Abandonmet - When can I toss tenant's things?

Question

Hi all,

I’m hoping you can offer some insight to my rights and responsibility to the tenant in this situation; (Property is in PA)

- One of my units was raided by SWAT on the evening of July 16.

- Due to the neighborhood protection ordinance Tenant was removed/locked out by me at our mayor's request on Monday July 20th.

- Tenant's own attorney said instant eviction by the city is legal and she has no recourse.

- Tenant gathered some items on the 20th, I’ve contacted her several times via Facebook about when she might be able to get the rest of her stuff. She has no car and is currently living with friends.

- July 30th was the last time she replied saying that she would TRY to get more things out.

- Today's requests for a date she can come remove more items have not yet been returned but that is not out of the ordinary for her.

- I have contacted my attorney today but have not heard back yet.

My primary questions are:

How long do I have to store her stuff?

Is there any other notification or other process I have to complete before I remove here stuff? (assuming the time requirement has been met)

Anything else I should be aware of in your experience?

Alex Deacon · Answer

@Shannon Trivett keep track of all correspondence and postings. Send anything certified mail. I had a similar thing happen to me in Pittsburgh and the tenant still sued me. I had to go to court and hire an attorney. Yes I won but it also cost me $1000 in attorney fees. I would say to over communicate with the tenant and give them multiple chances before you toss the items.

Mike McCarthy · Answer

@Shannon Trivett my understanding is that you have to give the tenant 10 days to claim their stuff, then you must store it (potentially at their cost) an additional 30 days. After that, it can be disposed of. Take pictures before moving anything. And please confirm with your att’y.

Elise Bickel Tauber · Answer

I agree with @Alex Deacon. Keep very thorough records. My understanding as well is 10 days for them to tell you them they want their belongings and then if they want their belongings you must hold for 30 days. We usually leave all belongings in the property as the cost to move and store belongings is usually more than losing a months rent not to mention it is inevitable that the tenant is going to say you damaged something or took something when moving it(just my personal opinion).Make sure that your attorney agrees. Also, if it is regularly taking more then 1-2 business days for a response from your attorney for more urgent matters I would reconsider your attorney. I know attorney's get backed up but if there is an urgent matter they should be generally accessible.Best of luck!

Shannon Trivett · Answer

@Alex Deacon, Thank you. it's good advise. I've also contacted her attorney (appointed by Child services) just to have another person in the loop. I'm ok to keep the things an extra week or 2 if she can remove them herself as it would take my as long to arrange for it to be done myself. (as well as save the dumpster/labor costs)

Zachary Ray · Answer

Work exclusively with a real estate attorney for this. Document each step of the process. I have witnessed some places perform an inspection for non-payment of rent. Once inspected you document and check the fridge to see if they still have food left and if they have toiletries. If possessions are under $500 most lawyers will allow you to take possession. Every state may be different but make sure you really cover yourself.

Marc Winter · Answer

@Shannon Trivett--the best advice is to read, study and lear the PA L/T laws. @Mike McCarthy is right--there is a 10-day abandoned notice that must be posted in a prominent place on the property. Look it up in the L/T laws, and follow the instructions given. Any written correspondence should be certified and 1st class--when they are returned as undeliverable, leave them sealed and put into your tenant file for future use in court if it comes down to that.Rule of MDJ court: "He who over documents their own position will always win over an adversary that wings it without documentation."

Shannon Trivett · Answer

Thanks, I'm mailing this letter today.... "When you vacated the premises at ..................... on July 20, 2020, you left a large amount of personal property, including but not limited to bedding, clothing, and furniture. Unless you remove all items from the premises no later than Wednesday August 19, 2020, all items may be disposed of. Please contact me as soon as possible to arrange pick up or send a letter authorizing me to get rid of all property as I see fit. I’ve included a SASE for your convenience. Thank you"