Cal. Civ. Code § 250.103
Provisions Excluded from Act
Operative Text
Nothing contained in this act shall be construed to include or in any manner repeal or modify any existing law-- (1) Providing for preference of rent in case personal property liable to distress is taken and sold by virtue of any execution and providing for the payment of such rent from the proceeds of such execution; (2) Denying to a plaintiff the right to stay an execution without the consent of the landlord having a preference for rent due payable from the proceeds of such execution; (3) Providing that a sale on distress shall be stayed where the personal property distrained upon is levied upon by a sheriff or where a receiver or a trustee or receiver in bankruptcy is appointed for the person whose property was distrained, and providing for a lien for the rent or the proceeds of the sale of such personal property by such officer and the payment of such rent, together with the costs of executing the landlord's warrant, from the proceeds of such sale; (4) Providing for preference of rent in cases of insolvency and assignment for the benefit of creditors and in bankruptcy proceedings; (5) Providing for preference of rent in the settlement of estates of decedents; (6) Fixing the liability of the tenant to pay taxes assessed against real property occupied by him and permitting the tenant to recover the amount of the tax so paid from the landlord or to defalcate such amount against rent due or becoming due; (7) Providing for the issuing of writs of estrepement to stay waste committed by a tenant or by others allowed by a tenant to commit waste and for the procedure in such cases; (8) Fixing the duties and liabilities of tenants and the rights of landlords in connection with actions of ejectment brought by third parties; (9) Prescribing special proceedings for the obtaining of possession of real property purchased at tax or judicial sales and providing for and defining the rights, remedies, duties and liabilities of such purchasers and tenants affected thereby; (10) Except as herein specially provided, fixing fees of justices of the peace, aldermen, magistrates, sheriffs or constables in any proceedings affecting the relationship of landlord and tenant. Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Section 68 P.S. § 250.103 establishes that Pennsylvania's Landlord and Tenant Act does not override or repeal a set of pre-existing laws governing specific landlord-tenant matters. These carve-outs cover topics such as rent preferences in insolvency, bankruptcy, and decedents' estates; tenant tax liability and recovery; distress sale procedures; ejectment actions; tax and judicial sale possession proceedings; and fee schedules for magisterial district judges and other officers. In short, those older legal frameworks remain fully in force alongside the Act, operating independently of it.
Plain English — not legal advice.
Under 68 P.S. § 250.103, property owners should be aware that certain legal rights and remedies—such as rent preferences in bankruptcy or insolvency proceedings, distress sale procedures, and rights in ejectment actions—are governed by separate statutes that the Landlord and Tenant Act did not disturb. Compliant operators generally track which legal framework applies to a given situation, recognizing that the Act is not the sole source of landlord rights and obligations in Pennsylvania. Consulting the relevant underlying statutes, or a qualified attorney familiar with Pennsylvania property law, is a common practice when these specialized areas arise.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants in Pennsylvania, 68 P.S. § 250.103 means that certain rules affecting them—such as the ability to recover taxes paid on a landlord's behalf or to offset those taxes against rent owed—come from laws that exist separately from the main Landlord and Tenant Act and were preserved by this provision. Tenants who believe their rights under one of these carve-out areas (for example, tax payment recovery or protections during insolvency proceedings) have been violated may wish to research the specific underlying statute or reach out to a tenant-rights organization for general guidance. Because multiple legal frameworks can apply simultaneously, understanding which law governs a particular issue is an important first step.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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