Cal. Civ. Code § 250.305
Distress of Property Fraudulently Removed
Operative Text
In case any tenant of any real property shall fraudulently or clandestinely remove from the demised premises his personal property with intent to prevent the landlord from distraining the same for arrears of rent, it shall be lawful for the landlord or his agent, within the space of thirty days next ensuing such removal, to take and seize such personal property, wherever the same may be found, in distress for said arrears of rent and to proceed to sell the same, as hereinafter provided, as if the personal property had actually been distrained upon on the demised premises.
Under 68 P.S. § 250.305, when a tenant secretly or deceptively moves personal belongings off a rental property specifically to keep a landlord from seizing those items for unpaid rent, the law extends the landlord's distress remedy beyond the premises. For up to thirty days after such a removal, the landlord retains the legal authority to locate and seize the moved property wherever it is found and to proceed with a sale as though the property had never left the rental unit. This provision is essentially an anti-evasion rule that preserves the landlord's distress rights when a tenant acts to defeat them through concealment or fraud.
Plain English — not legal advice.
Property owners and managers in Pennsylvania should be aware that 68 P.S. § 250.305 provides a limited window — thirty days — to pursue personal property that a tenant has fraudulently or clandestinely removed to avoid a distress action for rent arrears. Compliant operators who believe such a removal has occurred typically document the circumstances carefully, establish the timeline of the removal, and work with legal counsel to determine whether the statutory conditions for pursuing property off-premises are met. Because the distress remedy involves seizing and selling a tenant's belongings, operators generally ensure that all procedural requirements under Pennsylvania law are followed precisely before taking any action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 68 P.S. § 250.305, a landlord's right to seize personal property for unpaid rent can follow that property off the rental premises if a court or fact-finder determines the tenant moved it with fraudulent intent to defeat the distress remedy. Tenants who believe a landlord has wrongly invoked this provision — for example, by seizing property without a valid basis for claiming fraudulent removal — may have grounds to raise that claim as a defense in any resulting legal proceeding. Consulting a tenant-rights organization or legal aid office familiar with Pennsylvania landlord-tenant law can help tenants understand what procedural protections apply and what remedies may be available.
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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