Cal. Civ. Code § 250.307
Proceeding by Tenant to Determine Set-Off
Operative Text
Any court of record or court not of record having jurisdiction in civil actions at law may entertain an action to defalcate by a tenant against a landlord where the landlord has distrained for arrears of rent, to compel the landlord to set-off any account which the tenant may have against the landlord. No such court shall entertain any such action where the rent or set-off claimed is in excess of its civil jurisdiction. Proceedings in such actions shall be the same as in actions of assumpsit. The court shall determine the amount of rent in arrears and the amount of the set-off, if any, and enter judgment in favor of the proper party for the balance due. If such judgment is in favor of the landlord he may, in lieu of issuing execution thereon, proceed with his distress for the amount of such judgment. If the landlord shall sell more personal property than necessary to satisfy such judgment and costs and fail to pay the overplus to the tenant, he shall be liable in trespass to double the amount of the sum so detained, together with the costs of suit. If the landlord shall proceed to sell any personal property after notice of any such proceeding to defalcate and before judgment in his favor thereon, he shall be liable in trespass to double the amount by which the sum realized from such sale exceeds the sum to which he shall be found to be entitled by the final judgment in the defalcation proceeding, together with the costs of suit in the defalcation proceeding, if such judgment be in his favor. If the landlord proceeds with the distress, he shall satisfy the judgment to the extent of the amount realized on the sale, less the costs of the distress, or on his failure to do so, the tenant may proceed by rule to have such satisfaction entered.
Under 68 P.S. § 250.307, when a landlord has seized (distrained) a tenant's personal property to collect unpaid rent, a court with civil jurisdiction may hear a proceeding in which the tenant asks the court to offset any debt the landlord owes the tenant against the rent claimed. The court calculates both the rent in arrears and the tenant's counterclaim, then enters judgment for whichever party is owed the net balance. If a landlord oversells seized property beyond what the judgment requires, or sells property after being notified of the tenant's offset proceeding and before a judgment is entered in the landlord's favor, the landlord faces liability in trespass for double the excess amount, plus court costs.
Plain English — not legal advice.
Property owners and managers operating under 68 P.S. § 250.307 should be aware that once a tenant files a defalcation proceeding, continuing to sell distrained personal property before a judgment is entered in the landlord's favor can trigger double-damages liability in trespass. Compliant operators generally halt or pause any distress sale upon receiving notice of such a proceeding and limit any sale of seized goods strictly to what is necessary to satisfy the final judgment amount and allowable costs. Keeping careful records of distrained property, sale proceeds, and any surplus is consistent with the obligations this provision imposes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 68 P.S. § 250.307, tenants whose personal property has been seized by a landlord collecting back rent have a legal avenue to ask a court to offset amounts the landlord owes them against the rent claimed. If the landlord sells more property than the judgment warrants, or sells property after being notified of the proceeding and before winning a judgment, the tenant may have a trespass claim for double the excess, plus costs. Tenants who believe this provision applies to their situation may wish to consult a tenant-rights organization or legal aid office familiar with Pennsylvania landlord-tenant law to understand the available court procedures.
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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