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rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 40103
Experience:  30 years as a Texas lawyer dealing in landlord tenant
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I had a tenant student who signed one year lease for one

Customer Question

I had a tenant student who signed one year lease for one room nearby Temple college. Within six months, due to his personal problem(related to school )he has to relocate so he find another tenant and that another student signed sub-lease for the remainder of the six months. After completion of one year, sub-lease tenant vacated apartment and take all his personal belongings. On the last day of the lease, when we checked apartments we found all debris and junk broken furniture. In good faith we hired professional cleaning company who clean and restore apartment in a rental condition. After some few days, i have received a letter from original tenant claiming that he has left his personal stuff such as laptop, clothing, books etc. Now he want me to reimburse the value of his personal belongings.
I need your expert opinion about rights for original lease holder who moved out within six months after assigning lease to another person
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  rayanswers replied 7 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Customer: replied 7 months ago.
OK , awaiting your response
Expert:  rayanswers replied 7 months ago.

You would not have liability here for any abandoned personal property.Tenant is responsible for his belongings and securing them as well s the subtenant.I do not see that you have any liability here for left behind abandoned personal property.Tenant or his representative should have retrieved property when he he left, after this it was considered abandoned.

I think if he sued you here you could argue abandonment and failure to retrieve the personal property.There was no agreement here for you to store, hold, protect his personal goods.He should have taken his property when he left.I would write him stating this and that there was no liability for abandoned personal property on your part.

I appreciate the chance to help you today.Thanks again.

Expert:  rayanswers replied 7 months ago.

I just don't see that you had any duty or liability for his personal property arguably he abandoned it since he didn't take it with him.

Thanks , if you can positive rate when we are done it is always much appreciated.Have a great day.

Customer: replied 7 months ago.
Can you please clerify that once original leaseholder transferred remainder of the lease agreement , he doesn't have any right to sue for personal belongings which he left about six months ago
Expert:  rayanswers replied 7 months ago.

I believe that's correct here.Arguably he assigned the lease to the sub tenant and abandoned any personal property if he didn't come get it here.

Customer: replied 7 months ago.
This property located in Philadelphia, PA. So advice what you have provided is applicable in Philadelphia,pa?
Expert:  rayanswers replied 7 months ago.

Yes it would be in PA, here again the subleasee assumed the lease and the original tenant abandoned the property if he didn't take it with him.

Customer: replied 7 months ago.
I really feel appreciate your feedback. Just if you can confirm me the advsie what you have provided to me , whether is applicable in Philadelphia,pa
Expert:  rayanswers replied 7 months ago.

Yes this would apply to Philadelphia PA here no doubt.Thanks again.

Expert:  rayanswers replied 7 months ago.

Summary

of

the New Abandoned Personal Property Law in Pennsylvania

(

T

akes effect December 22, 2014)

Disposition of Abandoned Personal Property.

(a)

The first provision starts with

an

expectation of tenants:

Upon termination of a lease or relinquishment of

possession of real property,

tenants shall remove all personal property from

a leased or formerly leased

premises

.

But if abandoned personal property remains on the premises, it may be disposed

of at the discretion of the landlord,

subject to the followi

ng provisions”

:

(b)

Is the personal property abandoned?

Personal property remaining on the premises is deemed abandoned

if any

of the

following apply

:

1.

The tenant has vacated the unit following the termination of a written lease.

2.

An eviction order or order

for possession in favor of the landlord has been

entered and the tenant has vacated the unit and removed substantially all

personal property.

3.

An eviction order or order for possession in favor of the landlord has been

executed---But see

(h)

below

---

regarding pr

otection from abuse orders

.

4.

The tenant has provided the landlord with written notice of a forwarding

address and has vacated the unit and removed substantially all personal

property.

5.

The tenant has vacated the unit without communicating an intent to return,

the rent is more than fifteen days past due

and, subsequent to those events,

the landlord has posted notice of the tenant’s

rights regarding the property.”

Expert:  rayanswers replied 7 months ago.

http://www.paa-east.com/uploads/3/1/1/4/31149221/summary_of_act_167_of_2014.docx_for_website_and_newsletter_oct_30_2014.pdf

Thanks again this is the law for reference.Again it appears abandoned and the the subtenant assumed lease and is the party here with lease.

Customer: replied 7 months ago.
I have received an email from tenant. If I would scanned document with the lease agreement , can you be able to draft a letter to me . As per the email I have received from tenant , I have to reply before 10/18/2016. I don't know how your service work. Do you work on weekend?
Expert:  rayanswers replied 7 months ago.

I can review your draft and comment under terms of service.There is a fee and I sent you an offer.

Customer: replied 7 months ago.
Ok, I will come back to you . Do u work on weekend since we have to reply before 10/18/16
Expert:  rayanswers replied 7 months ago.

Be here all weekend and tonight.Talk to you soon, thanks.

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