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


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

  

 

    

PRINTER'S NO.  1348

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1056

Session of

2009

  

  

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

  

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Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An

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act relating to the rights, obligations and liabilities of

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landlord and tenant and of parties dealing with them and

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amending, revising, changing and consolidating the law

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relating thereto," providing for disposition of abandoned

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personal property.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The act of April 6, 1951 (P.L.69, No.20), known

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as The Landlord and Tenant Act of 1951, is amended by adding a

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section to read:

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Section 505.1.  Disposition of Abandoned Personal Property.--

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(a)  At the time a tenant has relinquished possession of the

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real property, the tenant shall remove from the premises all

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items of the tenant's personal property. For the purposes of

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this section, a tenant shall be deemed to have relinquished

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possession of the premises upon any of the following:

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(1)  Execution of an order of possession in favor of the

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landlord.

 


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(2)  Expiration of the term of the lease, if the tenant has

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physically vacated the premises and has provided a forwarding

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address or written notice stating that the tenant has vacated

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the premises or will vacate the premises on a date certain.

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(b)  Upon relinquishment of the premises under subsection (a)

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and the acceptance of possession of the real property by the

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landlord, the tenant shall have ten days to contact the landlord

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regarding the tenant's intent to remove any personal property

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remaining on the premises. If the intent is conveyed to the

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landlord, the personal property shall be retained by the

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landlord at a site of the landlord's choosing for thirty days.

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If no communication is made to the landlord within ten days, the

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property may be disposed of at the end of the ten days at the

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discretion of the landlord.

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(c)  If personal property remains on the premises following

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the relinquishment of the premises by the tenant, the following

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shall apply:

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(1)  If there is acceptance of the real property by the

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landlord under subsection (a)(1) and the writ of possession

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contained notice of the provisions under subsection (b), the

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landlord shall not be required to provide further notice to the

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tenant.

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(2)  If there is acceptance of the real property by the

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landlord under subsection (a)(2) and the lease or lease addendum

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contains notice of the provisions under subsection (b), the

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landlord shall be required to provide written notice to the

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tenant that personal property remains on the premises and must

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be retrieved by the tenant. The notice under this paragraph

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shall give the tenant ten days from the date of the notice to

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notify the landlord that the tenant will be retrieving the

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personal property. If the intent is conveyed to the landlord,

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the personal property shall be retained by the landlord at a

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site of the landlord's choosing for thirty days from the date of

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the notice. If no communication is made to the landlord within

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ten days, the property may be disposed of at the end of the ten

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days at the discretion of the landlord. The notice shall also

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include a telephone number and address where the landlord can be

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contacted and shall identify the location where such property

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can be retrieved. The notice shall be sent by regular mail to

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the tenant's forwarding address, if provided, or the formerly

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leased premises or by personal delivery to the tenant.

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(3)  If the lease or lease addendum does not contain notice

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of the provisions under subsection (b), the landlord, in

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addition to complying with the requirements of paragraph (2),

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shall send notice to any emergency contact that may have been

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provided by the tenant in a lease agreement.

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(4)  Any notice required under this subsection shall also

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contain information that the tenant shall be required to pay

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costs related to the removal or storage of property retrieved by

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the tenant after ten days under subsection (f).

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(d)  At all times between the acceptance of the premises by

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the landlord and the expiration of the ten or thirty day

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periods, the landlord shall exercise ordinary care with regard

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to any personal property that the former tenant has left in or

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on the real property.

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(e)  After the appropriate time period under subsection (d)

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has expired, the landlord shall have no further responsibility

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to the former tenant with regard to the personal property and

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may, in the landlord's discretion, dispose of the property. If

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the personal property is sold and proceeds exceed any

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outstanding obligations owed to the landlord, the proceeds shall

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be forwarded to the tenant by certified mail. If no forwarding

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address has been provided to the landlord by the former tenant,

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the landlord shall hold the proceeds for thirty days and if

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unclaimed may retain the proceeds.

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(f)  If the landlord has issued the notice to the tenant

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under subsection (c), the landlord may choose to store the

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tenant's personal property at another location within reasonable

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proximity to the leased premises. If the landlord elects to have

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the property stored at another location, the landlord may remove

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the property from the premises by any means reasonably

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calculated to safeguard the property for the time period

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required under this section. A tenant shall not be required to

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pay any costs related to the removal or storage of the property

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by the landlord, if the former tenant retrieves the personal

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property within ten days of the date of notice. If the former

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tenant retrieves the personal property after ten days of the

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date of notice but before the thirty days, the tenant shall be

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required to pay any reasonable and actual costs related to the

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removal or storage of the property by the landlord for that time

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period.

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Section 2.  This act shall take effect in 60 days.

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