicted due to some rent issues (dont know reason) but the office manager of the apartments kicked her out and wont let her get her personal things.

Some of the things she wants to get are business docs, medical docs for herself and her children...

I thought this was illegal to do in PA but everytime she asks when do you want to arrange for me to get my property the office says never and hangs up.

Can anyone with any knowledge of the eviction laws in PA please help me so I can guide my friend in a direction.

[Gail_in_Georgia]

A landlord/management cannot simply "kick" someone out of a rental unit. Only a court can grant an actual eviction and before that can happen, the landlord/managment has to follow some pretty strict guidelines in Pennsylvania:

http://rhol.org/csu/evictions/PA/PennsylvaniaSteps.htm

Gail

[burghbiz]

Well they went through the proper steps but the landlord is refusing to give her back the personal items she couldnt take with her at the time such as.

Clothing for her and her kids, baby formula, business documents and medical documents which I thought the landlord is not entitled to these things??

[jacksgal]

Did the Marshall's come and remove her or did she leave on her own before Marshall's arrival? When was court deadline for her to leave and when did she leave?

[burghbiz]

The state constable came and removed her. He told her to contact the office about letting her in for her things, which she did and they said no you will not get them.

[jacksgal]

Gail will know for sure but here in CA if you are removed by Law Enforcement you get what you take everything else is tossed to the curb. This means she forfieted anything left behind remember the Landlord needs place free of her belongings so the dwelling can be made ready to rerent

[burghbiz]

Yeah I have heard of that but I recall hearing in PA that the landlord can put your things into storage and then my friend would have to pay reasonable storage costs. I think in PA there is a "Conversion Law" but im not positive which is why I am asking for help for her.

Thing is they wouldn't let her get anything either so I dunno

[jacksgal]

Why would Landlord store her stuff expecting her to pay storage when she couldnt pay rent!?

[burghbiz]

haha no clue, the whole rent situation is on her but here is a quote from an article someone sent me in PA...

Can the landlord keep the personal property as payment? A landlord cannot keep a tenants personal belongings for the payment of past rent. If a landlord says she will not return your property you pay the landlord for back rent, she is committing a conversion of your personal belongings. A landlord also cannot sell your personal belongings as payment for any past due rent. If you owe the landlord rent and she sells your personal belongings, she is committing a conversion and would owe you the fair market value of your belongings.

Can a landlord hold onto your personal property as collateral if you owe money? A landlord cannot withhold a tenants personal property until the past rent is paid, unless, a written lease gives the landlord permission. If a written lease provides that a landlord can hold onto your personal property, then this creates a lien on the property until the rent is paid.

Again this is in PA... I mean they basically kicked her out with her kid and the shirts on their backs didnt let her get anything even her kids diapers and what not.

[jacksgal]

This does not state if tenant what happens to an evcited tenant who leaves belongins behind. Why should Landlord absorb more loses to store the non rent paying tenants belongs?

[burghbiz]

Well what im saying is she didn't leave the things behind she was forcefully evicted and not allowed to get anything.

She wasn't asking for the landlord to store anything she wanted to get her things but they wouldn't let her. I was just asking all of this because from that article i didnt link the whole thing it was long but, not letting her get her things is illegal from what I read.

I looked at her lease and there is no such lien or anything stating they can sell her property for back rent etc...

I believe its just the landlord being a dick because I tried to make a payment for her and he wouldnt even accept it so I dunno..

[jacksgal]

She had lots of time to remove belongs! She knew she was being evicted once the court order was in place she should have been given a deadline to leave or be tossed out! Once again why should the Landlord spend more money on this?

[burghbiz]

Yes she did go to court paid what the courts said to pay but additional fees around $50 were missed and the landlord to this as not paying but told her that he stopped the eviction.

So she went out of town to visit some family just so happened to come back to the apartment at the moment the constable showed up.

But I dunno guess I will just tell her to contact a local attorney and see if she has any case to get her things.