Legal Question in Landlord & Tenant Law in Pennsylvania

We live in PA.We have an apartment that we rented out to a lady about the beginning of last month(September). Well, she hasn't paid last months rent, and was supposed to pay this months rent on the 15th.(October). She also still owes some security deposit. Anyhow, we have called her everyday, no response. My fiance and I have been to the apartment every week, once a week, if not more, and there is no sign of her. We left her notes to call, and than an eviction notice, yet still no contact. We're familiar with the eviction law, but we weren't sure if we could classify this as an abandoned apartment, considering the last time we checked all of her stuff was there. Can someone help us out, or direct us to a site with more information? Would we legally be allowed to move her belongings out, as long as we stored them somewhere? She owes us over $800 so we'd like to get the apartment ready to rent out as soon as possible.

We have also been IN the apartment several times and she is NOT there.


Asked on 10/17/09, 6:42 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

The word you're looking for is distraint. If you have filed with the DJ and it comes to a hearing one of the reliefs you may ask for is taking her stuff. Further, you have a duty to mitigate damages of this lady. You could place her stuff in storage and then rent the apartment out. Leaving her liable for the storage fees but not the rent once you have rented the place to a new tenant.

That said this area of the law is tricky so have a lawyer help you out. Otherwise one misstep and the tenant could file suit against you.

{John}

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Answered on 10/23/09, 9:20 am


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