Legal Question in Real Estate Law in Pennsylvania

tenants

I have tenants that moved out on March 1st. They left a bunch of garbage. I found out where they moved to and drove there and confronted them on Tuesday the 4th. They said that they were short on money and would come back on the 8th and 9th to tidy everything up, put garbage stickers on everything and get it out for trash pick up on Monday. Well, they never came over the weekend... I want to go there tonight and tell them they have 24 hours to get it off my property before I get rid of it for them, and then get a lawyer to be compensated for the disposal. Their lease states that they are responsible for my legal fees as well as court costs. Also I may seek a private nuisance tort. Is there anything illegal about what I want to do?


Asked on 3/10/08, 10:34 am

1 Answer from Attorneys
James Monaghan Law Office of James V. Monaghan

Re: tenants

If they gave notice and moved out, I think that you can comfortably assume that they do not intend to claim the belongings that are left in the unit. You can dispose of it as you like. If however they are still legally entitled to possession, you must file an eviction action. Assuming that is not the case and you incur expenses for removal of the garbage, that can be deducted from the security deposit. If the security deposit does not cover that expense, you can pursue a civil action against them for the difference. Please feel free to contact my office should you have any further questions.

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Answered on 3/10/08, 12:52 pm


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