Cal. Civ. Code § 250.312
Remedy in Cases of Improper Distress
Operative Text
The landlord and his agent shall be liable to the tenant or the owner of the personal property distrained on in an action of trespass, (1) If the distress is for more rent than is due, (2) or if the amount of personal property distrained is unreasonably great, (3) or if made after a proper tender of the rent due was rejected, (4) or if the distress is conducted irregularly or oppressively, (5) or if any personal property taken in distress was, to the knowledge of the landlord or his agent, not distrainable, (6) or if the distress is made at an improper time, (7) or if the landlord or his agent receives notice, after the distress, from the owner or his agent or from the tenant having possession of the property that the personal property distrained on was not subject to distress and nevertheless proceeds with the sale without affording the owner a five day period after such notice to replevy such personal property.
Under 68 P.S. § 250.312, Pennsylvania law identifies seven specific circumstances in which a landlord's act of distraining (seizing a tenant's personal property as security for unpaid rent) becomes legally improper and exposes the landlord to a trespass lawsuit. These circumstances include seizing more property than the rent owed warrants, seizing property the landlord knew was not subject to distress, rejecting a valid tender of rent before seizing property, and failing to give a property owner a five-day window to reclaim goods after receiving notice that those goods were not distrainable. The provision applies both to landlords and their agents, and the right to sue extends not only to tenants but also to third-party owners of any property that was wrongfully seized.
Plain English — not legal advice.
Operators conducting a distress action in Pennsylvania must ensure strict compliance with 68 P.S. § 250.312 at every stage of the process. A compliant landlord or property manager generally confirms the exact amount of rent in arrears before seizing property, limits the quantity of goods taken to what is reasonably proportionate to the debt, avoids seizing items known to be exempt or owned by third parties, and does not proceed with a sale after receiving notice that seized property belongs to someone not subject to distress—instead allowing that owner a full five-day period to replevy the goods. Landlords who use agents to carry out distress actions remain personally liable for the agent's conduct under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 68 P.S. § 250.312, tenants—and third-party owners of seized property—have the right to bring a trespass action against a landlord or the landlord's agent when a distress is carried out improperly in any of the seven ways the statute describes. If personal property was seized in excess of what was owed, at an improper time, after a valid rent payment was refused, or in any other manner the provision identifies as irregular or oppressive, affected parties generally have grounds to pursue a legal remedy in court. Tenants who believe a distress action violated this provision may wish to consult a tenant-rights organization or legal aid office to understand the options available to them.
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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