Bill Text: PA SB1056 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for disposition of abandoned personal property.

Spectrum: Slight Partisan Bill (Republican 8-5)

Status: (Introduced - Dead) 2009-07-27 - Referred to URBAN AFFAIRS AND HOUSING [SB1056 Detail]

Download: Pennsylvania-2009-SB1056-Introduced.html

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PRINTER'S NO. 1348
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1056 Session of2009
INTRODUCED BY BROWNE, FONTANA, STOUT, ARGALL, RAFFERTY, ERICKSON, GREENLEAF, HUGHES, BOSCOLA, M. WHITE, MUSTO, EARLL AND ALLOWAY, JULY 27, 2009
REFERRED TO URBAN AFFAIRS AND HOUSING, JULY 27, 2009
AN ACT
Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
act relating to the rights, obligations and liabilities of
landlord and tenant and of parties dealing with them and
amending, revising, changing and consolidating the law
relating thereto," providing for disposition of abandoned
personal property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 6, 1951 (P.L.69, No.20), known
as The Landlord and Tenant Act of 1951, is amended by adding a
section to read:
Section 505.1. Disposition of Abandoned Personal Property.--
(a) At the time a tenant has relinquished possession of the
real property, the tenant shall remove from the premises all
items of the tenant's personal property. For the purposes of
this section, a tenant shall be deemed to have relinquished
possession of the premises upon any of the following:
(1) Execution of an order of possession in favor of the
landlord.
(2) Expiration of the term of the lease, if the tenant has
physically vacated the premises and has provided a forwarding
address or written notice stating that the tenant has vacated
the premises or will vacate the premises on a date certain.
(b) Upon relinquishment of the premises under subsection (a)
and the acceptance of possession of the real property by the
landlord, the tenant shall have ten days to contact the landlord
regarding the tenant's intent to remove any personal property
remaining on the premises. If the intent is conveyed to the
landlord, the personal property shall be retained by the
landlord at a site of the landlord's choosing for thirty days.
If no communication is made to the landlord within ten days, the
property may be disposed of at the end of the ten days at the
discretion of the landlord.
(c) If personal property remains on the premises following
the relinquishment of the premises by the tenant, the following
shall apply:
(1) If there is acceptance of the real property by the
landlord under subsection (a)(1) and the writ of possession
contained notice of the provisions under subsection (b), the
landlord shall not be required to provide further notice to the
tenant.
(2) If there is acceptance of the real property by the
landlord under subsection (a)(2) and the lease or lease addendum
contains notice of the provisions under subsection (b), the
landlord shall be required to provide written notice to the
tenant that personal property remains on the premises and must
be retrieved by the tenant. The notice under this paragraph
shall give the tenant ten days from the date of the notice to
notify the landlord that the tenant will be retrieving the
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personal property. If the intent is conveyed to the landlord,
the personal property shall be retained by the landlord at a
site of the landlord's choosing for thirty days from the date of
the notice. If no communication is made to the landlord within
ten days, the property may be disposed of at the end of the ten
days at the discretion of the landlord. The notice shall also
include a telephone number and address where the landlord can be
contacted and shall identify the location where such property
can be retrieved. The notice shall be sent by regular mail to
the tenant's forwarding address, if provided, or the formerly
leased premises or by personal delivery to the tenant.
(3) If the lease or lease addendum does not contain notice
of the provisions under subsection (b), the landlord, in
addition to complying with the requirements of paragraph (2),
shall send notice to any emergency contact that may have been
provided by the tenant in a lease agreement.
(4) Any notice required under this subsection shall also
contain information that the tenant shall be required to pay
costs related to the removal or storage of property retrieved by
the tenant after ten days under subsection (f).
(d) At all times between the acceptance of the premises by
the landlord and the expiration of the ten or thirty day
periods, the landlord shall exercise ordinary care with regard
to any personal property that the former tenant has left in or
on the real property.
(e) After the appropriate time period under subsection (d)
has expired, the landlord shall have no further responsibility
to the former tenant with regard to the personal property and
may, in the landlord's discretion, dispose of the property. If
the personal property is sold and proceeds exceed any
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outstanding obligations owed to the landlord, the proceeds shall
be forwarded to the tenant by certified mail. If no forwarding
address has been provided to the landlord by the former tenant,
the landlord shall hold the proceeds for thirty days and if
unclaimed may retain the proceeds.
(f) If the landlord has issued the notice to the tenant
under subsection (c), the landlord may choose to store the
tenant's personal property at another location within reasonable
proximity to the leased premises. If the landlord elects to have
the property stored at another location, the landlord may remove
the property from the premises by any means reasonably
calculated to safeguard the property for the time period
required under this section. A tenant shall not be required to
pay any costs related to the removal or storage of the property
by the landlord, if the former tenant retrieves the personal
property within ten days of the date of notice. If the former
tenant retrieves the personal property after ten days of the
date of notice but before the thirty days, the tenant shall be
required to pay any reasonable and actual costs related to the
removal or storage of the property by the landlord for that time
period.
Section 2. This act shall take effect in 60 days.
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