Can Landlord legally throw away your property?

[alierabbit]

Our laldlord recently throw away from the back patio a carseat, bicycle tire and a metal cabinet that was in good shape and being used to store garden and barbeque supplies, can he legally do this without talking to us first? We are still renting the duplex and have never been late in rent. The landlord does not live on the property. The duplex is in Philadelphia, PA. I want to know if I can legally go after him for reimbursment of these items, altogether they cost approximately $150 which we are giving our 30 day notice of moving and I want to include this bill in with notice. Please let me know what rights I have in regard to this

 

[Attorney_Replogle]

The landlord had no right to do that. Did he tell you why he did that? I presume you have a security deposit that he is still holding. If so, then I think you are saying that you want any money held back from that security deposit by the landlord to be subtracted by the $150. Is this right?

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Mark B. Replogle

 

[alierabbit]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Attorney_Replogle:
The landlord had no right to do that. Did he tell you why he did that? I presume you have a security deposit that he is still holding. If so, then I think you are saying that you want any money held back from that security deposit by the landlord to be subtracted by the $150. Is this right?

<HR></BLOCKQUOTE>

 

[alierabbit]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Attorney_Replogle:
The landlord had no right to do that. Did he tell you why he did that? I presume you have a security deposit that he is still holding. If so, then I think you are saying that you want any money held back from that security deposit by the landlord to be subtracted by the $150. Is this right?

<HR></BLOCKQUOTE>

We only have last month's rent as our deposit which I will be using as May's rent as I am giving our 30 day notice to him the end of this month. I would like this amount reimbursed to me by the end of May. I have not spoken to him in regards to this as the guy is a real winner and I want to get all of my valubles out of here before I give him my notice.

 

[alierabbit]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by alierabbit:
Our laldlord recently throw away from the back patio a carseat, bicycle tire and a metal cabinet that was in good shape and being used to store garden and barbeque supplies, can he legally do this without talking to us first? We are still renting the duplex and have never been late in rent. The landlord does not live on the property. The duplex is in Philadelphia, PA. I want to know if I can legally go after him for reimbursment of these items, altogether they cost approximately $150 which we are giving our 30 day notice of moving and I want to include this bill in with notice. Please let me know what rights I have in regard to this<HR></BLOCKQUOTE>
We have only Last Months Rent as deposit, which I will be using as May's rent so I would like to be reimbursed this amount by the end of May.

 

[Tracey]

Go to the library and read the landlord tenant act: Title 68, chapter 8, section 250. In particular, read:
§250.305 Distress of property fraudulently removed.
§250.306 Replevin by tenant or owner.
§250.307 Proceeding by tenant to determine set-off.
§250.308 Appraisement of property levied upon.
§250.311 Damages for removal of property distrained on.
§250.312 Remedy in cases of improper distress.
§250.313 Remedy where distress and sale made and no rent due


When you give your notice, also tell landlord that he must credit you for the property he stole from your porch. Quote the appropriate laws to him so he knows you aren't just guessing.

Does your lease require you not to have personal property on your porches? Even if it does, he has to give you written notice to remove the property and 3-30 days to comply. He can't just take it.


Good luck,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.